Loading...
HomeMy WebLinkAboutORD NO 2281ORDINANCE NO. 2281 NEW SERIES AN ORDINANCE OF THE COL~NCIL OF THE CITY OF BAKERSFIELD REPEALING SPECIFIED SECTIONS OF TITLE 17, AND ADDING CHAPTER 17.54 TO TITLE 17 OF THE MUNICIPAL CODE, CONCERNING THE REGULATION OF SIGNS WITHIN THE CITY OF BAKERSFIELD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Sections 17.13.020 (c) and (d), 17.25.020(b)25(d), 17.27.020(b)2, 17,40.024 (1) and 17.52.060 (H) of Title 17 of the Municipal Code of the City of Bakersfield are hereby repealed. SECTION 2. That Chapter 17.54 is hereby added to Title 17 of the Municipal Code of the City of Bakersfield as follows: Sections: 17.54.010 17.54.020 17.54.030 17.54.040 17.54.045 17.54.050 17.54.060 17.54.070 17.54.080 17.54.090 17.54.100 17.54.110 17.54.120 17.54.130 17.54.140 17.54.150 17.54.160 17.54.170 17.54.190 17.54.200 17.54.210 17.54.215 17.54.220 17.54.230 17.54.240 Chapter 17.54 SIGNS Purpose Compliance Definitions General Provisions Removal of Certain Signs Construction and Maintenance Signs In Residential and '%" Districts Signs In Cormnercial-Professional Office Districts Signs In Neighborhood Commercial Districts Signs In General Commercial Districts Signs In Industrial Districts--Light and General Manufacturing. Signs In Planned Residential Development Districts Signs In Mobilehome and Travel Trailer Districts Signs In Civic Center Districts Signs In Church Districts Signs In Hospital Districts Signs In Automobile Parking Districts Signs In Architectural Design Districts Comprehensive Sign Plans Nonconforming Signs Special Permits Authority to Enforce Violation a Public Nuisance Penalty.for Violations Severability 17.54.010 Purpose. The purpose of this Chapter is to promote the growth of the City of Bakersfield in an orderly and attractive manner and to provide standards to safeguard life, health, property and public welfare by regulating and controlling the type, number, area, height, quality of materials, construction, illumination, location and maintenance of all signs and sign structures and to accomplish the following results: (1) To protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs. (2) To promote and maintain healthy commercial centers and property values for effective identification and communication of the nature of goods and services and avoidance of wasteful and unsightly competition in signs. (3) To attract and direct persons to various activities and enterprises, in order to provide for the public convenience. (4) To provide a reasonable system of controls of signs, supplementing the comprehensive zoning plan set forth in this Title. (5) To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing. (6) To encourage a desirable urban character which has a minimum of clutter. (7) To enchance the economic value of the cormnunity and each area thereof through the reasonable regulation of such things as type, number, area, height, location and illumination of signs. (8) To encourage signs which are harmonious with adjacent land uses and to encourage architectural compatibility. (9) To reduce possible traffic and safety hazards through good signing. (10) To provide a reasonable amortization period for the removal of nonconforming signs. o (11) To implement the purposes, policies and programs of the General Plan. 17.54.020 Compliance. No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, constructed, erected, installed, or otherwise permitted or maintained, except as provided in this chapter and code. 17.54.030 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. (1) A-Frame shall mean any sign with two or more faces or surfaces, usable for advertising display, not attached to the wall of a building or structure, whether portable or affixed to the ground and commonly known as '~"-Frame, "T"-Frame and sandwich board. (2) Advertising Statuary shall mean a three-dimensional imita- tion, representation or similitude of a person, animal or object which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and is used for advertising purposes. (3) Area of a Sign shall mean the entire area within a single continuous perimeter, perforated or solid backgrounds, ornamental embellishments, writings, representations, emblems or any figures or similar characters, including any spires, masts, shafts or similar projections, but excluding the necessary supports or uprights on which such sign is placed. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two (2) such faces are placed back to back and are at no point more than two (2) feet apart; the area of the sign shall be taken as the area of one face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. (4) Architectural Feature or Projection shall mean a marquee, porch, canopy or other similar architectural feature or projection of a building or structure or any projection not intended for occupancy which extends beyond the face of an exterior wall but shall not include signs. 3. (5) Bench Sign shall mean a bench located outdoors with advertising matter thereon. (6) Background Area of Si~n shall mean the entire back- ground area of a sign upon which copy can be placed. (7) Building Facade shall mean that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. (8) Building Official shall mean the Building Director of the City of Bakersfield or his authorized representative charged with the administration and enforcement of this Chapter. (9) Canopy shall mean a fixed overhead shelter used as a roof, which may or may not be attached to a building. (10) Canopy Sign or Awning Sign shall mean a sign attached to or hung from a canopy, awning or marquee or similar architectural feature. (11) City Council shall mean the Council of the City of Bakersfield. (12) Construction Sign shall mean a sign stating the names of those individuals, firms or corporations connected with the construction project and which is placed upon the premises where construction, repair or renovation is in progress. Said sign may include the name of the city in which their business is located and emergency telephone numbers. (13) Directional Sign shall mean an on-premise, inci- dental sign designed to guide or direct pedestrian or vehicular traffic. (14) Directional Sign - Subdivision shall mean a sign which informs the viewer as to the route or change of direction of travel to a land development project, containing the name of the project, any characteristic trademark or insignia of the developer, necessary travel directions and any identifying material as required by the City. (15) Directory shall mean any sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings. (16) Flashing Sign shall mean any sign which contains or is illuminated by lights which flash, scintillate, blink, travel, go on and off intermittently, change in intensity or color or is illiminated by light not providing constant illumination, also including flashing beacons or flashing arrows and parts or attach- ments to signs which are illuminated by such lights. (17) For Sale or Rent Sign shall mean a sign offering real property, personal property, or a business, or any combination thereof, for sale, lease or exchange to property management. It does not the usual course of business. by and includes signs pertinent include merchandise sold in (18) Freestanding Sign shall mean a sign which is supported one or more columns, uprights or braces in or upon the ground. (19) Front Foot of Building Occupancy shall mean a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location. (20) Freeway shall mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only a limited or restricted right or easement of access and which is declared to be a freeway as provided by the Streets and Highways Code of the State of California. (21) Freeway-Oriented Sign shall mean any sign identifying premises where food, lodging and places of business engaged in supply- ing goods and services essential to the normal operation of motor vehicles and which are directly dependent upon an adjacent freeway. Signs must be within 660 feet horizontal distance from the right-of- way of said freeway, visible from the freeway and the premises upon which the sign is located must be located within 1500 feet of a free- way exit, providing access to the premises on which the sign is located. (22) Height of FreestandinR Signs shall mean the ver- tical distance from the average surface grade from the base of its supporting structure to the top of its highest element. (23) Identification Si~n shall mean any sign which is used to identify or advertise the occupant of a building, structure, lot or premises, or the merchandise or activity available at the build- ing, structure, lot or premises where the sign is located. Such sign may also be referred to as an on-site or on-premise sign. (24) Indirectly Illuminated Sign shall mean a sign whose illumination is derived entirely from a light source which is arranged so that no direct rays of light are projected from such light source into residences or streets. (25) Marquee shall mean a permanent roofed structure attached to and supported by the building and projecting over public property. (26) Monument Sign shall mean a freestanding, identifi- cation sign which is appropriately landscaped, with overall height not to exceed eight (8) feet. (27) Moving Sign shall mean any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsations, or by action of wind currents. (28) Outdoor Advertising Si~n shall mean a sign that directs attention to a business, profession, product, commodity or service that is not the primary business, profession, product, com- modity or service conducted, sold, manufactured or offered on the site on which the sign is located; such sign may also be referred to as a billboard, off-site, or off-premise sign. (29) Outlining of a Building means the placing and main- taining of neon tubing, fluorescent lighting, or incandescent lighting in a line marking the outer limits or edges of a building or window e or roof of a building. Such definition shall not apply to any cus- tomary Christmas lighting placed and maintained for a reasonable time during the holiday season. (30) Parcel of Property shall mean any separate legal lot or parcel of land, provided that when a shopping center has been divided into separate parcels, it shall continue to be considered as one parcel of property for the purposes of this Chapter and provided further that where one owner, tenant, business or enterprise occupies two or more contiguous parcels of property, they shall be considered as one parcel of property for the purposes of this Chapter. (31) Planning Director shall mean the Planning Director of the City of Bakersfield or his authorized representative. (32) Planning Commission shall mean the Planning Commis- sion of the City of Bakersfield. (33) Political Sign shall mean a sign advertising a can- didate for political office, a political party or a measure scheduled for an election. (34) Portable Sign shall mean a sign not permanently affixed to the ground or a building or structure on the premises it is intended to occupy. (35) Projectin~ Sign shall mean an identification sign other than a wall sign, which projects more than twelve (12) inches from, and is supported by a wall, of a building or structure. (36) Public Service Sign shall mean any sign or portion thereof intended to promote items of general interest to the com- munity such as time, temperature, atmospheric conditions, etc., and are not to be considered flashing or moving signs. (37) Roof Line shall mean the upper exterior line of a roof or top enclosure surface, as viewed from any side perpendicular to the exterior wall plane and shall include eaves, fascia, parapets or similar projections or extensions. (38) Roof Sign shall mean an identification sign or por- tion thereof located on, or extending over the roof line of a building and either supported by the roof of a building or by independent structural frame. A sign which is attached flat against the wall of a penthouse or other similar roof structure which is a part of the enclosed floor area of the building shall be considered a roof sign. (39) Reader Board shall mean a sign which is a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature. (40) Rotating Sign shall mean any sign that moves or that portion of any sign which moves or rotates in any manner. (41) Shopping Center shall mean a group of at least two (2) businesses which function as an integral unit on a single parcel or separate parcels of property and which group utilizes common off-street parking facilities and access. (42) Sign shall mean and include every advertising message, announcement, device, declaration, demonstration, display, illustra- tion, insignia, advertising statuary, surface or space, including the supporting structure and component parts, erected or ~naintained in view of the observer thereof, for identification and advertisement of a business, profession, product or service. Exemptions are listed in Section 17.54o040A of this Chapter. (43) Street Frontage shall mean the linear frontage of a parcel of property abutting a street. "Street" means a public thoroughfare which affords the principal means of access to abutting property. (44) Temporary Sign shall mean any banner, pennant, flag, captive balloon, streamer, placard, or similar impermanent or canvas sign or advertising device or display with or without letters, words, numbers or figures thereon which directs, promotes or attracts, or which is otherwise designed and used to attract attention. (45) Vehicle Sign shall mean any advertising display or sign that is exposed to public view, attached to, painted on, or supported from a parked automobile, truck, trailer or other mobile vehicle, for the purpose of advertising a business, service or products, or directing people to a business activity, located on any private or public property, but shall not refer to standard advertising or identification practices where such sign is painted on or permanently attached to a commercial or business vehicle used in the conduct of such business. (46) Wall Sign or Fascia Sign shall mean an identifica- tion sign attached to, painted on or erected against the exterior wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall. (47) Window Sign shall mean any sign painted, attached, glued or otherwise affixed to, and visibly displayed on the inside or outside of a window and facing a public street, walkway, mall or parking lot available for public use. (48) Z one is used in this Chapter by reference to resi- dential zones or districts, commercial or industrial zones or districts, and is construed to refer to such zones or districts as set forth in Chapter 17.12 of this Title. The terms "zone" and "district" are used interchangeably. 17.54.040 General Provisions. A. Exempt Signs. The definition of "sign" shall not include the following: (1) Official notices authorized by a court, public body or public officer. (2) Directional, warning or information sign authorized by federal, state or municipal authority. (3) A properly displayed official flag of a government, religious group or nonprofit organization. (4) Memorial plaque, tablet or cornerstone. (5) Signs within a building not visible from a public street, walkway, mall or parking lot available for public use. (6) Signs within a ball park or other similar private or public recreational use and which cannot be seen from a public street or adjacent properties. (7) Signs placed by a public utility for the safety, welfare or convenience of the public, such as signs identifying high voltage, public telephone or underground cable. (8) Signs in or on taxicabs as authorized and approved as to size, form and contents by the City Manager under Section 7.52.090 of the Municipal Code. (9) Signs in or on public busses or other public con- veyances which may be permitted by the City Council. (10) Bench signs as authorized under Chapter 7.06 of the Municipal Code. (11) Signs being manufactured, transported and/or stored within the City limits; provided, however, that such signs are not used, in any manner or form, for purposes of advertising at the place or places of manufacture or storage. (12) Signs on licensed commercial vehicles, provided, however, that such vehicles shall not be utilized as parked or stationary outdoor display signs. B. General Prohibitions and Restrictions. (1) No signs shall be erected, installed or maintained in the City unless such signs are specifically permitted under the provisions of this chapter or said signs comply with t'he regulations established in Section 17.54.200 relating to nonconforming signs, unless permitted by Special Permit under Section 17.54.210. Such prohibition shall apply to the number of signs on any parcel or premises, to the area or size of such signs, to the location of such signs on the parcel or premises, to the height or ground clearance of such signs and to the type, illumination and maintenance of all such signs. Such prohibited signs shall be subject to abatement or injunction under Section 17.54.220. 10. (2) No sign or its supporting members shall be erected, altered, relocated or maintained so as to interfere with or re- strict access to a window or other opening in a building in such manner as to limit air circulation or obstruct or interfere with the free use of a fire escape, exit, standpipe, stairway, door, ventilator or window, or similar opening. Any such sign consti- tutes a nuisance and shall not become a legal nonconforming sign. (3) No sign shall be permitted which is placed on any curb, sidewalk, post, pole, light standard, hydrant, bridge, tree or other surface located on public property or over or across any street except as may otherwise be authorized by this chapter or by action of the City Council where circumstances may exist which are found to justify such exception. Any such sign hereby pro- hibited constitutes a nuisance, and shall not become a legal non- conforming sign. (4) No sign shall be permitted near the intersection of any street, alley or any vehicle access in such a manner as to obstruct free and clear vision of motor vehicle operators, or at any location where by reason of its position, shape, illumination or color, it may interfere with or be confused with any authorized sign, signal or device, or which makes use of a word, symbol, phrase, illumination, shape or color in such a manner as to inter- fere with, mislead or confuse traffic. Any such sign constitutes a nuisance and shall not become a legal nonconforming sign. (5) All signs incorporating electrical components shall be constructed and maintained to comply with the Electrical Code or Codes as adopted by the City and all signs shall be constructed, installed and maintained to structurally comply with all applicable requirements of the Uniform Building Code and Uniform Sign Code, as adopted and amended by the City. (6) Flood lighting used permitted only when such lighting and is hooded or shielded for illumination of any sign is is installed on private property so that the light source is not a nuisance 11. or detrimental to persons viewing such area and so that such light does not detrimentally affect or interfere with vehicular traffic, pedestrians, or adjacent properties, in any manner. Violation of these provisions is unlawful. (7) (a) Outlining of a building by means of exposed neon tubing or fluorescent lighting is permitted only where the amperage does not exceed thirty (30) milliamperes. (b) Outlining of a building by means of exposed incan- descent lighting is permitted if the wattage does not exceed fifteen (15) watts and the units of lights forming the line marking the outer limits or edges of a building, or window or roof of a building, are at least two (2) feet apart. (8) (a) In the C-l, C-2, M~i and M-2 districts, exposed bulbs, forming a part of a sign, which are in excess of 40 watts, are prohibited. In all districts more restrictive than the C-1 district, exposed bulbs, forming a part of a sign, which are in excess of 15 watts, are prohibited. (b) In all districts, all exposed reflector-type lamps forming part of a sign or used to illuminate a sign, are prohibited. (9) Signs which are detrimental to the public peace, health, safety, morals, aesthetics, economy or general welfare of the City, and signs displaying obscene, indecent, immoral or untruthful matter or copy, are prohibited. Any such sign constitutes a public nuisance per se and is subject to abatement or injunction under Section 17.54.220 and Section 38773 of the Government Code. No such sign shall become a legal nonconforming use irrespective of any building permit which may have been granted for same. (10) Placards or posters advertising special community events are permitted as window signs only. (11) Public Service signs may contain or include trade or professional name identification and logo only. (12) Theater Marquee signs are permitted only as permitted under the Uniform Sign Code as adopted and amended by Chapter 13.40 of the Municipal Code. (13) Mansard-type roof signs, i.e., any single-faced sign attached to or mounted upon a roof which has a slope which exceeds 45° from the horizontal plane and which does not project above the highest sight line of such roof shall be deemed a wall sign for the purpose of this chapter. 12. (14) Temporary signs as defined in Section 17.54.030(44) are prohibited, except that such signs may be used for the purposes of commercial grand openings, special events of limited duration, and like occasions. (15) Any sign which does not identify or advertise the occupant of a building, lot or premises, or relate to any merchan- dise or to any business or other activity available or being con- ducted at the building, lot or premises where the sign is located, except outdoor advertising signs, and Subdivision Directional signs, is prohibited. (16) Wherever in this chapter free-standing signs are permitted, no such permitted sign shall project over public property or any public right-of-way unless such sign is reviewed and approved upon application, by the Planning Con~nission. Free-standing signs which so project shall not be permitted unless the applicant demon- strates a lack of sufficient alternative sign location to provide reasonable opportunity to identify and advertise the business. In addition thereto, the Planning Commission, prior to decision, shall consider all the matters stated in Section 17.54.010 of this chapter and the extent of the proposed projection. (17) This chapter is not intended to, nor shall any of its provisions be construed to modify or repeal the Uniform Sign Code of Chapter 13.70 of the Municipal Code, except as herein stated. (18) The City Council may, by resolution, establish fees for the filing of any application under this chapter. C. Specific Prohibitions. The following signs, in addition to other signs prohibited in this chapter, are specifically pro- hibited: (1) Vehicle Signs. Vehicles shall not be utilized as parked or stationary signs as where a vehicle and sign thereon is conspicuously parked or left standing so as to constitute a device or sign. No person shall maintain a sign on any vehicle or trailer 13. parked on a public right-of-way, public property or on private pro- perty, so as to be visible from a public right-of-way, which has attached thereto, located thereon or leaning against such vehicle or trailer any sign for the purpose of providing advertisement of a business, service or products, directing people to a business acti- vity located on the same or other property, or for any purpose what- ever, including electrical portable signs. This prohibition shall not apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a commercial or business vehicle used in the conduct of such business, or to bumper stickers. (2) Flashing signs in all districts more restrictive than the C-1 district. (3) Flashing signs in the C-l, C-2, M-1 and M-2 districts, except flashing neon signs with current not exceeding 30 milliamperes, and except flashing incandescent signs with lamps not exceeding 11 watts. (4) Moving and rotating signs, except for the rotation of barber poles, the indication of time of day, temperature and atmos- pheric conditions, and except for rotating signs which revolve not exceeding eight (8) revolutions per minute. (5) "A" frames. (6) Portable signs. (7) Outdoor advertising signs except as permitted in the C-2, M-1 and M-2 districts. (8) Projecting signs except as specified in this chapter. (9) Roof signs except as specified in this chapter. (10) Free-standing signs which project over public property or any public right-of-way, except as specified in this chapter. 17.54.045 Removal of Certain Signs. (A) The owner or person in lawful possession of any sign which is not operational or not used for a period of sixty (60) days or which was used to advertise or identify that which has been moved or discontinued for a period of sixty (60) days, shall remove all dis- play copy from such sign immediately upon the expiration of such period. If said display copy is not removed within thirty (30) days 14. after notice by the Building Director, the City may cause said display copy to be removed and the cost thereof shall become a lien against the property on which the sign is located. Extensions for thirty- (30) day periods may be granted by the Building Director. The pro- visions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided herein or otherwise provided by law. (B) All signs which are not nonconforming signs under Section 17.54.200(C) and which do not conformwith the provisions of this chapter are public nuisances and shall be removed at the owner's sole expense within sixty (60) days after the effective date of this chapter. If said sign is not removed within said period, the City may cause said sign to be removed and the cost thereof shall become a lien against the property on which the sign is located. Extensions for thirty-(30) day periods may be granted by the Build- ing Official. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided herein or otherwise provided by law. (C) Political signs shall be removed within ten (10) days following the completion of the election. (D) Construction signs shall be removed within ten (10) days following filing of the Notice of Completion or acceptance of the building whichever first occurs. (E) Temporary signs as defined by Section 17.54.030(44), where permitted, shall be removed within ten (10) days after the special event has taken place. (F) For Sale or Rent Signs shall be removed within ten (10) days after the sale, lease or exchange has been completed. (G) Signs for new subdivisions shall be removed within eighteen (18) months after the events described in Section 17.54.060A (6)(d). (H) Signs for new apartment projects shall be removed within eighteen (18) months after the events described in Section 17.54.060 C(5) (d). (I) Any sign mentioned in subparagraphs B through H of this section shall be subject Section 17.54.220. to the notice and removal provisions of 15. (J) Notwithstanding the above, in cases of emergency, the Building Director may cause the irmnediate removal of a dangerous or structurally defective sign without notice. 17.54.050 Construction and Maintenance. (A) Construction. Every sign and all parts, portions, units and materials comprising the same, together with the frame, back- ground, supports or anchorage therefor, shall be securely built, constructed and erected in conformance with the requirements of the Uniform Sign Code, Uniform Building Code, and the Electrical Code, as adopted and amended by the City of Bakersfield. (B) Maintenance. No person owning or controlling a sign shall fail to keep such sign, together with all supports, braces, guys, and anchors in good repair and in proper state of preservation at all times. It shall be fully operational and present a satisfactory appearance in regard to painting, cleaning, broken faces, electrical outages, landscaping, or anything deemed detrimental to the appear- ance of the sign. It shall be the duty of the owner and occupant to make immediate repair to any sign deemed by the Building Director to be imminently dangerous or perilous to the public safety. A sign maintained in violation of this section constitutes a public nuisance. Nothing in this section shall be construed so as to nullify the requirements and remedies as to maintenance established by the Uni- form Sign Code. (C) Notice to Maintain, Alter or Repair. Upon a written notice from the Building Director of a sign deemed unsafe, necessary repairs shall be made immediately. Otherwise, upon a written notice from the Building Director, the necessary maintenance, alterations or repairs shall be made within ten (10) days after the date of such notice. In the event the owner, or person in lawful possession shall fail to maintain, alter or repair in accordance with such notices, in addition to any other penalty or remedy provided for in this chapter, such sign may be abated by the Building Director in accordance with the provisions of Section 17.54.220. 16. 17.54.060 Signs in Residential and '~" Districts. (A) The following signs are permitted in the R-S, R-S-1A, R-S-2~A and R-1 districts: (1) One (1) Construction sign for each parcel of property not more than four (4) square feet in area; provided that such sign shall not be located closer than ten (10) feet to any adjoining property line, nor nearer than five (5) feet from the front property line. (2) One (1) For Sale or Rent sign for each parcel of property, the area of which shall not exceed four (4) square feet for each 10,000 square feet of land or portion thereof; provided, however, there shall not be more than one such sign on such parcel for each 100 feet frontage on a public street. No such sign shall be located closer than ten (10) feet to any adjoining property line, nor nearer than five (5) feet from the front property line. (3) In addition to the house number, one unlighted sign of not to exceed one-half (~) square foot in area attached to and parallel with the front wall of the building and containing only the name and title or occupation of the occupant. (4) One unlighted sign of not to exceed one-half (½) square foot in area attached to and parallel with the front wall of the building prohibiting trespassing or solicitation. (5) Political signs shall be permitted on private property with the permission of the person in lawful possession of such property a reasonable time preceding an election, but shall be removed not later than ten (10) days following the election to which they apply. No political signs shall be placed in any street right-of-way or on any utility pole or directional or public sign post whether on public or private property. (6) Two (2) free-standing identification signs for each new subdivision, subject to the following conditions: (a) No such sign shall exceed sixty-four (64) square feet in area or twenty (20) feet in height. 17. (b) There shall be no additions, tag signs, devices, display boards or appurtenances added. (c) No free-standing sign shall project over public property or any public right-of-way. (d) Up to two (2) additional such signs may be per- mitted, subject to Planning Director review and approval, who shall, prior to his decision, take into consideration the following matters: The purposes of this chapter; acreage of the project; number of lots in the project; length and width of lots, topography of the land; number of streets and alignment thereof and street frontages; loca- tion of the tract office. He may disapprove such application. Dis- satisfied applicants may appeal any decision to the Planning Conunis- sion within ten (10) days after decision, which body may affirm, modify or reverse, subject to appeal of its decision under Section 17.54.210D. (e) Such signs may be maintained for a period of eighteen (18) months from the date of recordation of the final map or until all lots in the subdivision have been initially sold, which- ever occurs first; provided that the Planning Director may grant permission to erect or maintain such sign after the eighteen (18) months if he determines that it is not detrimental to the surround- ing property nor injurious to the safety and welfare of the public. Said extension shall not exceed one (1) year. (7) Two (2) Subdivision Directional signs for each new subdivision, subject to the following conditions: (a) No such sign shall exceed eight (8) square feet in area or eight (8) feet in height. (b) The signs shall be located within the subdivi- sion. (d) and signs as defined in Section in Section 17.54.040(B)(14). (c) The conditions stated in subparagraph (b), (c) (e) of Section 17.54.060A (6) shall apply. (8) New subdivisions shall also be permitted temporary 17.54.030(44) under the conditions stated 18. (9) Uses which may be allowed by conditional use permit may be allowed signs as part of, and in accordance with, the permit. The applicant shall include in his plot plan a complete description of any sign he proposes to install, showing type, location, area in square feet, lighting, shape, and color. The Board of Zoning Adjustment may deny or approve such signing or may limit such approval in any manner consistent with the general welfare and the purposes and objectives of this chapter. Churches are permitted up to two Reader Boards provided no such sign shall exceed fifteen (15) feet in height and twenty (20) square feet in area. (B) The following signs are permitted in the "A" districts: (1) All signs permitted in the R-1 district, except where otherwise stated. (2) One (1) For Sale or Rent sign for each 25,000 square feet of land or portion thereof, the area of which shall not exceed sixteen (16) square feet; provided, however, there shall not be more than one such sign on such premises for each 200 feet frontage on any street. The For Sale or Rent sign permitted in the R-1 district shall not be permitted in the '~" district in addition to such sign permitted herein. (3) One (1) identification sign for each developed parcel of property not exceeding thirty-two (32) square feet in area indicating the name of the owner and/or property and products produced on the premises. No free-standing sign shall exceed a height of sixteen (16) feet. Signs shall not project into or over public property or public right-of-way. (4) Directional or incidental signs where reasonably necessary on the premises. (C) The following signs are permitted in the R-2, R-3 and R-4 districts: (1) All signs permitted in the R-1 district, except where otherwise stated. 19. (2) One (1) unlighted or interior illuminated identifi- cation sign for each street frontage. Such signs shall be attached to buildings, ornamental walls or entrance structures facing such streets one (1) square foot of sign area per dwelling unit shall be allowed for each such sign but in no case exceed a total of thirty- two (32) square feet for each such sign. (3) One (1) unlighted construction sign per development not to exceed thirty-two (32) square feet in area, may be placed on the parcel during its construction period, and it shall be removed within ten (10) days following completion of the development. The construction sign permitted in the R-1 district shall not be permitted in an R-2, R- 3, o r R-4 district in addition to such sign per- mitted herein. (4) One (1) For Sale or Rent sign for each street front- age of property, not to exceed two (2) square feet in area per dwel- ling unit constructed thereon, the total area for each parcel of property not to exceed thirty-two (32) square feet. The Planning Commission, upon application, may approve additional signs per street frontage not to exceed one sign for each 100 feet street frontage. The For Sale or Rent sign permitted in the R-1 district shall not be permitted in the R-2, R-3 or R-4 districts in addition to such signs permitted herein. (5) One (1) new apartment project, (a) No free-standing identification sign for each subject to the following conditions: such sign shall exceed sixty-four (64) square feet in area of twenty (20) feet in height. (b) There shall be no additions, tag signs, devices, display boards or appurtenances added. (c) No free-standing sign shall project over public property or any public right-of-way. (d) Up to three (3) additional such signs may be permitted, subject to Planning Director review and approval, who shall, prior to his decision, take into consideration the following 20. matters: The purposes of this chapter; acreage of the project; number of detached buildings; number of dwelling units in the pro- ject; topography of the land; number of streets and aligmment thereof and street frontages; location of the apartment office. He may disapprove such application. Dissatisfied applicants may appeal any decision to the Planning Cormmission within ten (10) days after decision, which body may affirm, modify or reverse, subject to appeal of its decision under Section 17.54.210 D. (e) Such sign or signs may be maintained for a period of eighteen (18) months from the date of the termination of the construction or until 85% of all the dwelling units of the pro- ject have been initially rented, or sold, or at the expiration of the building permit, if construction is not completed and such building permit is not renewed or another permit obtained, which- ever occurs first; provided that the Planning Director may grant permission to erect or maintain such sign after the eighteen (18) months if he determines that it is not detrimental to the surround- ing property nor injurious to the safety and welfare of the public. Said extension shall not exceed one (1) year. (6) Two (2) Subdivision Directional signs for each new apartment project, subject to the following conditions: (a) No such sign shall exceed eight (8) square feet in area or eight (8) feet in height. (b) The signs shall be located within the project. (c) The conditions stated in subparagraph (b), (c) (d) and (e) of Section 17.64.060 C(5) shall apply. (7) New apartmnnt projects shall also be permitted temporary signs as defined in Section 17.54.030(44) under the con- ditions stated in Section 17.54.040(B)(14). 17.54.070 Signs in Cormnercial - Professional Office Districts. The following sign regulations shall apply in the C-O zone: (A) Signs permitted. 21. vided, however, than thirty-two ting a street. (1) All signs permitted in the R-1 district, except where otherwise stated. (2) Wall signs or signs designed as a part of an architectural feature or projection of the building for each business entity, which shall be identification signs only, not exceeding one (1) square foot in area for each front foot of building occupancy for each elevation abutting a street and not exceeding one-half (½) square foot in area for each front foot of building occupancy for other elevations not abutting a street; pro- that each building shall be entitled to no less (32) square feet in area for each elevation abut- (3) Window signs not exceeding in area more than 25% of the window area on which the signs are affixed. This limita- tion shall not apply to any customary holiday decorations placed on windows and maintained for a reasonable time during a holiday season. (4) One (1) free-standing identification sign for each developed parcel of property, not exceeding thirty-two (32) square feet in area nor a height of twenty (20) feet. No free-standing sign shall project over public property or any public right-of-way. (5) One (1) canopy sign at each building entrance not exceeding five (5) square feet in area, which shall be placed with a minimum ground clearance of eight (8) feet. (6) One (1) For Sale or Rent sign for each parcel of property, not to exceed sixteen (16) square feet in area, for each one hundred (100) feet street frontage, or portion thereof, with a maximum free-standing height of eight (8) feet and a maximum height of fifteen (15) feet, if attached to a building~ the For Sale or Rent sign permitted in the R-1 district shall not be permitted in the C-O district in addition to such sign permitted herein. 22. (7) One (1) Construction sign for each parcel of pro- perty, not exceeding thirty-two (32) square feet in area nor fifteen (15) feet in height. The construction sign permitted in the R-1 district shall not be permitted in the C-O district in addition to such sign permitted herein. (8) Directional signs where reasonably necessary. (9) All illuminated signs shall be indirectly illuminated. Internal illumination protected by a plastic face or other accept- able material shall be permitted. (B) Signs Permitted Subject to Planning Director Review and Approval. Up to two (2) additional free-standing identification signs for each developed parcel of property may be approved by the Planning Director subject to the following conditions: No such sign shall exceed thirty-two (32) square feet in area or twenty (20) feet in height; such signs shall not project over public property or any public right-of-way. The Planning Director shall, prior to his decision, take into consideration the following matters: the pur- poses of this chapter; the size of the parcel; street frontages and public entrances and the lack of alternative sign locations to pro- vide reasonable opportunity to identify the business or businesses. He may approve, conditionally approve or disapprove such application, and may require that any or all additional signs permitted shall be monument signs. Dissatisfied applicants may appeal any decision to the Planning Cormnission within ten body may affirm, modify or reverse, under Section 17.54.210D. (10) days after decision, which subject to appeal of its decision (c) Approval. Signs Permitted Subject to Planning Commission Review and (1) (a) Free-standing signs otherwise permitted in this section which project over public property or any public way. (b) Such applicant demonstrates a right-of- signs shall not be permitted unless the lack of sufficient alternative sign location 23. to provide reasonable opportunity to identify and advertise the business. In addition thereto, the Planning Commission shall con- sider all the matters stated in Section 17.54.010 of this chapter and the extent of the proposed projection. 17.54.080 Signs in Neighborhood Commercial Districts. (A) The following signs are permitted in the C-1 district: (1) All signs permitted in the R-1 district, except where otherwise stated. (2) Wall signs or signs designed as a part of an archi- tectural feature or projection of the building for each business entity, not exceeding one (1) square foot in area for each front foot of building occupancy for each elevation abutting a street and not exceeding one-half (½) square foot in area for each front foot of building occupancy for other elevations not abutting a street; pro- vided, however, that each building shall be entitled to no less than fifty (50) square feet in area for each elevation abutting a street. Premises fronting on more than one street may not combine allowable signs for one frontage with another frontage for the purpose of placing the combined area of signs on one frontage. Wall signs shall be so placed on a building that the highest element of the sign does not exceed thirty-five (35') feet in height, from the aver- age surface grade of the premises. (3) (a) One (1) free-standing identification sign for each street frontage of a developed parcel of property not exceeding one hundred fifty (150) square feet in area and which does not project over public property or any public right-of-way. (b) Permitted signs for a particular street front- age of a parcel may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage. (c) Where such parcel is permitted two or more free- standing signs, the distance between any of such signs shall be not less than fifty (50) feet. 24. (d) feet in height. (4) (a) signs may be wall Such signs shall not exceed twenty-six (26') Two (2) signs for each business entity, which signs, monument signs or reader board, for the purpose of indicating prices, merchandise or service offered, offi- cial public services provided on the premises, credit cards honored, trading stamps available, directions to customers and like matters. No such sign shall be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right- of-way. No such sign shall exceed thirty-two (32) square feet in area or exceed a height of fifteen (15') feet. (b) Each business entity shall also be permitted two (2) signs, when appropriate, for the purpose of indicating the matters stated in subsection (4)(a), which signs may be attached to private light poles, free-standing sign column or canopies, the area of each sign not to exceed six (6) square feet. Such signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached. (5) One (1) canopy sign at each building entrance, not to exceed five (5) square feet in area which shall be placed and maintained with a minimum ground clearance of eight (8') feet. (6) One (1) construction sign for each parcel of pro- perty not exceeding sixty-four (64) square feet in area and fifteen (15') feet in height. The construction sign permitted in the R-1 district shall not be permitted in the C-1 district in addition to such sign permitted herein. (7) (a) One (1) For Sale or Rent sign for each building, the area of which shall not exceed sixteen (16) square feet for each one hundred (100) front feet of building occupancy. (b) When the parcel of property has no buildings upon it, one (1) For Sale or Rent sign, not exceeding sixty-four (64) square feet in area or four (4) or less such signs, none of which shall exceed sixteen (16) square feet. 25. (8) Directional signs where reasonably necessary on the parcel of property, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs, and may not include any advertising or trade or professional name identification. (9) Subdivision Directional signs not to exceed thirty- two (32) square feet in area, nor sixteen (16') feet in height which shall not project over public property or any pu'blic right- of-way. Such signs may be maintained for a period of only eighteen (18) months, in accordance with the rules stated in Section 17.54.060A (6)(e) and Section 17.54.060C (5)(e). (10) Window signs not exceeding in area more than thirty (30%) percent of the window area on which the signs are affixed. This limitation shall not apply to any customary holiday decora- tions placed on windows and maintained for a reasonable time during a holiday season. (B) Signs Permitted Subject to Planning Commission Review and Approval. The following signs may be permitted subject to review and approval by the Planning Commission under all of tlhe provisions of Section 17.54.210 of this chapter. (1) (a) One (1) projecting sign for a business entity fronting on a street. (b) Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign loca- tions to provide reasonable opportunity to identify and advertise the business. In addition thereto the Commission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage. (c) A projecting sign may exist instead of, but not in addition to, a free-standing sign. 26. (d) The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 13.40 of the Municipal Code and the Uniform Sign Code as adopted and amended therein; provided, however, that where the building is set back from the property line, no such sign shall project from the building more than ten (10') feet. (e) Projecting signs shall not exceed one hundred fifty (150) square feet in area; when any such sign has more than two faces, all additional faces shall be included in the calcula- tions of total allowable area. (f) No projecting sign shall extend above the roof line at the wall or the top of a parapet wall. (g) Projecting signs shall be identification signs only. (2) (a) One (1) roof sign for a business entity. (b) Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign loca- tions to provide reasonable opportunity to identify and advertise the business. In addition thereto the Commission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage; the proximity to residential uses on the same street. (c) A roof sign may exist instead of, but not in addition to, free-standing and projecting signs. (d) A roof sign may not project over public property. (e) A roof sign shall not exceed one hundred fifty (150') feet in area. (f) No roof sign shall exceed a height, in any element thereof, of six (6') feet above the roof as measured vertically from the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign. 27. (g) Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 13.40 of the Municipal Code. (h) A roof sign shall be an identification sign only. (3) (a) Free-standing signs otherwise permitted in this section which project over public property or any public right-of- way. (b) Such sign shall not be permitted unless the appli- cant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business. In addition, thereto, the Planning Commission shall con- sider all the matters stated in Section 17.54.010 of this chapter and the extent of the proposed projection. 17.54.090 Signs in General Commercial Districts. The following signs are permitted in the C-2 district: (1) All signs permitted in the R-1 district, except where otherwise stated. (2) Outdoor advertising sign not exceeding three hundred (300) square feet in area, and not exceeding thirty-five (35) feet in height, except that: (a) No outdoor advertising sign shall be permitted if such sign faces the front of any lot within any residential zone and is located within one hundred (100) feet of such lot line. (b) Such signs shall be at least three hundred (~00) feet apart on the same side of a public street. (c) Such signs shall not project over public property or any public right-of-way. (d) Where such sign has two faces back-to-back which faces are at no point more than two (2) feet apart, the two faces of the sign shall be substantially equal in area. (e) The Planning Commission shall have the authority to grant a special permit, consistent with the general welfare, fol- lowing application under Section 17.54.210, for an outdoor advertising 28. sign in a C-2 district, in excess of thirty-five (35) feet in height, not to exceed fifty (50) feet in height, and in excess of three hun- dred (300) square feet in area, of not to exceed six hundred seventy- two (672) square feet in area. (3) Wall signs or signs designed as a part of an architec- tural feature or projection of the building for each business entity, two (2) square feet in area for each front foot of building occupancy for each elevation of the building or the background area of such signs may cover twenty-five (25%) per cent of the building facade, whichever is the greater area; provided, however, that the sign area permitted shall not exceed four hundred fifty (450) square feet per building elevation and each building shall be entitled to no less than fifty (50) square feet in area for each elevation. Premises may not combine allowable signs for a particular elevation of a building with that allowed for another elevation for the purpose of placing the combined area of signs on one elevation. 'Wall signs shall be so placed on a building so that the highest element of the sign does not exceed thirty-five (35') feet in height, from the average surface grade of the premises. (4) (a) One (1) free-standing identification sign for each street frontage of a developed parcel of property not exceed- ing two hundred forty (240) square feet in area and which does not project over public property or any public right-of-way. (b) If a street frontage abutting such parcel exceeds six hundred (600') feet, the area of the permitted sign may be one (1) square foot for each lineal foot of such street frontage but in no event shall exceed four hundred fifty (450) square feet. (c) Permitted signs for a particular street frontage of a parcel may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage. (d) Where such parcel is permitted two or more free- standing signs, the distance between any of such signs shall be not less than fifty (50') feet. (e) Such signs shall not exceed thirty-lfive (35') feet in height. 29. (5) (a) Two (2) signs for each business entity, which signs may be wall signs, monument signs or reader board, for the purpose of indicating prices, merchandise or service offered, official public services provided on the premises, credit cards honored, trading stamps available, directions to customers and like matters. No such sign shall be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right-of-way. No such sign shall exceed thirty-two (32) square feet in area or exceed a height of fifteen (15') feet. (b) Each business entity shall also be permitted two (2) signs, when appropriate, for the purpose of indicating the matters stated in subsection (5)(a), which signs may be attached to private light poles, free-standing sign column or canopies, the area of each sign not to exceed six (6) square feet. iSuch signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached. (6) One (1) canopy sign at each building entrance, not to exceed five (5) square feet in area which shall be placed and maintained with a minimum ground clearance of eight (8') feet. (7) One (1) construction sign for each parcel of pro- perty not exceeding sixty-four (64) square feet in area and fifteen (15') feet in height. The construction sign permitted in the R-1 district shall not be permitted in the C-2 district in addition to such sign permitted herein. (8) (a) One (1) For Sale or Rent sign for each building, the area of which shall not exceed sixteen (16) square feet for each one hundred (100) front feet of building occupancy. (b) When the parcel of property has no buildings upon it, one (1) For Sale or Rent sign, not exceeding sixty-four (64) square feet in area or four (4) or less such signs, none of which shall exceed sixteen (16) square feet. 30. (9) Directional signs where reasonably necessary on the parcel of property, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs, and may not include any advertising or trade or professional name identification. (10) Subdivision Directional signs not to exceed thirty- two (32) square feet in area, nor sixteen (16') feet in height and shall not project over public property or any public right-of-way. Such signs may be maintained for a period of only eighteen (18) months, in accordance with the rules stated in Section 17.54.060A (6)(e) and Section 17.54.060C (5)(e). (11) Window signs not exceeding in area more than thirty (30%) percent of the window area on which the signs are affixed. This limitation shall not apply to any customary holiday decorations placed on windows and maintained for a reasonable time during a holiday season. (B) Signs Permitted Subject to Planning Commission Review and Approval. The following signs may be permitted subject to review and approval by the Planning Commission under all of the provisions of Section 17.54.210 of this chapter. (1) (a) One (1) projecting sign for a business entity fronting on a street. (b) Such sign shall not be permitted unless the appli- cant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business. In addition thereto the Connnission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage. (c) A projecting sign may exist instead of, but not in addition to, a free-standing sign. 31. (d) The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 13.40 of the Municipal Code and the Uniform Sign Code as adopted and amended therein; provided, however, that where the building is set back from the property line, no such sign shall project from the building more than ten (10') feet. (e) Projecting signs shall not exceed two hundred (200) square feet in area; when any such sign has more than two faces, all additional faces shall be included in the calculations of total allowable area. (f) No projecting sign shall extend above the roof line at the wall or the top of a parapet wall. (g) Projecting signs shall be identification signs only. (2) (a) One (1) roof sign for a business entity. (b) Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign loca- tions to provide reasonable opportunity to identify and advertise the business. In addition thereto the Commission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage; the proximity to residential uses on the same street. (c) A roof sign may exist instead of, but not in addition to, free-standing and projecting signs. (d) A roof (e) A roof square feet in area. sign may not project over public property. sign shall not exceed two hundred (200) (f) No roof sign shall exceed a height, in any element thereof, of six (6') feet above the roof as measured vertically from the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign. 32. extent of the 17.54.100 Manufacturing. M-2 district: (g) Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 13.40 of the Municipal Code. (h) A roof sign shall be an identification sign only. (3) (a) Free-standing signs otherwise permitted in this section which project over public property or any public right-of- way. (b) Such sign shall not be permitted unless the appli- cant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business. In addition thereto, the Planning Commission shall consider all the matters stated in Section 17.54.010 of this chapter and the proposed projection. Signs in Industrial Districts Light and General The following signs are permitted in the M-1 and (1) All signs permitted in the R-1 district, except where otherwise stated. (2) Outdoor advertising sign not exceeding three hundred (300) square feet in area, and not exceeding fifty (50) feet in height, except that: (a) No outdoor advertising sign shall be permitted if such sign faces the front of any lot within any residential zone and is located within one hundred (100) feet of .such lot line. (b) Such signs shall be at least three hundred (300) feet apart on the same side of a public street within the same block. (c) Such signs shall not project over public property or any public right-of-way. (d) Where such sign has two faces back-to-back, which faces are at no point more than two (2) feet apart, the two faces of the sign shall be substantially equal in area. (e) The Planning Commission shall have the authority to grant a special permit, consistent with the general welfare, fol- lowing application under Section 17.54.210, for an outdoor advertis- ing sign in an M~i and M-2 district in excess of three hundred (300) 33. square feet in area, of not to exceed six hundred seventy-two (672) square feet in area. (3) Wall signs or signs designed as a part of an architec- tural feature or projection of the building for each business entity, not exceeding two (2) square feet in area for each front foot of building occupancy for each elevation of the building; provided, however, that the background area of such signs shall not exceed forty (40%) percent of the building facade; provided further that each building shall be entitled to no less than fifty (50) square feet in area for each elevation. Premises may not combine allowable signs for a particular elevation of a building with that allowed for another elevation for the purpose of placing the combined area of signs on one elevation. Wall signs shall be so placed on a building so that the highest element of the sign does not exceed fifty (50) feet in height, from the average surface grade of the premises. (4) (a) Two (2) free-standing identification signs, not exceeding three hundred (300) square feet in area in aggregate, for each street frontage of a developed parcel of property and which do not project over public property or any public right-of-way. (b) If a street frontage abutting such parcel exceeds six hundred (600) feet, the area of the permitted signs may be one (1) square foot for each lineal foot of such street frontage but in no event shall exceed six hundred seventy-two (672) square feet in aggregate for each street frontage. (c) Permitted signs for a particular street frontage of a parcel may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage. (d) The distance between any of such signs shall be not less than fifty (50) feet. (e) Such signs shall not exceed fifty (50) feet in height. 34. (5) (a). Two (2) signs for each business entity, which signs may be wall signs, monument signs or reader board, for the purpose of indicating prices, merchandise or service offered, official public services provided on the premises, credit cards honored, trading stamps available, directions to customers and like matters. No such sign shall be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right- of-way. No such sign shall exceed thirty-two (32) square feet in area or exceed a height of fifteen (15) feet. (b) Each business entity shall also be permitted two (2) signs, when appropriate, for the purpose of indicating the matters stated in subsection (5)(a), which signs may be attached to private light poles, free-standing sign column or canopies, the area of each sign not to exceed six (6) square feet. Such signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached. (6) One (1) canopy sign for each building entrance, not to exceed eight (8) square feet in area which shall be placed and maintained with a minimum ground clearance of eight (8) feet. (7) One (1) construction sign for each parcel of property not exceeding sixty-four (64) square feet in area and fifteen (15) feet in height. The construction sign permitted in the R-1 district shall not be permitted in the C-2 district permitted herein. (8) (a) One (1) For Sale or Rent the area of which shall not exceed sixteen in addition to such sign sign for each building, (16) square feet for each one hundred (100) front feet of building occupancy. (b) When the parcel of property has no buildings upon it, one (1) For Sale or Rent sign, not exceeding sixty-four (64) square feet in area or four (4) or less such signs, none of which shall exceed sixteen (16) square feet. 35. (9) Directional signs where reasonably necessary on the parcel of property, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs, and may not include any advertising or trade or professional name identification. (10) Subdivision Directional signs not to exceed sixty- four (64) square feet in area, nor fifteen (15) feet in height and shall not project over public property or any public right-of-way. Such signs may be maintained for a period of only eighteen (18) months, in accordance with the rules stated in Section 17.54.060A (6)(e) and Section 17.54.060C (5)(e). (11) Window signs not exceeding in area more than forty (40%) percent of the window area on which the signs are affixed. This limitation shall not apply to any customary holiday decorations placed on windows and maintained for a reasonable time during a holiday season. B. Signs Permitted Subject to Planning Commission Review and Approval. The following signs may be permitted subject to review and approval by the Planning Commission under all of the provisions of Section 17.54.210 of this chapter. (1) (a) One (1) projecting sign for a business entity fronting on a street. (b) Such sign shall not be permitted unless the appli- cant demonstrates a lack of sufficient alternative si~ locations to provide reasonable opportunity to identify and advertise the business. In addition thereto the Commission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage. (c) A projecting sign may exist instead of, but not in addition to, a freestanding sign. 36. (d) The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 13.40 of the Municipal Code and the Uniform Sign Code as adopted and amended therein; provided, however, that where the building is set back from the property line, so such sign shall project from the building more than ten (10) feet. (e) Projecting signs shall not exceed two hundred (200) square feet in area; when any such sign has more than two faces, all additional faces shall be included in the calculations of total allowable area. (f) No projecting sign shall extend above the roof line at the wall or the top of a parapet wall. (g) Projecting signs shall be identification signs only. (2) (a) One (1) roof sign for a business entity. (b) Such sign shall not be permitted unless the appli- cant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business. In addition thereto the Commission, prior to decision, shall consider the following matters: the factors set forth in Section 17.54.210(A); the relationship of the building to other buildings on the same street as to set-back, size and existing signage; the proximity to residential uses on the same street. (c) A roof sign may exist instead of, but not in addi- tion to, free-standing and projecting signs. (d) A roof sign may not project over public property. (e) A roof sign shall not exceed three hundred (300) square feet in area. (f) No roof sign shall exceed a height, in any element thereof, of six (6) feet above the roof as measured vertically from the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign. 37. (g) Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 13.40 of the Municipal Code. (h) A roof sign shall be an identification sign only. (3) (a) Free-standing signs otherwise permitted in this section which project over public property or any public right-of- way. (b) Such signs shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign loca- tions to provide reasonable opportunity to identify and advertise the business. In addition thereto, the Planning Commission shall consider all the matters stated in Section 17.54.010 of this chapter and the extent of the proposed projection. 17.54.110 Signs in Planned Residential Development (P.U.D.) Districts. (A) Within a proposed Planned Residential Development Dis- trict no sign shall be permitted in connection therewith until the Final Development Plan is approved; provided, however, that upon application for said zoning, a sign may be placed upon the zoned property indicating the probable future use of the property, which sign shall first be approved by the Planning Commission. All other proposals for signs, including area, design, number, height, illumination and location of such proposed signs shall be included in the Final Development Plan which shall be considered under Section 17.51.060 of this Title. (B) Residential development in said zone shall be restricted to signs permitted in the R-3 Zone and incidental commercial uses shall be restricted to sig~s~permitted in the C-O Zone, subject to the latitude granted to the Planning Commission under Section 17.51.060. (C) In addition to the criteria established in Chapter 17.51 of this Title and the factors set forth in Section 17.54.010 of 38. this chapter, in its determination of the proposal for signs, the Planning Con~nission shall also take into consideration the follow- ing matters: acreage of the project, topography of the land, number of lots in the project, size and number of the dwelling units and other buildings, location of the development, vehicular and pedestrian traffic, alignment of streets and street frontages and orientation of the development to streets, alleys, walkways and easements and to the adjacent neighborhood and the general welfare. 17.54.120 Signs in MH Mobilehome and TT Travel Trailer Park Districts. (A) The following signs are permitted in the MH and TT Districts: (1) For MH and TT Parks one monument sign at each entrance thereof. (2) Signs permitted in the R-1 district only. 17.54.130 Signs in Civic Center Districts. The following sign regulations shall apply in the CC Zone: (A) Signs may be permitted by the Planning Commission upon application for Special Permit pursuant to Section 17.54.210 of this chapter and in accordance with the conditions, limitations and criteria established herein. A separate application for signs under Chapter 17.44 of this title shall not be required. (B) The application, with accompanying statements, detailed drawings, including the area, height, type, illumination, number, materials and exact location of proposed and existing signs, and other related material requested by the Planning Commission or the Planning Director, shall be received by the Planning Director who shall make a written report and reconnnendation to the Planning Commission, prior to the hearing. (C) The Planning Commission shall consider all relevant matter presented by the applicant, including all of the relevant factors set forth in Section 17.54.010, the report and recommendation of 39. the Planning Director and other matters required herein to be con- sidered, and may approve, conditionally approve or disapprove the application. Required permits shall be withheld by the Building Director pending final decision of the Planning Commission or City Council unless a waiver of appeal is filed by the applicant. (D) Signs which because of their area, height, type, illumina- tion, number, location, configuaration, color scheme, legend or any other visible component would be such that the resulting character would be detrimental to the environment and neighborhood in and surrounding the district, or not in harmony with other signs, uses, structures and improvements in the area or not in the public interest and welfare, are prohibited. (E) No sign shall have an area exceeding one hundred fifty (150) square feet in area nor a height exceeding twenty-six (26) feet. Any variance in such area or height must have the approval of the City Council. (F) Painted wall signs may be permitted, provided no sign shall be painted directly on the surface of any building or structure. (G) One (1) For Sale or Rent sign is permitted, which shall not exceed twelve (12) square feet in area, for each one hundred (100) feet street frontage, or portion thereof, nor exceed a free- standing height of eight (8) feet or a height of fifteen (15) feet, if attached to a building. (H) One (1) Construction sign is permitted for each parcel of property which shall not exceed thirty-two (32) square feet in area nor fifteen (15) feet in height. The construction sign permitted in the R-1 district shall not be permitted in the CC district in addition to such sign permitted herein. (I) The For Sale or Rent sign and Construction sign shall be permitted without application to the Planning Commission. 17,54.140 Signs in Church Districts. The following sign regu- lations shall apply in the CH Zone: 40. (A) district: The following signs are permitted in the CH Church (1) Signs permitted in the R-1 district. (2) For uses other than churches or places used exclu- sively for religious worship in the R-l, R-2 and R-3 districts, all signs permitted in such other zone in which the parcel of property is also classified. (3) Churches or other places used exclusively for reli- gious worship are permitted not to exceed two (2) reader boards, not exceeding an aggregate total of forty (40) square feet in area and not exceeding fifteen (15) feet in height. No one such sign shall exceed twenty (20) square feet in area. Monument signs may be installed in lieu of any permitted reader board. (4) Churches or other places used exclusively for reli- gious worship are also permitted wall signs or signs designed as a part of an architectural feature or projection of the building not exceeding one-half (~) square foot in area for each lineal foot of the property devoted to such use, abutting a street; provided, how- ever, that each building shall be entitled to no less than thirty- two (32) square feet in area for each elevation abutting a street. Premises fronting on more than one street may not combine allowable signs for one frontage with another frontage for the purpose of placing the combined area of signs on one frontage. (5) Churches or other places used exclusively for reli- gious purposes may also be permitted one (1) free-standing identi- fication sign for each developed parcel of property which shall not project over public property or any public right-of-way, not exceeding a sign area of thirty-two (32) square feet, and shall not exceed a height of twenty (20) feet. In lieu of such sign, one (1) monument sign may be erected and maintained. (6) Churches or other places used exclusively for reli- gious worship are permitted one (1) construction sign for each 41. parcel of property not exceeding thirty-two (32) square feet in area and not exceeding fifteen (15) feet in height. The construc- tion sign permitted in any other zone in which the parcel is also classified shall not be permitted in the CH district in addition to such sign permitted herein. (7) Directional signs where reasonably necessary on the premises, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs and may not include any other identification. (8) One (1) For Sale or Rent sign for each developed parcel of property, not exceeding sixteen (16) square feet in area for each one hundred (100) feet street frontage or portion thereof, with a maximum free-standing height of eight (8) feet and a maximum height of fifteen (15) feet, if attached to a building. (B) All signs in the CH district, except signs also permitted in the R-1 district, directional signs, for sale or rent signs and construction signs, shall be permitted only upon application to and approval of the Planning Com~nission, in accordance with Chapter 17.44 of this title. Free-standing signs which project over public pro- perty or any public right-of-way shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign loca- tions to provide reasonable opportunity to identify and advertise the business. In addition thereto, the Planning Commission shall consider all the matters stated in Section 17.54.010 of this chapter and the extent of the proposed projection. 17.54.150 Signs in Hospital Districts. The following sign regulations shall apply in the Hosp. Zone: (A) The following signs are permitted in the Hospital district: (1) For uses other than hospitals, sanitariums, rest homes, convalescent homes, maternity homes and homes for the aged, in the R-l, R-2 and R-3 districts, all signs permitted in such other zone in which the parcel of property is also classified. 42. (2) Hospitals, sanitariums, rest homes, convalescent homes, maternity homes and homes for the aged, are permitted the signs permitted churches in Section 17.54.140, subject to the authority hereby given to the Planning Commission to vary such requirements, i.e., make either more or less restrictive in accord- ance with the type of use involved, acreage of the parcel, topography of the land, size and number of buildings or wings in the project, location of the use, vehicular and pedestrian traffic, alignment of streets, street frontages, orientation of the use to streets, alleys, walkways and easements and to the adjacent neighborhood and to the general welfare. The Planning Commission shall also be guided by the purposes set forth in Section 17.54.010 of this chapter, and the facts as presented by the applicant which require such signing for the purpose of maximizing the functional efficiency of the institution. (B) All signs in the Hosp. district, except signs also per- mitted in the R-1 district, directional signs, for sale or rent signs and construction signs, shall be permitted only '~pon appli- cation to and approval of, the Planning Commission, in accordance with Chapter 17.44 of this title. Free-standing signs may be per- mitted as stated in Section 17.54.140(B). 17.54.160 Signs in P-Automobile Parking Zone. (A) The following signs only are permitted in the "P" Zone: (1) Free-standing identification signs or monument signs are permitted as follows: (a) In a P-zoned area not also classified in an "R" Zone, such signs are subject to the same restrictions, stan- dards and procedures which are applicable to the adjacent zone where the parking use is incidental to and intended to serve the use in such adjacent zone. (b) In a P-zoned area also classified in an "R" Zone, such signs are subject to the same restrictions, standards and procedures which are applicable to the underlying zone. 43. (c) Such signs must be so constructed that the base of the sign shall be entirely contained within the area of one automobile parking space. (d) Such signs may contain only identification, changeable and/or directional information but must pertain only to the business conducted or products produced, sold or served on the premises of the said adjacent or underlying zone. 17.54.170 Signs in Architectural Design Zones. (A) Applications for approval of all proposed signs to be located within a D-Zone shall be filed with the Planning Commission and review of such applications shall be in accordance with the pro- visions of this section. (B) In all Architectural Design Zones, applicants for approval of sign plans shall provide specific information in connection with proposed signs as to type, area, height, number, quality of materials, construction, illumination and location and, with respect to exist- ing signs on the premises of the applicant, he shall provide specific information as to their number and the type, area, height, number, quality of materials, construction, illumination and location thereof. Such information as to proposed and existing signs shall be provided in the form of text, renderings, diagrams, photographs, models, or other representations sufficient to show the nature and character of the proposed sign or signs, and the existing signs and the effect thereof on the premises, and the area in which such premises are located. (C) The applicant shall have the right to present his appli- cation in person before the Planning Commission and may present evidence supporting his application. (D) The reviewing body may: (1) Impose sign restrictions, i.e. as to type, area, height, number, quality of materials, illumination or location, which are in addition to, or more stringent or restrictive, than those provided for elsewhere in this chapter. 44. (2) Require landscaping where feasible. (3) Waive sign restrictions where such waiver would promote the purposes and desired objectives of this chapter. (4) Approve the application, approve the application with conditions, or disapprove the application. (E) In any determination made which results in the imposition of sign restrictions in addition to, or more stringent or restric- tive than those provided for elsewhere in this chapter, or in con- ditions being imposed, the following criteria shall be considered: (1) The purpose and objectives of this chapter as set forth in Section 17.54.010. (2) The purpose of the Architectural Design Zone as set forth in Chapter 17.44 of this Title. (3) Vehicular and pedestrian traffic and alignment of streets and street frontages. (4) Undergrounding, or proposed undergrounding of public utility facilities in the area. (5) Orientation of the applicant's premises to streets, alleys, walkways and easements and to the adjacent area or neighbor- hood. (6) The type of use for which the application is filed and the type, area, height, number, quality of materials, construc- tion, illumination and maintenance of signs and sign structures, existing on the premises and the size and number of buildings on, and size and topography of the parcel. (7) Environmental and other conditions of the area or neighborhood, including aesthetics. (8) The general welfare. (9) Relevant elements of the general plan or any appli- cable specific plan. (F) In case the applicant is not satisfied with the determina- tion of the Planning Commission, he may appeal to the City Council under Section 17.44.030 of this Title. 45. (G) Upon written appeal being filed, all papers, documents, diagrams, renderings, photographs, models, or other matters which were presented to the Planning Cormnission shall be forthwith trans- mitted to the City Clerk. The City Council may sustain, modify or reverse the decision of the Planning Commission after holding a public hearing on the appeal. The City Council shall consider all evidence which was before the Planning Commission and any further evidence and arguments offered upon the appeal. The City Council shall in its determination, consider the criteria specified in Subsection E in its review of the application upon appeal from the decision of the Planning Commission. 17.54.190 Comprehensive Sign Plan. (A) The Planning Commission shall have the authority under the conditions herein provided to permit the utilization of Com- prehensive Sign Plans for certain situations described. herein in lieu of the sign regulations set forth in this chapter. (B) Comprehensive Sign Plans may be approved by the Planning Commission in the following instances: (1) For all business premises which occupy the entire frontages on both sides of a commercially zoned street for one full block, whenever the application for the approval of such plan has been signed by a majority of the owners or operators of such businesses. (2) For shopping center developments, both new and existing, whenever the application for the approval of such plan has been signed by a majority of the owners, not including royalty interests, of the real property constituting the shopping center. (3) For redevelopment projects or selected described portions of such areas, whenever the application for the approval of such plan has been authorized by the Redevelopment Agency and a majority of the owners of land affected have consented. (C) Any Comprehensive Sign Plan submitted to the Planning Commission shall include the location, size, height, color, light- ing, number, visual effects and orientation of all proposed signs, 46. and shall have been previously submitted to the Planning Department for plan approval. (D) Exceptions to the sign regulations embodied in this chapter may be permitted, provided that such a Comprehensive Sign Plan is presented and approved by the Planning Commission, and further provided that the permitted signs for a Comprehensive Sign Plan as a whole are in conformity with the purpose of this chapter as expressed in Section 17.54.010 hereof and further provided such exceptions are for the general welfare and result in an improved relationship among the various signs and building facades covered by the Plan. (E) All Comprehensive Sign Plan requests shall be submitted to the Planning Commission in accordance with all the procedures embodied in Section 17.54.210 of this chapter. All affected property owners or operators of businesses shall be notified by mail of the time and place of the hearing before the Planning Commission, at least five (5) days before the hearing. 17.54.200 Nonconforming Signs. (A) The provisions of Sections 17.52.060 through 17.52.090, inclusive, of this title, shall not be applicable to this chapter. (B) Signs for a legal nonconforming use are permitted. Such signs shall be deemed to comply with the provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which permits the nonconforming use as a permitted use. Such use shall be permitted only so long as the nonconform- ing use is permitted. Any such sign legally existing on the effec- tive date of this chapter, but which does not comply with the regu- lations of this chapter shall be deemed to be a nonconforming sign. (C) For the purposes of this chapter, a "nonconforming sign" is one which does not conform with the provisions of this chapter, but which: (1) Was lawfully in existence and in use within the City prior to the effective date of this chapter; (2) Was lawfully in existence and in use on property out- side of the City on the date upon which the annexation of such pro- perty to the City was completed; 47. (3) Was lawfully in existence and in use within the City on the effective date of any zone change or specific plan or Com- prehensive Sign Plan for the property on which the sign is located; or (4) Was lawfully in existence and in use within the City on the effective date of any future amendment of this chapter, the zoning regulations contained in this title or other provision of the Municipal Code, which amendment makes such sign nonconforming. For the purposes of this section only, a sign exceeding the height or area restrictions contained in this chapter by five (5%) per cent shall be deemed to conform with the provisions of this chapter limiting height and area. (D) A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless and until the sign is made to conform with the provisions of this chapter. This shall not be construed to prevent ordinary maintenance and minor repairs or a change of the advertising copy upon. any sign. (E) A nonconforming sign destroyed or damaged to an extent exceeding 60% of its replacement cost immediately prior to destruc- tion or damage shall not be continued in use or maintained there- after and shall be removed or made to conform with the provisions of this chapter within thirty (30) days of the date of such destruc- tion or damage. (F) Each nonconforming sign shall be removed or made to con- form with the provisions of this chapter at the sole cost of the owner thereof, not later than the expiration of the period of time applicable to a particular sign or signs as set forth in subsection (G) below; such period commences to run upon the effective date of this chapter, upon the completion date of the annexation, or upon the effective date of amendment, or the date upon which the sign otherwise becomes nonconforming. (G) (1) The following signs made nonconforming by the pro- visions of this chapter, shall be removed or made to conform with the provisions of this chapter within one (1) year: (a) Temporary signs when not being used as permitted in this chapter. 48. (b) "A" Frames. (c) Portable signs. (d) Vehicle signs. (e) Window signs exceeding the specified limitations. (f) Advertising Statuary, larger than life-size. (g) Signs which do not identify or advertise the occupant of a building, lot or premises or the merchandise or activity available or being conducted where the sign is located, except per- mitted outdoor advertising signs and subdivision directional signs. (2) The following signs made nonconforming by the provi- sions of this chapter shall be removed or made to conform with the provisions of this chapter within five (5) years. (a) Flashing signs in districts more restrictive than the C-1 district. (b) Flashing signs in the C-l, C-2, M-1 and M-2 dis- tricts which exceed the permissible current and wattage specified in Section 17.54.040C(3). (c) Moving and rotating signs except as otherwise provided in Section 17.54.040(C) of this chapter. (d) Outlining of a building except as otherwise pro- vided in Section 17.54.040(B) of this chapter. (e) Signs not illuminated in accordance with this chapter. chapter. (f) Signs in excess of the number specified by this (3) All other signs made nonconforming by the provisions of this chapter, shall be removed or made to conformwith the pro- visions of this chapter within ten (10) years. (H) Nothing in this chapter shall be construed as authority for the City to remove without just compensation those signs which, under the Federal Highway Beautification Act, are subject to removal with compensation to the owner, 75% of such cost payable by the Federal Government. In connection with such signs, this chapter shall be construed and administered in conformity with said Beau- tification Act and the California Outdoor Advertising Act. 49. (I) An owner or lessee of property upon which there is a non- conforming sign may file for a nonconforming sign permit requesting the Planning Commission to establish an amortization period in excess of the periods established for the particular sign in question. Such filing shall be on an application form prescribed by the Planning Commission. The procedure for application, hearing and appeal shall be the same as the procedure provided for in Section 17.54.210 for Special Permits. The Planning Commission shall base its decision on the following factors: (1) The original cost of the sign structure. (2) The date of construction and installation. (3) The date of amortization for tax purposes. (4) Whether the sign and/or sign structure could have use to the owner or lessee of the sign in some other permitted location without violation of any provision of this chapter. (5) The remaining economic value. (6) Cost of removal. (7) The degree of deviation from the standards set forth in this chapter. 17.54.210 Special Permits. (A) Signs not meeting the requirements of this chapter may be permitted by the Planning Commission pursuant to a special permit. The Commission shall consider all the factors relating to the proposed sign and whether such sign will adversely affect the public health, safety and welfare and whether the application complies with the matters stated in Section 17.54.010 relating to the objectives, basis and purposes of this chapter. (B) Application for Special Permits. Application for a special permit for a sign shall be made on forms prescribed by the Planning Commission and shall be accompanied by statements, 50. plans and other related material as may be deemed necessary to carry out objectives and purposes of this Chapter. (C) Hearing on Special Permit. A special permit application shall be considered at a regular meeting, adjourned meeting or special meeting by the Planning C~mmission not less than five (5) days after such application is filed. The applicant shall be notified of the time and place of such consideration not less than five (5) days prior to the meeting. The Planning Con~nission may impose conditions to the granting of any special permit when in its judgment such conditions are necessary or desirable to accom- plish the objectives and purposes of this Chapter. ~is section shall not apply to permits approved by the Planning Director pur- suant to this Chapter. (D) Appeal from decision of Planning Commission. (1) If the applicant is dissatisfied with the action of the Planning Commission on the application for special permit, he may appeal therefrom to the City Council within ten (10) days after rendition of the decision of (2) The appeal shall be appeal with the Planning Director. the Planning Commission. taken by filing a notice of Upon the filing of a notice of appeal the Planning Director shall, within ten (10) days there- from, transmit to the City Clerk all exhibits and other papers and documents on file with the Planning Commission, together with any findings of the Commission and place the matter on the City Council agenda of a meeting held within thirty (30) days from the date of the Planning Commission decision. (3) The City Council shall consider all exhibits, and other papers and documents required to be transmitted to it under subsection (2) above, and any relevant presentation of the appli- cant and Planning staff. (4) The City Council may affirm, modify, or reverse the action of the Planning Commission or remand it back to the Planning Commission with directions. 51. 17.54.215 Authority to Enforce A. With respect to new signs to be erected or installed, or to the moving of existing signs, or additions or alterations to the same, it shall be the duty of the Building Director to enforce this Chapter by civil or criminal action and by withholding permits, where field inspection reveals that such installations, additions, alterations or moving has resulted or will result, in violations of this Chapter, and the Building Director shall issue no permit contrary to conditions duly imposed by any authority pursuant to this Chapter. B. With respect to signs existing on the effective date of this Chapter in violation of this Chapter, and with respect to signs installed, added to, altered or moved in the future or subsequent to issuance of permits, it shall be the duty of the Building Director to enforce this Chapter. C. The Building Director shall have the right to enter upon any premises upon which any sign has been erected to see that the provisions of this Chapter are complied with, and to cause the removal of any sign maintained in violation of this Chapter. 17.54.220 Violation a Public Nuisance. (A) Any signs mentioned in Section 17.54.045(B) through (H) which are not removed within the required period shall constitute a public nuisance and shall be subject to summary abatement at the expense of the owner thereof and the person in lawful possession thereof, pursuant to the provisions of Section 38773 of the Govern- ment Code; the expenses of abatement of such nuisances are hereby made a lien against the property on which they are maintained and a personal obligation against the property owner. Said property owner or person in lawful possession shall first be served with a five-(5) day notice to abate the nuisance by removing the sign, and shall be given the opportunity to explain to the Building Director why such sign has not been removed. If, after such opportunity to 52. explain, agents of the City shall have authority to enter upon property to remove the sign constituting the nuisance. visions of this subsection may be utilized separately the Building Director orders the removal of tlhe sign, the the private The pro- from, as an alternative to, or in conjunction with, any other remedy provided herein or otherwise provided by law. (B) In the event any person shall erect, install, alter, relocate or maintain any sign after the effective date of this chapter, which sign is in violation of any provision of this chapter, and the same is not removed after notice as specified in this section, the same is hereby declared a public nuisance and shall be subject to abatement at the expense of the person creating, causing, commit- ting or maintaining it, pursuant to the provisions of Section 38773 of the Government Code. The property owner or person in lawful possession shall first be served with a five (5)-day notice to abate the nuisance by removing the sign, and shall be given an opportunity to explain wherein the sign is not in violation of any provision of this chapter. If, after such opportunity to explain, the Building Director orders the removal of the sign or orders such sign to be made to conform to the provisions of this chapter, the City shall have the authority, upon failure to remove or conform, to enter upon the private property to remove the sign constituting the nui- sance. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided herein or otherwise provided by law. 17.54.230 Penalty. Any person, firm or corporation, as princi- pal, agent, clerk or employee, whether acting for himself or for another person, firm or corporation, who or which shall violate any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment in the County Jail not exceeding six (6) months, or by both such fine and imprisonment. 53. 17.54.240 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter, and each section, subsection, sen- tence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. SECTION 3. This ordinance shall take effect and be in force on thirtieth day from and after its passage. the .......... 000 .......... 54. I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 14th day of June, 1976, by the following vote: cidCLERK a~iO Cler.k of the CoCci ol tf he ~ity of Bakersfzeld APPROVED this 14th. day of June, 1976 ~y~o~"~ o f Bakersfield APPROVED as to foz~n: TTORNEY of t~ City of Bakersfiel~ Affh av of ostmg ( r maa es STATE OF CAL/FORNIA, ~ County of Kern ~ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that o~ ............................................J_~...n...e._....1....6...z. ......................................................., 19....~...6... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .....................~.~..n...e...._~..~..! ................................., 19..~.6.._., which ordinance was numbered ....... ~.2.8~ ...................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING ORDINANCE NO. 2232 AND APPROVING A FORMAL AGREEMENT RELATING TO A PUBLIC LEASEBACK, AND THE EXECUTION THEREOF, BY AND BETWEEN THE CITY OF BAKERSFIELD AND THE SOUTHEAST BAKERSFIELD WASTEWATER TREATMENT FACILITIES CONSOLIDA- TION CORPORATION. Subscribed and sworn to before me this ~8.~.. day of ~ ................................19..~.6_ derson