(A) Message neutrality.
(1) It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over non- commercial speech, and is content neutral as to non-commercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
(2) Where necessary, the Director will interpret the meaning and applicability of this section in light of this message neutrality policy. Under no circumstances will this message neutrality policy be interpreted to allow off-premises signs. See division (J) below.
(B) Message substitution.
(1) Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.
(2) Message substitutions require a zoning clearance.
(3) This message substitution provision does not:
(a) Create a right to increase the total amount of signage beyond that otherwise allowed or existing;
(b) Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
(c) Allow a change in the physical structure of a sign or its mounting device;
(d) Allow the establishment of a prohibited sign as identified in § 155.340.040 (Prohibited Signs); or
(e) Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
(C) Maximum number of sign types. No more than three different types of signs are allowed.
(D) Changes to sign face. Changes to a sign face that do not structurally alter or enlarge a legally-established sign do not require an administrative sign permit but do require a zoning clearance.
(E) Maintenance.
(1) All signs and supporting hardware, including temporary signs, must be maintained in a state of good repair at all times.
(2) Any repair to a sign must be of equal or better quality of materials and design as the original sign.
(a) Signs with rust covering 25% or more of a pole or other support structures;
(b) Signs with peeling paint visible on 25% or more of the sign or support structure;
(c) Signs and support structures with visible physical damage that significantly alters the sign’s appearance;
(d) Signs with malfunctioning or damaged lighting;
(e) Illegible sign copy resulting from damage to the sign;
(f) Signs and supporting elements that no longer contain a sign face or copy. Includes box signs without a slide-in sign copy panel, projecting sign brackets without an attached sign face and stand-alone poles without an attached sign face; and
(g) Other similar conditions as determined by the Director.
(F) Building surface repair. When an existing sign is replaced, removed or modified, any newly exposed portions of a building surface on which the sign is or was displayed must be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
(G) Materials. Except for interior window signs, all permanent signs must be constructed of wood, metal, plastic, glass or similar durable and weatherproof material.
(H) Illumination.
(1) Signs in non-residential zoning districts may be internally or externally illuminated, except where specifically prohibited.
(2) Signs in residential zoning districts may only be externally illuminated.
(3) Light sources must be steady, stationary and static in color, except for neon signs and chase lighting when allowed with a creative sign permit.
(4) Lighting may not produce glare that creates a public nuisance or hazard for motorists or pedestrian.
(5) The light source for externally illuminated signs must be positioned so that light does not shine directly on adjoining properties.
(6) Exposed bulbs, with or without chase lighting, are permitted with a creative sign permit.
(7) Design features consisting of neon or other small diameter tubing illuminated by fluorescing gas is allowed as part of any type of sign.
(I) Vertical and horizontal clearance.
(1) Signs that project over any public walkway or walk area must have an overhead clearance of at least eight feet and require an encroachment permit. See Figure 340-17.
(2) Signs must maintain a minimum two-foot horizontal clearance from a driveway or street curb. See Figure 340-15.
(J) Detached sign ground support and placement.
(1) Ground support. Detached signs must be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(2) Placement. A detached sign may not occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, traffic portion of the right-of-way, vision clearance areas (if greater than 36 inches tall), or other areas required to remain unobstructed.
(K) Off-premises signs.
(1) New off-premises signs. New off-premises signs established on or after June 20, 2019, are prohibited.
(2) Existing off-premises signs. Legally-established off-premises signs established prior to June 20, 2019, may remain and must comply with all applicable regulations in this section.
(M) Violations and enforcement. See § 155.428.090 (Signs) for the procedure to remove hazardous and illegal signs.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)