(A) Purpose. The purposes of this article are to:
(1) Serve the public interests in aesthetics and safety;
(2) Ensure through the regulation of signage that the integrity and nature of residential, agricultural, resource protection, public, commercial and industrial areas are protected from the indiscriminate and inappropriate proliferation of signs;
(3) Ensure adequate opportunity for persons to exercise their right of free speech by display of signs;
(4) Provide sufficient opportunities for identification of businesses, establishments, and residences;
(5) Provide for signage which is informative in nature;
(6) Protect and preserve the character of residential areas by prohibiting commercial signage in such areas, except as required by state law or applicable judicial decisions; and
(7) Establish procedures to allow the continued use, maintenance and repair of nonconforming historic signs that preserve locally recognized values of community appearance or that reflect unique characteristics of development.
(B) Definitions. The following terms are used in this section. These terms are defined in the Glossary in Chapter 25.09 of this Title.
(1) Banner.
(2) Beacon.
(3) Billboard.
(4) Building Marker.
(5) Change of Copy.
(6) Commercial Mascot.
(7) Commercial Message.
(8) Construction Sign.
(9) Director.
(10) Election Period.
(11) Establishment.
(12) Flag Sign.
(13) Freestanding Sign.
(14) General Advertising.
(15) Marquee Sign.
(16) Non-Commercial Sign.
(17) Off-Site Sign.
(18) On-Site Sign.
(19) Pennant.
(20) Permit.
(21) Person.
(22) Portable Sign.
(23) Principal Building.
(24) Real Estate Sign.
(25) Setback.
(26) Sign.
(27) Soffit.
(28) Street Frontage.
(29) Structure Mounted Sign.
(30) Temporary Sign.
(C) General regulations. This section applies to all signs and procedures within the regulatory scope of this article and to all provisions of this article and overrides more specific provisions to the contrary.
(1) Compliance and permits. All signs within the regulatory scope of this article shall conform to the provisions of this article. No person shall erect, place, display or maintain any sign in violation of this article. A permit shall be required for any sign identified as requiring an administrative or use permit, unless the sign is expressly exempted from the permit required by a provision within this article.
(2) Message neutrality. It is the County’s policy and intent to regulate signs in a manner which is consistent with the speech freedoms of both the United States and California Constitutions. Notwithstanding the remaining sections in this chapter, this chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert, 573 U.S. 957 (2014). The RMA Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this chapter shall occur without the RMA Director’s review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws. The sign ordinance may be further changed as a result of the Reed v. Town of Gilbert case at a future date. All new signs shall be placed at owner’s risk of future sign ordinance changes. This following notice shall be placed on all sign permits issued by the County:
“The county’s sign ordinance is under review. Should the sign ordinance be changed in the future to not permit the sign issued under this permit, it may be required to be removed without an amortization period. All new signs shall be placed at owner’s risk of future ordinance changes.”
(3) Message substitution.
(a) A non-commercial message may be substituted, in whole or in part, for any allowed commercial message or any non-commercial message, provided that the sign itself is legal without consideration of message content.
(b) Any unused allowance for signage may be used for temporary display of any non-commercial message. When the new sign qualifies as a structure requiring a building permit pursuant to Title 21 of the County Code, a building permit must be obtained prior to construction or placement of the sign.
(c) Substitution of any message may be made without any additional approval or permitting. The substitution right is on-going and continuous and may be utilized an unlimited number of times.
(d) This section does not:
1. Create a right to exceed the total amount of permanent signage on a site or parcel;
2. Create a right to substitute an off-site commercial message in place of an on-site commercial message, or in place of a non-commercial message;
3. Affect the requirement that sign structure or mounting device be properly permitted; or
4. Authorize changing the physical method of message display without any required permit.
(4) Change of copy. For permanent signs that are attached to or mounted on real property, a new permit is not required for a change of copy. However, if a change of copy also includes a physical change to the structure or mounting device, then the change is subject to any applicable permit requirement as if it were a new sign. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter or other law), or the ownership of sign structures.
(5) Billboards. The construction, erection or use of any and all billboards as defined herein, other than those which legally exist in the county, or for which a valid permit has been issued and has not expired, as of the date on which this provision, or when a prior version of this article containing a provision to the same effect, was adopted, is prohibited. The “change of copy” provision applies to properly permitted, legally existing billboards. To the extent consistent with state law, existing legal billboards may not be converted to a more visually intense method of image presentation, such as converting a flat static display to a moving animated or change image display. This prohibition does not prohibit or limit agreements to relocate presently existing legal billboards, as encouraged by state law including, but not limited to, Cal. Business and Professions Code § 5412.
(6) Property owner’s consent. No sign may be displayed on private tangible property or other regulated land without the property owner’s consent.
(7) On-site/off-site distinction. The on-site/off-site distinction applies only to commercial messages and signs displaying commercial messages.
(8) Mixed uses. For purposes of this article, wherever a parcel may be legally used for both residential and non-residential uses, all legal residential uses shall be treated as if they were located within a residential district, which would allow a residential unit of the same type (i.e., single family residence and/or multi-family residence), and all legal non-residential uses shall be treated is if they were located in a non-residential district allowing non-residential uses of the same type.
(9) Temporary signs. Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:
(a) Term. A temporary sign permit shall allow the use of a temporary sign for a specified 100-day period.
(b) Application. Applicant shall obtain a temporary sign permit prior to placement of signs.
(c) Submittal. Application shall include location of sign(s), image or sketch of sign, time period for which the sign shall be in place and the signature of the applicant and owner(s) on the property or properties in which the sign(s) shall be placed.
(d) Deposit. A security deposit for each sign shall be made available at the time of application for the temporary sign permit. The security deposit will be returned if evidence that the sign(s) have been removed the day after the 30-day time period. Should the sign(s) not be removed within the required time period, the deposit will cover costs for county staff to remove the sign(s).
(e) Size. Temporary signs shall not exceed 32 square feet in size.
(10) All signs, banners, beacons, billboards, markers, and pennants shall comply with all applicable federal, state and local laws. No advertising displays, including but not limited to signs and billboards, may be placed or maintained in violation of state or federal law, including but not limited to the State of California’s Outdoor Advertising Act. If any provision of the San Benito County Code conflicts with the State of California’s Outdoor Advertising Act, state law shall prevail, except to the extent that this § 25.07.016 of Chapter 25.07 lawfully sets forth a restriction or requirement equal to or greater than that imposed by state law as allowed by Cal. Business and Professions Code §§ 5230 through 5231.
(D) Regulations applicable to all signs.
(1) Permit required. Permits are required as described in this article. A building permit is required for any sign that meets the definition of a structure requiring a building permit pursuant to Title 21 of the County Code.
(2) Glare. When allowed, lighting of signs attached to structures shall be arranged so as not to produce a glare on other properties in the vicinity, and the source of light shall not be visible from adjacent properties or a public street.
(3) General development plan. In addition to the regulation in this article, signs in commercial and industrial zoning districts are also subject to the general development plan provisions of the zoning district. A general development plan may establish a sign program that modifies size and location regulations, found in this article, for the applicable property; however, aggregate size limitations for the property shall not be modified by a general development plan. If a general development plan is not required, signs shall conform to this article.
(4) Height. Signs may be attached to a structure providing the sign does not project above the peak of the roof of the structure or above the parapet of the wall and are in conformance with all other applicable provisions of this article.
(5) Mounting. Signs may be mounted below the soffit of a canopy, overhanging, or porch and may be perpendicular to the structure providing that they do not exceed 12 inches below the soffit or beam and maintain a minimum of eight feet vertical clearance along corridors or exit courts below.
(6) Setback. Signs shall meet the rear and side yard setback requirements of the applicable zoning district. Front yard setback shall meet the following requirements:
(a) Driveway and corner visibility. All signs shall be maintained in accordance with the provisions of this division. Signs shall not be located such that:
1. They interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic;
2. They conflict with overhead utility lines, overhead lights, or walkway lights; or
3. They block pedestrian or bicycle ways.
(b) Visibility at street corners and driveways connecting with a public street shall be maintained as an area of unrestricted visibility as follows:
1. For street corners. That area between three feet and ten feet above the driveway grade which lies 25 feet from the intersection of the street rights-of-way measured along both the right-of-way lines;
2. For driveways. That area between three feet and ten feet above the driveway grade which lies 15 feet from the intersection of the edge of the driveway and the property line measured along both the driveway and the property line;
3. Exceptions. The Director of Planning and Building may allow exceptions to the unrestricted visibility for street corners and driveways, following a determination by the Public Works Administrator that such exceptions will not adversely affect sign distance or pose a hazard to motorist and pedestrians.
(E) Rules for computation of sign area.
(1) The area of a sign is computed by multiplying the height by the length of the sign, not including framework of the sign. The base or supporting structure of a sign shall not be considered part of the sign unless it is part of the message presentation.
(2) The area of a two-sided back-to-back sign shall be computed by determining the area of only one side.
(3) The area of a two-sided or multi-faced sign, where the signs are not flat back-to-back, shall be computed by multiplying the height by the length of each sign face.
(4) The area of signs which are composed of letters individually mounted or painted on a structure, without a border or frame enclosure, shall be computed from the smallest single parallelogram in which all the letters or words can be enclosed.
(5) Time and temperature displays are considered part of the allowable sign display area and are subject to the same size and height rules as other aspects of a sign.
(6) For establishments providing services to customers while in their vehicles, signs related to such services are allowed, but are counted in the aggregate allowed signage for the use. Drive-through establishment menu boards shall not be included in this calculation.
(F) Residential zoning sign regulations.
(1) Applicability. These regulations apply for commercial and non-commercial signs in the following zoning districts:
(a) Single-Family Residential (R-1).
(b) Multi-Family Residential (RM).
(c) Planned-Unit Development (PUD).
(2) Scope. In the zones subject to this section, the following sign types are allowed without permits, unless otherwise stated.
(a) Nameplates and street address signs. These signs, when attached to or freestanding adjacent to the residential unit shall not exceed four square feet. If such sign is freestanding, then the height limit is six feet. If the sign is attached to a building, then the sign may not project above the roof line or parapet or a wall. One such sign is allowed per street frontage.
(b) Real estate signs.
1. On site.
a. The sign area will not exceed seven square feet.
b. The height may not exceed six feet if freestanding. If attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
c. The signs shall not be located within any road right-of-way.
d. The signs shall not utilize banners, balloons, lights, or other similar attention getting devices.
2. Projects under construction.
a. Construction signs may be displayed during the time period which begins with the issuance of the first necessary permit to start construction. The sign may remain no later than:
i. The time of occupancy for the project;
ii. At the time, a notice of completion or notice of acceptance is issued; or
iii. In the case of new housing development when the sale closes on the last available unit.
b. Construction signs are subject to the following standards:
i. There shall be no more than two temporary construction signs per lot.
ii. The signs shall not exceed 24 square feet in area.
iii. The signs shall not be illuminated.
iv. The height shall not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
v. The signs shall be stationary.
vi. The signs shall not be located within or project over into any public right-of-way.
3. Clustered residential signs. Apartment complexes, mobile home parks, residential condominium project and other clustered or multi-unit residential developments are permitted signs, subject to:
a. There shall be no more than one sign per street frontage or two signs if the project has only one street frontage.
b. The signs shall not exceed 35 square feet per street frontage, except stated in division (F)(2)(b)4.c. below.
c. The height shall not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
d. The signs shall be stationary.
e. The signs shall not be located within or project over or into any public right-of-way.
f. If the street frontage exceeds 300 feet on any street, one sign per 150 feet of frontage shall be allowed; these signs are limited to 64 square feet per frontage with no single sign exceeding 35 square feet.
4. Appurtenant signs for non-residential uses in residential zones. Except as regulated elsewhere in Title 25, signs that are appurtenant to any allowed, non-residential use in any residential zone, not including construction signs and signs on clustered residential projects, may be displayed, subject to:
a. Maximum number and area. One sign up to 24 square feet is allowed. An additional two signs (single or double-faced), with a maximum display area of up to 75 square feet in the aggregate may be allowed subject to a sign permit in each case.
b. Maximum height. The height may not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
c. The following signs are subject to a use permit:
i. Real estate/sale advertisement. Signs over 100 square feet for advertising the sale of parcels in a subdivision. Limit of two signs in each case.
ii. Signs for non-residential uses in residential zones. Signs over 75 square feet, and appurtenant to any allowed use, provided that the area permitted may be divided into not more than three single-faced or double-faced signs.
(G) Agricultural and rural zoning district sign regulations.
(1) Applicability. These regulations apply for all signs in the following zoning districts:
(a) Agricultural Rangeland (AR).
(b) Agricultural Productive (AP).
(c) Rural (R).
(d) Rural Transitional (RT).
(e) Rural Residential (RR).
(2) Scope. In the zones subject to this section, the following sign types are allowed without permits, unless otherwise stated.
(3) Nameplates and street address signs. These signs, when attached to or freestanding adjacent to the residential unit shall not exceed four square feet. If such sign is freestanding, then the height limit is six feet. If the sign is attached to a building, then the sign may not project above the roof line or parapet or a wall. One such sign is allowed per street frontage.
(4) Real estate signs.
(a) On site:
1. The sign area will not exceed seven square feet.
2. The height may not exceed six feet if freestanding. If attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
3. The signs shall not be located within any road right-of-way.
4. The signs shall not utilize banners, balloons, lights, or other similar attention getting devices.
(5) Projects under construction.
(a) Construction signs may be displayed during the time period which begins with the issuance of the first necessary permit to start construction. The sign may remain no later than:
1. The time of occupancy for the project;
2. At the time, a notice of completion or notice of acceptance is issued; or
3. In the case of new housing development when the sale closes on the last available unit.
(b) Construction signs are subject to the following standards:
1. There shall be no more than two temporary construction signs per lot.
2. The signs shall not exceed 24 square feet in area.
3. The signs shall not be illuminated.
4. The height shall not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
5. The signs shall be stationary.
6. The signs shall not be located within or project over into any public right-of-way.
(6) Clustered residential signs. Apartment complexes, mobile home parks, residential condominium project and other clustered or multi-unit residential developments are permitted signs, subject to:
(a) There shall be no more than one sign per street frontage or two signs if the project has only one street frontage.
(b) The signs shall not exceed 35 square feet per street frontage, except stated in divisions (G)(7) and (G)(8), below.
(c) The height shall not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
(d) The signs shall be stationary.
(e) The signs shall not be located within or project over or into any public right-of-way.
(f) If the street frontage exceeds 300 feet on any street, one sign per 150 feet of frontage shall be allowed; these signs are limited to 64 square feet per frontage with no single sign exceeding 35 square feet.
(g) For non-residential uses, signs not over 20 square feet and appurtenant to any permitted use except for those signs provided in divisions (G)(3) Nameplates and street address signs, and (G)(4) Real estate signs, above.
(7) The following signs are subject to a sign permit:
(a) Real estate/sale advertisement. Signs over 100 square feet for advertising the sale of or identification of products grown or legally produced on the property. Limit of two signs in each case.
(b) Except as provided in divisions (G)(5) Projects under construction, and (G)(6) Clustered residential signs, above, signs between 20 and 75 square feet appurtenant to any allowed use; provided, that the use is permitted may be divided into not more than three single-faced or double-faced signs.
(8) A use permit is required for signs between 75 and 300 square feet, appurtenant to any allowed use, provided that the area permitted may be divided into not more than three single-faced or double-faced signs.
(H) Commercial and industrial zoning district sign regulations.
(1) Applicability. These regulations apply to commercial and non-commercial signs in the following zoning districts:
(a) Commercial Thoroughfare (C-1).
(b) Neighborhood Commercial (C-2).
(c) Business Park (BP).
(d) Light Industrial (M-1).
(e) Heavy Industrial (M-2).
(2) Scope. In the zones subject to this section, the following sign types are allowed without permits, unless otherwise stated.
(3) Nameplates and street address signs. These signs, when attached to or freestanding adjacent to the residential unit shall not exceed four square feet. If such sign is freestanding, then the height limit is six feet. If the sign is attached to a building, then the sign may not project above the roof line or parapet or a wall. One such sign is allowed per street frontage.
(4) Real estate signs.
(a) On site:
1. The sign area will not exceed seven square feet.
2. The height may not exceed six feet if freestanding. If attached to a structure, the sign
may not be higher than the roof line or parapet of the wall.
3. The signs shall not be located within any road right-of-way.
4. The signs shall not utilize banners, balloons, lights, or other similar attention getting devices.
(5) Projects under construction.
(a) Construction signs may be displayed during the time period which begins with the issuance of the first necessary permit to start construction. The sign may remain no later than:
1. The time of occupancy for the project;
2. At the time, a notice of completion or notice of acceptance is issued; or
3. In the case of new housing development, when the sale closes on the last available unit.
(b) Construction signs are subject to the following standards:
1. There shall be no more than two temporary construction signs per lot.
2. The signs shall not exceed 24 square feet in area.
3. The signs shall not be illuminated.
4. The height shall not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line or parapet of the wall.
5. The signs shall be stationary.
6. The signs shall not be located within or project over into any public right-of-way.
(6) Sign area. Signs shall be permitted to have an area not to exceed one square foot for each one foot of structure frontage; provided, that any business establishment shall be allowed a sign of a minimum 50 square feet and no more than 300 square feet; and further provided, that the area permitted may be divided into not more than six single-faced or double-faced signs; said formula shall apply to each street frontage.
(a) A sign permit is required for real estate signs between seven and 32 square feet. The height may not exceed six feet if freestanding, or if attached to a structure, the sign may not be higher than the roof line of or parapet of the wall.
(b) The following signs are subject to a use permit:
(7) Real estate/sale advertisement. Signs over 100 square feet for the advertising the sale of parcels in a subdivision. Limit of two signs in each case.
(I) Signs within a designated scenic highway. For sign regulations near designated scenic highways, see § 25.08.027 of this title.
(J) Exempt signs. The following signs are exempt from permit requirements, subject to the rules stated in this section:
(1) Traffic control and safety signs, including those on roads and highways, waterways, airports, and at railroad crossings.
(2) Signs required or authorized by federal, state or county law or authority, including but not limited to all legally required public notices, court orders, and announcements authorized by courts and public officials.
(3) Images that are painted on or attached to the surface of an automobile, truck, airplane or boat, in motion, idle or parked temporarily in a designated parking space; and that do not constitute general advertising or advertising for hire.
(4) Signs that provide functional information and warning about utilities and safety matters, including but not limited to telephone access, entrance and exit, danger-high voltage, dump stations, restroom identification, brake and smog certification, smoking and dress code rules, traffic and parking directions, gasoline grades, and the like, provided that such signs do not exceed four square feet in display surface area each.
(5) Signs prohibiting trespassing and hunting, provided that they do not exceed two square feet in area each.
(6) Advertising signs on buses and taxis in motion, idle or parked temporarily in a designated parking space.
(7) Directional, warning or identification signs not exceeding two square feet in area for petroleum drilling and extraction activities.
(K) Prohibited signs. The following signs are prohibited in all zoning districts:
(1) Any sign or device which is an imitation of or resembles an official traffic control device or which attempts to direct the movement contrary to the rules set by traffic officials, or which hides from view any official traffic control device.
(2) Advertising signs that include the words “Stop,” “Look,” “Listen,” or any other word, phrase, symbol, lights, motion, sound, fumes, mist, or other effluent that may interfere with, mislead, or confuse the driving public.
(3) Permanent structure signs which rotate, move, present moving images or the illusion thereof or flashes, scintillates, or utilizes animated illumination.
(4) Devices which are inflatable or activated by wind, air, forced gas, whether free floating or tethered to the ground, and which are used for commercial advertising messages. This rule does not apply to inflatable gymnasiums used for parties, or to displays used in parties.
(5) Moving or rotating signs, pennants, or banners.
(6) Signs extending above roofs, and roof signs, except where specifically provided for under the provisions of this article for signs attached to structures.
(7) Any other advertising device attached to a structure, fence, pole, or vehicle on display not specifically authorized by this article.
(L) Special sign regulations.
(1) Electronic time and temperature signs as part of an allowed on-site sign are allowed as regulated by this article as to height and size.
(2) Exit, entrance, or other on-site traffic directional signs are allowed, provided that the signs do not exceed six feet in height and contain no advertising or message other than for traffic directions. Signs may be attached to a structure providing the sign does not project above the roof of the structure.
(3) Special signing required for drive-in windows for drive-in restaurants, banks or similar businesses are permitted, provided the sign copy is necessary for information, instruction, or directions and is specifically related to the special use.
(M) Non-conforming signs. Existing signs that are rendered non-conforming by this article shall be subject as follows:
(1) The enlargement, extension, reconstruction or structural alteration of a non-conforming sign may be allowed if the enlargement, extension, reconstruction or structural alteration conforms to all regulations of the district in which it is located.
(2) Ordinary maintenance and repairs, including structural repairs and foundations, may be made to any sign which is non-conforming as to height or setbacks or to a sign used for a legal non-conforming use, provided:
(a) No structural alterations are made; and
(b) Such work does not exceed 50% of the estimated replacement cost of the structure in a one-year period. Additional maintenance and repair in a one-year period is allowable subject to the issuance of a use permit in each case.
(3) No legal non-conforming sign shall be moved in whole or in part to any other location unless every portion of such sign which is moved is made to conform to all the regulations of the district in which it is located.
(4) Notwithstanding the above, no sign shall be removed by the County of San Benito, or is otherwise required to be removed by virtue of this chapter, until and upon such time as the County fully complies with Cal. Business and Professions Code §§ 5412 et seq. Until such time, signs subject to Cal. Business and Professions Code § 5412 shall have the temporary status of a “legal non-conforming sign.”
(N) Sign procedures.
(1) Scope. This section applies to all signs that maybe erected, maintained or displayed.
(2) Purpose of permitting. All permitting and approval processes required by this article are intended to ensure compliance with this article and various safety codes, as well as to prevent the loss of time, effort, materials and investment which might otherwise be invested in an illegal sign.
(3) Application for a sign permit. Any person seeking a permit or design approval for a sign shall submit to the Planning and Building Department a written application for such permit for a sign permit or a use permit, respectively. The application shall be processed according to the applicable provisions of the County Code.
(4) Multiple sign applications. When an application proposes two or more signs on one parcel, the application may be granted or denied either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the County’s decision shall specify the grounds for each such denial.
(5) Sign which is part of a large project. When approval is sought for a development that includes one or more signs, the sign aspects of the proposed development must satisfy the applicable provisions of this article.
(6) Appropriate authority. The Director of Planning and Building is authorized and assigned the responsibility for administering all provisions of this article.
(7) Right to permit or to display. When any sign permit application complies fully with all applicable provisions of this article, and all other applicable laws, rules and regulation, the permit shall be approved and issued, unless a change of relevant law or policy is pending. In the case of signs that are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this article, subject to the applicable regulations.
(8) Discretionary approvals.
(a) When a sign is subject to a discretionary permit, discretion may not be exercised as to the message content or graphic design of the message.
(b) Factors to be considered in sign decisions shall include location of buildings, topography, vegetation, sign structures, speed of travel on adjacent roadways, sight visibility, visibility to access ramps, scale and mass of the sign, and the effective utility of the sign. In applying these factors, the County shall not act as an art jury as to the graphic design on the display face of the sign.
(9) Safety codes. When a sign qualifies as a structure requiring a building permit pursuant to Title 21 of the County Code, a building permit shall also be required.
(10) Application costs. The following costs shall be applied to signs requiring a permit:
(a) Temporary signs. These signs shall be subject to an application and deposit fee. The deposit amount can be collected once evidence of the temporary sign(s) have been removed by the date indicated on the application. If the sign(s) have not been removed by the date indicated on the application, then the deposit covers the cost of removal of the sign by county staff.
(b) Sign permits. A deposit shall be provided upon submittal of the application. Any reimbursement of the deposit shall be made at issuance of the notice of decision. Planning staff’s hourly rate is provided in Ordinance 833, adopted on January 6, 2009 by the San Benito County Board of Supervisors.
(c) Use permits. A sign requiring a use permit application shall be subject to the fee indicated in Ordinance 833, adopted on January 6, 2009 by the San Benito County Board of Supervisors.
(O) Appeals and administration.
(1) Appeal. Sign permits or use permit decisions rendered under this article may be appealed pursuant to § 25.01.008 of this code.
(2) Administrative interpretations.
(a) All interpretations of this article are to be exercised in light of the County’s message neutrality and message substitution regulations stated in this section.
(b) Where a particular type of sign is proposed in a permit application, and the type of sign is neither expressly allowed nor prohibited by this article, or whenever a sign is not a structure as defined, pursuant to Title 21 of the County Code, the Director of Planning and Building shall approve, conditionally approve or disapprove the application based on the most similar type, using physical and structural similarity, that is expressly regulated by this article, in light of the purposes of this article.
(c) Status quo. During the pending period of any review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical conditions, constitutes a significant immediate threat to public safety.
(d) Judicial review. Following a final decision by the County, including all appeals, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to Cal. Code of Civil Procedure § 1094.5, in conjunction with § 1094.6 or § 1094.8 as applicable.
(e) Non-communicative aspects of signs. All rules and regulations concerning the non-communicative aspects of signs, including, but not limited to, location, size, allowable enforceable independently of any permit or approval process.
(f) Signage rights and duties. The legal rights and duties relating to permanent signs are attached to and travel with the land and are not personal in nature. This provision does not affect a sign owner’s right to remove a sign from one location and apply for a permit to mount it in another location subject to the rules applicable in the new location.
(P) Enforcement. The provisions of this article shall be enforced, pursuant to Chapter 1.03 of the County Code or other applicable provisions of state law.
(Q) Severability. If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article.
(Ord. 1043 § 3 (part), 2022)