HomeMy WebLinkAboutCC ORD 2016-2411 Amend Chapter 18.47 Signs and Outdoor Advertising DisplaysORDINANCE NO. 2016 — 2411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING CHAPTER 18.47 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, pursuant to legal notice, hearings were held by the Planning
Commission and the City Council of National City, and all persons interested were given the
opportunity to appear and be heard before said Planning Commission and City Council; and
WHEREAS, the Planning Commission has regularly and duly certified its report
to the City Council of National City and has recommended such amendment.
NOW, THEREFORE, the City Council does ordain as follows;
Section 1. All protests, if any, against said amendment to the Municipal Code and
each of them be and hereby are denied and overruled.
Section 2. That Section 18.47 of Title 18 of the Municipal Code be amended to read
as follows:
CHAPTER 18.47
SIGNS ON PRIVATE PROPERTY AND PUBLIC PROPERTY
NOT OWNED BY THE CITY OR ITS AFFILIATED AGENCIES
Sections:
18.47.010 Title.
18.47.020 Authority, Scope, Intent, Purposes.
18.47.030 Basic Principles.
18.47.040 Definitions.
18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals.
18.47.060 Signs Exempt From Sign Permit Requirement.
18.47.070 Prohibited Signs.
18.47.080 Permanent Signs.
18.47.090 Temporary Signs.
18.47.100 Vehicles Signs.
18.47.110 Murals.
18.47.120 Flags, Banners, and Pennants.
18.47.130 Master Sign Programs.
18.47.140 Nonconforming Signs; Abandoned Uses.
18.47.150 Safety, Maintenance, and Refacing.
18.47.160 Enforcement and Removal.
18.47.170 Severability.
18.47.010 Title. This Chapter shall be known as the Regulatory Sign Ordinance of
'tome the City of National City, California.
18.47.020 Authority, Scope, Intent, Purposes.
A. Authority. This Chapter is enacted pursuant to the City's general and police
powers, California Constitution Article XI, Section 7; California Government Code Sections
65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et
seq., 5230, 5490 et seq., 13530 et seq. and 13540; Penal Code Section 556 et seq.; and other
applicable state laws.
B. Scope. This Chapter regulates signs, as defined herein, which are located within
the corporate limits of the City of National City and over which the City has land use regulatory
authority, but not on City owned land. Signs on City land are subject to Chapter 13.28. Signs
used in conjunction with parades, protests, demonstrations and outdoor public assemblies are
regulated as temporary uses under Chapter 15.60.
C. Intent. By adoption of this Chapter, the City Council intends to create and
implement a comprehensive system for the regulation of signs within the scope of this Chapter,
with a regulation system that: 1) accommodates the expression rights of the First Amendment to
the U.S. Constitution and the corollary provisions of the California Constitution; 2) comports with
all applicable principles of federal and state constitutional, statutory and administrative law.
D. Purposes and Interests Served. The purposes of this Chapter include, but are
not limited to: 1) serving the governmental and public interests in controlling visual clutter,
community esthetics, and safety of drivers, passengers, and pedestrians; 2) aiding in the
identification of properties, land uses, enterprises and other establishments; 3) enhancing the
general appearance and esthetics of the urban environment; and 4) protecting the natural
beauty of the City's open space.
18.47.030 Basic Principles.
A. Message Neutrality Policy. It is the policy of National City to regulate signs in a
manner that does not favor commercial speech over noncommercial speech and does not
regulate protected noncommercial speech by message content.
B. Message Substitution Policy. A constitutionally protected noncommercial
message may be substituted, in whole or in part, for any allowed commercial message or any
other protected noncommercial message, provided that the sign structure or mounting device is
legal. Any substitution shall require the private property owner's consent. The purpose of this
provision is to prevent any favoring of commercial speech over non-commercial speech, or
favoring of any particular protected noncommercial message over any other protected
noncommercial message. The message substitution policy does not: 1) create a right to
increase the total amount of sign display area on a site or parcel; 2) create a right to substitute
an off -site commercial message in place of an onsite commercial message or in place of a
noncommercial message; 3) affect the requirement that a sign structure or mounting device
must be properly permitted; 4) authorize changing the physical method of image presentation
(such as digital or neon) display without a permit; or 5) authorize a physical change to the sign
structure without compliance with applicable building codes, safety codes, and neutrally -
applicable rules for sign size, height, orientation, setback, separation or illumination.
C. Enforcement Authority. The Director is authorized and directed to administer and
it enforce this Chapter.
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NCMC Chapter 18.47 April 5, 2016
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D. Administrative Interpretations. Interpretations of this Chapter are to be made
initially by the Director in consultation with the City Attorney. The Director may refer an
interpretation question to the Planning Commission. All interpretations of this Chapter are to be
exercised in light of the message neutrality and message substitution policies. Where a
particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by
this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building
Code, as adopted by the City, then the Planning Commission or Director, as applicable, shall
approve, conditionally approve or disapprove the application based on the most similar sign
type, using physical and structural similarity, that is expressly regulated by this chapter.
E. Responsibility for Compliance. The responsibility for compliance with this
Chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the
present right of possession and control of the property whereon a sign is located, mounted or
installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed,
erected or displayed without the consent or knowledge of the owner and / or other parties
holding the legal right to immediate possession and control.
F. Onsite-Offsite Distinction. Within this Chapter, the distinction between onsite
signs and offsite signs applies only to commercial messages. It does not apply to non-
commercial messages.
18.47.040 Definitions. The following definitions apply to this Chapter, and to other
chapters when cross-referenced by such other Chapters.
"Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or
thin metal, with or without a message, attached outdoors to a building, structure or mounting
.Nbar' device, or attached indoors to a building, structure or mounting device so as to be visible from
the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting.
"Billboard" means a permanent sign structure in a fixed location which meets any one or
more of the following criteria: (1) it is used for the display of off -site commercial messages; (2)
the message display area, or any part thereof, is made available to message sponsors other
than the owner(s) or operator(s) of the sign, typically for a fee or other consideration, i.e., it is
general advertising for hire; (3) the sign is a principal or secondary use of the land, rather than
appurtenant or accessory to some other principal use of the land.
"Bunting" means a form of banner that is typically presented and displayed in a folded or
gathered fashion or combination. It may include a display in combination with a flag or banner.
Depending on the format of the display, the term may be synonymous with banner.
"Changeable copy sign" means a sign displaying a message that is changed by means
of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Digital
signs," "dynamic signs," and CEVMS (changeable electronic variable message signs) are all
within this definition.
"City" means the City of National City California.
"City property" means any parcel of land or separately leasable space over which the
City or any of its related entities, holds the present right of possession and control, regardless of
who may hold legal fee title, or that is within the public right-of-way.
"Commercial mascot" means a person or animal attired or decorated with commercial
insignia, images, costumes, masks, or symbols, and/or holding signs displaying commercial
messages, when a principal purpose is to draw attention to or advertise a commercial
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NCMC Chapter 18.47 April 5, 2016
enterprise. This definition includes "sign twirlers," "sign clowns," "sign spinners," "sign twirlers,"
'`.- and "human sandwich board" signs. Also known as "living signs."
"Commercial message" means a message that proposes a commercial transaction or
pertains primarily to the economic and commercial interests of the message sponsor and/or the
sign audience.
"Construction site sign" means a sign that is displayed on the site of a construction
development project during the period of time of actual construction.
"Digital display" means display methods utilizing LED (light emitting diode), LCD (liquid
crystal display), plasma display, projected images, or any functionally equivalent technology,
and which is capable of automated, remote or computer control to change the image, either in a
"slide show" manner (series of still images), or full motion animation, or any combination of
them.
"Director" means the City Manager or designee.
"Directional sign" is a sign used to provide directions to pedestrians and vehicular traffic.
"Election period" means that period of time which begins 60 days before a special,
general, or primary election in which at least some registered voters in the City are eligible to
vote, and ends ten days after such election.
"Establishment" means any legal use of land, other than long-term residential, which
involves the use of structures subject to the Building Code. By way of example and not
limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and
motels, offices and libraries, but does not include single-family homes, mobile homes,
residential apartments, residential care facilities, or residential condominiums. Multi -unit housing
developments are considered establishments during the time of construction; individual units
\.r are not within the meaning of establishment once a certificate of occupancy has been issued or
once a full-time residency begins.
"Establishment premises" means a specific occupancy within a building or upon a parcel
of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain
a specific identity and location.
"Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive
design, used as a symbol.
"Freestanding sign" means a sign which is principally supported on the ground by one or
more uprights, braces, poles, pylons or other similar structural components. This category
includes both monument and pole signs.
"Frontage" when used as a measurement reference of a building or establishment
premises, shall refer to the distance between the two most distant corners of a building
measured in a straight line along the building face bordering the adjoining street. See Glossary
pertaining to frontage when made applicable to a parcel of land. The term also refers to the
elevation of a building that abuts or adjoins a private or public right-of-way or parking lot.
"Garage sale sign" means a sign whose message concerns short-term rummage, estate,
boutique, or garage sales of used or handmade common household items from a residential
property.
"General advertising," also known as "general advertising for hire," means the enterprise
of advertising or promoting other businesses or causes using methods of advertising, in contrast
to self -promotion or on -site advertising.
"Height" means the distance measured vertically from grade to the highest point or
i..r portion of the object to be measured or height limited.
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"Illegal sign" means a sign that was installed without proper City or other required
approvals and/or permits at the time it was initially installed, and which has not been legalized
by later action. This definition also includes a sign that was erected in conformance with all
applicable laws, rules, and regulations in effect at the time of installation, but which was
subsequently altered so as to be out of compliance with applicable law, including the terms of
permits which authorized construction. All signs described in Business and Professions Code
section 5499.1 and defined therein as an "illegal on -premises advertising display" are also within
this definition.
"Illuminated sign" means a sign whose message is made readable by internal or external
lights or light emitting diodes (or functionally equivalent technology), typically (but not
necessarily) during hours of darkness.
"Install" or "installation" includes but is not limited to the act by which a sign is
constructed or placed on land or a structure, or the act of attaching, painting, printing,
producing, or reproducing, or using any other method or process by which a visual message is
presented or placed upon a surface.
"Legal nonconforming sign" means a sign that complied with all applicable laws, rules
and policies at the time of installation, and which has not been expanded beyond the originally
applicable rules, but which does not conform to currently applicable law and rules.
"Mobile billboard" means a sign on a wheeled conveyance (whether motorized or not) or
water craft, including those which carry, convey, pull or transport any sign used for general
advertising for hire. The term does not include vehicles and vessels that display identification
information concerning the usual business or regular work of the vehicle/ vessel owner (not
including general advertising).
"Motor fuel price sign" means a sign of the type described and required by Business and
Professions Code section 13530 et seq.
"Monument sign" means a low -profile freestanding sign supported by a structural base or
other solid structural features other than support poles, which may contain copy on more than
one side.
"Mural" or "mural -type sign" means a sign painted on the exterior wall of a building
consisting of graphics or images, either alone or in combination with letters. Murals or mural -
type signs, including those described as artistic murals, shall be treated as any other sign
subject to the signage area requirements.
"Non-commercial message" means a constitutionally protected message that addresses
topics of public concern or controversy such as, by way of example and not limitation, politics,
religion, philosophy, science, art or social commentary.
"Offsite sign" means a sign that advertises commercial products, accommodations,
services, or activities not provided in or on the property or premises upon which it is located.
The on-site/off-site distinction does not apply to non-commercial messages.
"Onsite sign" means a sign that advertises the commercial business, accommodation,
services, or activities provided on the premises on which the sign is located, or is expected to be
provided in the near future, such as "coming soon" movie posters. In the case of developments
subject to a master sign program, all establishments subject to the program are considered on -
site whenever located within any location subject to the program. All establishments within a
shopping center are on -site as to any sign(s) also located within that shopping center. The on-
site/off-site distinction does not apply to non-commercial messages.
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"Outdoors" means a location on undeveloped property or the exterior of a building or
structure.
"Parcels" or "property" or similar references or descriptions mean parcels defined or
delineated by assessor parcel numbers maintained by the County tax assessor or as defined in
the Glossary of this Code.
"Pennant" is a banner with three sides, or swallow -tail form.
"Permanent sign" means a sign that is solidly attached to a building, structure, or the
ground by means of mounting brackets, bolts, welds, or other combination of attachment
methods, thereby rendering the sign non -moveable or difficult to reposition without the use of
machinery, cutting devices, or mechanical devices. See also "temporary sign."
"Pole sign" means a permanently mounted, freestanding sign which is supported above
the ground by one or more uprights, braces, poles, or other similar structural components.
"Projecting sign" is any sign which projects beyond a building face and uses a wall or
vertical element of a building as its main source of support. The term includes a double-faced
sign that is installed more or less perpendicular to the face of a building so as to allow a
message to be viewable from either side. The term does not include signs that are installed
along the face of a building and that are completely attached to the face of a building.
"Real Estate Sign" means any sign whose message concerns a proposed economic
transaction involving real estate, including all signs described in Civil Code 713.
"Residential Sign" means a sign displayed on a legal, individual dwelling unit. The term
does not apply to management offices of apartment complexes or mobile home parks, or to
hotels, motels, inns or other places of transient occupancy.
"Responsible Party" means the permittee, property owner, or owner or person in charge
of the sign.
"Rooftop sign" or "Roof -mounted sign" means a sign that extends above the ridgeline of
the roof of a building or a sign attached to any portion of the roof of a building.
"Safety Codes" refers to the Building, Electrical, Plumbing, Grading, and similar codes
which ensure safe construction.
"Shopping center" shall mean a group of commercial buildings as defined in the
Glossary.
"Sign" as used in this Chapter, generally means the public display of any visually
communicative image placed on public display and visible from the exterior of any portion of the
public right of way or place open to passage by the public. Notwithstanding the generality of the
foregoing, the term "sign" does not include:
1. Aerial banners towed behind aircraft;
2. Architectural features — decorative or architectural features of buildings
(not including lettering, trademarks or moving parts), which do not perform a communicative
function (examples include color stripes around an office building or retail store);
3. Automated Teller Machines (ATM's), when not used for general
advertising;
4. Cornerstones and foundation stones;
5. The legal use of fireworks, candles and artificial lighting not otherwise
regulated by this chapter;
6. Grave markers, gravestones, headstones, mausoleums, shrines, and
other markers of the deceased;
7. Historical monuments, plaques and tablets;
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8. Holiday and cultural observance decorations displayed in season,
including inflatable objects, on private residential property which are on display for not more
than 45 calendar days per year (cumulative, per dwelling unit) and which do not include
commercial messages;
9. Inflatable gymnasiums associated with legal residential uses — inflatable,
temporary, moveable, gymnasium devices commonly used for children's birthday parties, and
similar devices (also called "party jumps" or "bounce houses");
10. Interior graphics — visual communicative devices that are located entirely
within a building or other enclosed structure and are not visible from the exterior thereof;
11. Manufacturers' marks — marks on tangible products, which identify the
maker, seller, provider or product, and which customarily remain attached to the product even
after sale;
12. Mass transit graphics — graphic images mounted on duly licensed and
authorized mass transit vehicles that legally pass through the city;
13. News racks, newspaper vending devices and newsstands;
14. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel
and the like, unless it constitutes a commercial mascot;
15. Safety warnings on motorized or electrified equipment;
16. Searchlights used as part of a search and rescue or other emergency
service operation (this exclusion does not apply to searchlights used as attention attracting
devices for commercial or special events);
17. Shopping carts, golf carts, horse drawn carriages, and similar devices
(any motorized vehicle which may be legally operated upon a public right-of-way is not within
this exclusion);
18. Symbols embedded in architecture — symbols of non-commercial
organizations or concepts including, but not limited to, religious or political symbols, when such
are permanently integrated into the structure of a permanent building which is otherwise legal,
by way of example and not limitation, such symbols include stained glass windows on churches,
carved or bas relief doors or walls, bells and religious statuary;
19. Vehicle and vessel insignia — on street legal vehicles and properly
licensed watercraft: license plates, license plate frames, registration insignia, non-commercial
messages, messages relating to the business of which the vehicle or vessel is an instrument or
tool (not including general advertising) and messages relating to the proposed sale, lease or
exchange of the vehicle or vessel.
20. Vending machines, automated intake devices and product dispensing
devices which do not display off -site commercial messages or general advertising messages;
21. Window displays — the display of merchandise in a store window, when
such merchandise is immediately available for purchase.
"Signage" is the collective noun for all signs on a given parcel, lot or location, or within a
stated classification;
"Sign area" means that portion of a sign which consists of visually communicative copy,
including the advertising surface and any framing, trim, or molding but not including the
supporting structure, measured one side only, provided that the angle between faces for two-
sided signs does not exceed 30 degrees.
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"Sign copy" means the visually communicative elements, including but not limited to
words, letters, numbers, designs, figures, or other symbolic presentation incorporated into a
sign with the purpose of attracting attention to the subject matter or message.
"Sign face" means the portion of a sign that is available for displaying sign copy, together
with any frame, color, panel, ornamental molding, or condition which forms an integral part of
the sign copy and which is used to differentiate such sign copy from any wall or background
against which it may be placed. Those portions of the supports, uprights, or base of a sign that
do not function as a sign shall not be considered as part of a sign face.
"Sign height" means the vertical distance of a sign from the uppermost point used in
measuring the sign area to the ground immediately below such point or to the level of the upper
surface of the nearest curb of a street or alley (other than a structurally elevated roadway),
whichever measurement permits the greater elevation of the sign.
"Special Event" means an activity or event that occurs rarely or irregularly, is open to the
public, and is of a duration not exceeding 7 days. Any event that is subject to a Temporary Use
Permit will be considered within this definition. By way of example and not limitation, special
events include circus or carnival runs, 4th of July Festival, Easter Egg Hunt, Relay for Life,
Christmas Tree Lighting, parking lot sales at shopping centers and malls, holiday celebrations,
Auto Heritage Day, etc.
"Temporary message" means a message that pertains exclusively to an event which
occurs on, or ends on, a particular day.
"Temporary sign" means a sign that is constructed of lightweight or flimsy material, and
is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure"
under the Building Code is not within this definition.
"Visibility triangle" means at the intersection of any two or more streets, that area
extending horizontally 50 feet from the corner of the intersection and vertically, from a height of
three feet to a height of eight feet.
"Visible to the exterior" refers to the placement of a sign or banner within the interior first
eight feet of a commercial or industrial building or structure in such a manner so that it or its
message is readily visible on an immediately contiguous public right-of-way, parking lot, or
parcel. To be visible does not require that the message be understandable or readable.
"Wall sign" means a sign that is attached to, erected against or painted on the wall of a
building or other vertical structure.
"Warning sign" means a sign that is posted to provide notice of danger, such as "Beware
of Dog," "Railroad Crossing," "Danger High Voltage" or noting the location of underground
utilities.
"Window sign" means a sign that is painted or mounted on a window pane, or that is
mounted within five feet of a window and oriented for viewing by exterior passersby.
"Zone" refers both to the zone classifications given in 18.20.020, and to the specific
areas or districts to which a given zoning classification applies.
18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals.
A. Sign Permit Generally Required. Unless exempted from the sign permit
requirement, all signs regulated by this Chapter may be installed, maintained, erected, or
displayed only pursuant to sign permit pursuant to this Chapter, and a finding of compliance is
made by the Planning Division, using the design criteria identified in this Chapter and other
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NCMC Chapter 18.47 April 5, 2016
applicable regulations. A sign permit may be approved subject to conditions, so long as those
�.,. conditions are required by this Chapter or some other applicable law, rule or regulation.
B. Compliance Required. No permit shall be issued for any sign or sign structure
except in compliance with the provisions of this Chapter. A sign permit may be subject to
compliance with permitting requirements imposed by other sources of law, including the safety
codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the
provision of this Chapter and other applicable regulations, the more restrictive shall apply.
C. Right to Permit or Display. When any sign permit application is complete and
fully complies with all applicable provisions of this Chapter, and all other applicable laws, rules
and regulations, the permit shall be approved and issued within the required time. In the case of
signs which are exempt from the sign permit requirement, there is a right to erect, display, and
maintain such signs as are authorized by this Chapter, subject to the applicable rules. This "right
to permit" provision does not apply when the relevant city law is under active consideration for
amendment at the time the application for a sign permit is submitted, or when the rules or
regulations relevant to the application are changed prior to the expiration of the time for
decision.
D. Legally Existing Signs; Alterations. Signs legally existing prior to the effective
date of this Chapter shall be exempt from the sign permit requirement unless a structural
alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or
there is some other change in the structural elements of the sign. Structural alterations and
expansions require a sign permit.
E. Review. All sign permit applications shall be initially reviewed by the Director. In
the case of any discretionary permit in which signage is included, such as a master sign
program, a specific plan including signs, a variance, or an appeal, the Director shall prepare a
report for the body which shall hear the matter, the Planning Commission or City Council. The
report may, but is not required, to include recommendations.
F. Application for a Sign Permit. Any person seeking a sign permit for a sign shall
submit to the Director a written application for such. The Director shall prepare a sign permit
application form and provide it to any person on request, along with such other materials and
information as applicants need to submit for a permit. The same form may be used for both the
application and the decision thereon. A single form may be used for multiple signs on the same
site; however, the Director may make separate decisions as to each sign. A sign permit
application is complete only when it is accompanied by the appropriate application fee, in an
amount set by resolution of the City Council.
G. Application Contents. The sign permit application form may call for the following
information:
1. Name, address and telephone number of the applicant and, if applicable,
the name, address, and telephone number; when the applicant is not the holder of legal title to
the property, consent to the installation of the sign by the person(s) or entities who hold legal
title and the present right of possession and control of the property; when the sign is proposed
to be installed by a sign contractor, the name, address, contact information, and the license
number, if any, of the contractor;
2. As to the proposed location for the sign, multiple sets of a fully
dimensioned Site Plan (drawn to scale) indicating the street address, Assessor's Parcel
Number, zone classification, all property lines, public and private street lines (including center
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lines), structures, easements, utility poles and wires, and the location and size (in square feet)
of all existing and proposed signs;
3. As to existing signs already on parcel, information as to whether each is
permitted or exempt from permitting;
4. Accurate and scaled building elevation showing existing and proposed
building signs; including existing and proposed sign area of each individual sign and the
combined area of all signs (including those already existing or previously permitted) in relation
to the maximum allowed sign area;
5. A statement as to whether the sign is intended to be used in whole or in
part for off -site commercial messages, advertising for hire or general advertising;
6. A statement or graphical description as to whether the proposed sign, or
any part of it, is proposed to utilize any of the following physical methods of message
presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements;
activation by wind or forced air; neon or other fluorescing gases; fluorescent or day -glow type
colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays or other video -like
methods; digital display technology; use of live animals or living persons as part of the display;
mannequins or statuary;
7. A statement as to whether the property or parcel on which the sign is
proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any
outstanding notice of zoning violation or notice to correct, including whether any such
deficiencies are to be remedied by the proposed application;
8. Photographs of the existing property, parcel and/or building on which the
sign is proposed to be erected or displayed;
r.r 9. In the case of any proposed sign which is subject to a discretionary
process, such as a variance, conditional use permit, or sign program, all information required by
such process(es);
10. The Director is authorized to modify the list of information to be provided
on a sign permit application; however, additions may be made only after thirty (30) days public
notice. The Director is also authorized to request, require, or accept application materials, in
whole or in part, in electronic form, and to specify the acceptable computer formats for such
submissions.
H. Completeness. As the first step in processing a sign permit application, the
Director shall determine whether the application is complete. If the application is not complete,
the applicant shall be so notified in person or in writing initially within 30 days of the date of
receipt of the application; the notice of incompleteness shall state the points of deficiency and
identify any additional information necessary. The applicant shall then have thirty (30) calendar
days, to submit additional information to render the application complete.
Disqualification. No sign permit application will be approved if:
1. The applicant has installed a sign in violation of the provisions of this
Chapter and, at the time of submission of the application, each illegal or non -permitted sign has
not been legalized, removed or a cure included in the application;
2. There is any other existing code violation located on the site of the
proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by
the applicant and is located at a different establishment) which has not been cured at the time of
the application, unless the noncompliance is proposed to be cured as part of the application;
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NCMC Chapter 18.47 April 5, 2016
3. The sign application is substantially the same as an application previously
denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii)
new evidence or proof of changed conditions is furnished in the new application;
4. The applicant has not obtained any applicable required use permit or
conditional use permit. However, applications for such permits may be processed
simultaneously with a sign permit application.
J. Applications for Multiple Signs. When an application proposes two or more
signs, the application may be granted 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 Director's
written notice of determination shall specify the grounds for such denial.
K. Discretion. When discretion is authorized for a master sign program or site plan
review, that discretion may be exercised only as to location, structural and safety factors, and
not as to message content, graphic design or artistic merit. Permissible factors for consideration
include: style or character of existing improvements upon the site and lots adjacent to the site;
construction materials; number and spacing of signs in the area; the sign's height, design, and
location in relation to its proposed use; form, proportion, scale, overall sign size; potential effect
of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial)
of a structure or facade or public view of historical or architectural significance; potential
obstruction of views of users of adjacent buildings.
L. Master Sign Programs. Permit applications for Master Sign Programs as part of
planned commercial, office -professional and industrial development shall include the above
information as part of a Site Development Plan or Specific Plan. When approval is sought for a
development that includes one or more signs, then the sign aspects of the proposed
development must satisfy the applicable provisions of this Chapter. In addition, when a
development project will have 6 or more leased spaces, it must also comply with the Master
Sign Program requirements set forth in Section 18.47.130. Such proposals may be reviewed by
the Director and shall be decided by the Planning Commission. In preparing a report for the
Planning Commission, the Director may, but is not required to, make recommendations.
M. Revocation or Cancellation. The Director may revoke any approval or permit
upon refusal or failure of the permittee to comply with the provisions of the permit and the
requirements of this Chapter, after written notice of noncompliance and at least fifteen (15)
calendar days opportunity to cure. However, opportunity to cure does not apply when a sign, by
virtue of its physical condition, constitutes an immediate and significant threat to public safety.
N. Permits Issued in Error. Any approval or permit issued in error may be
summarily revoked by the Director upon written notice to the permittee, stating the reason for
the revocation. "Issued in error" means that the permit should not have been issued in the first
place and includes but is not limited to omissions, errors or misrepresentations in the application
materials, and oversights or errors in the processing thereof.
O. Inspections. All signs subject to one or more safety permits (building, plumbing,
electrical, grading, etc.) require final inspection and approval by the Building Official.
P. Sign -Related Decisions. Challenges or objections to sign -related decisions,
notices and orders, other than approval or denial of a sign permit, do not require a particular
form, but must be in writing, signed by the applicant or challenger, and particularly state the
matter challenged and the grounds therefore. Challenges shall be made to the Director within
30 days of the date of the decision, notice, and/or order. Challenges and objections to sign -
related decisions not made in accordance with these procedures shall not be eligible for appeal.
Signs & Outdoor Advertising Displays
11 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
Q. Levels of Review; Order of Review. Except for signs subject to initial review by
�.� the Planning Commission, initial review and decisions on all sign permit applications shall be by
the Director unless otherwise stated herein; appeal is first to the Planning Commission and then
to City Council.
R. Safety Codes. When a proposed sign, by virtue of its physical, structural,
location, and other non -message factors, is subject to any permits or requirements under the
safety codes, then satisfaction of such requirements shall be a condition of the sign permit.
S. Permit Denial. When a sign permit application is denied, the denial shall be in
writing and sent or delivered to the address shown on the applicant's application form, and shall
specifically state the grounds for denial.
T. Timely Decision. At each level of review or appeal, the decision shall be
rendered in writing within 30 calendar days. The time period begins running when an appeal,
challenge, or objection is received, the application is complete (or is deemed complete because
no notice of incompleteness has been given), an amendment is received, or the notice of appeal
has been filed, whichever applies. The timely decision requirement may be waived by the
applicant or appellant. If a decision is not rendered within the required time, then the application
or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be
deemed affirmed.
U. Appeal. Any decision regarding a sign permit application or other sign -related
decision may be appealed by any affected person. Notices of Appeal and challenges and
objections to sign -related decisions must be filed with the City Clerk within thirty calendar days
of the decision; if City offices are not open on the thirtieth day, then the time period is extended
to the next day City offices are open to the public. Appeals shall be heard by the Planning
°�.► Commission. The decision of the Planning Commission may be appealed to the City Council
pursuant to 18.12.060, as augmented by this Chapter. The appeal right arises at the earliest of:
a) the date of the written decision that is delivered to the applicant, or b) the time for decision
has run without a written decision. The Notice of Appeal, Objection, or Challenge must state
specifically the matter appealed from and the grounds for appeal. Notices of Appeal must be
signed by the appellant or their authorized agent, representative, or attorney.
V. Status Quo. During the pendency of 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 condition, constitutes an immediate threat to public safety.
W. Judicial Review. Following final decision by the City Council, any affected person
may seek judicial review of the final decision on a sign permit application or other sign -related
decision pursuant to the applicable provisions of the California Code of Civil Procedure.
X. Notices. Written notices by the City, required within this Chapter, shall be
deemed given on the earliest of the following: when personally delivered, when publicly posted,
or on the day of mailing. Notices are deemed effective when sent to the last known address of
the addressee.
18.47.060 Signs Exempt From Sign Permit Requirement. The signs listed in this
section are exempt from the requirement of prior approval (either by sign permit or site plan
review), but still subject to the rules stated in this Chapter. When any residential sign meets the
definition of "structure" in the Building Code, or is electrified, then compliance with all safety
codes (building permits, electrical permits, etc.) is required. Signs may also be exempted from
Signs & Outdoor Advertising Displays 12 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
the sign permit requirement by other sections of this Chapter, other chapters of this code, or
other bodies of law.
A. Residential Signs. All legal residential dwelling units are allowed a defined
maximum cumulative display area, which is available at all times, subject to:
1. Physical types: residential signs may be free standing or mounted on
doors, walls, or fences; flag poles not exceeding 25 feet cumulative of linear footage; roof -
mounted signs are prohibited;
2. Permissible message types: any variety or combination of constitutionally
protected noncommercial speech (including but not limited to political / election signs); real
estate signs (must be removed not more than five days after the proposed economic transaction
is completed, or the property goes off the market); garage sale signs compliant with the other
provisions in the Municipal Code addressing garage sales which is currently set forth at Section
7.21.060; construction site signs;
3. Prohibited message types: commercial messages other than those
specified in the preceding subsection; general advertising for hire; any message whose public
display is illegal;
4. Maximum display area: 16 square feet per parcel per frontage at all times;
except that during the Election Period, when there shall be no limit on the maximum display
area. The maximum display area is the cumulative total of all signs that are subject to the area
limit. Not included within with the cumulative total: indicators of street address and occupants'
name(s), visual images mounted on the ground (i.e., door mats);
5. Maximum sign size: 6 square feet per sign at all times. The maximum
sign size is the maximum square footage allowed for an individual sign.
6. Illumination: special illumination of residential signs is prohibited;
residential signs may be illuminated only by natural and legal ambient lighting;
B. Construction Site Signs, subject to:
1. On single-family residential properties, construction site signs shall be no
larger than 20 square feet per street frontage;
2. For all other construction projects: maximum display area for signs shall
be no greater than 50 square feet per frontage;
3. Construction site signs must be removed prior to final inspection or before
issuance of a certificate of completion or certificate of occupancy, as applicable;
4. Illumination: prohibited.
C. Signs required or authorized by other bodies of law or court orders;
D. Signs required by the fire department to designate fire lanes;
E. Nameplate identification signs and combination name plates and address signs
with letters that do not exceed three inches in height, are not illuminated, and do not exceed
four square feet in area;
F. Window signs that do not exceed 15% of the area of a window or 12 square feet,
whichever is less;
G. Warning signs such as "no parking," "watch dogs," "private property," and
"security service" that are not illuminated, do not exceed one square foot in area each, and do
not project over a public right-of-way. No more than three of these signs shall be allowed per
premises;
H. Bulletin boards, provided they do not exceed sixteen square feet in area, do not
`4II•P" project over a public right of way, and are not illuminated;
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NCMC Chapter 18.47 April 5, 2016
18.47.070 Prohibited Signs. The signs listed in this section are prohibited in all
zones and at all times unless explicitly authorized or allowed by another provision of this
Chapter, another chapter of the code, or other applicable law.
1. New billboards, conversion of existing billboards to digital or dynamic or
tri-vision display, expansion of the display face of any existing billboard (except as authorized by
state law), and the installation of an additional display face to an existing billboard structure;
2. Mobile billboards, but not including taxis or shuttle vehicles or public
transportation vehicles that legally pass through the city;
3. Signs mounted on roofs, water towers, radio, television, or cell phone
towers;
4. Signs mounted on fences;
5. Signs mounted on trees, bushes, or vegetation;
6. Signs placed on property (public or private) without consent of the
property owner or other party holding the present right of possession and control;
7. Signs that obstruct any window, door, gate or opening used or required
as a means of regular ingress or egress, legal light or ventilation, as a fire escape or other
emergency access or escape;
8. Signs displayed on vacant or undeveloped lots;
9. Signs whose intensity of illumination or size, shape or location interferes
with the safe operation of a vehicle or creates distraction to the operator of a wheeled vehicle on
adjoining public streets;
10. Signs mounted in such a manner as to obstruct the free flow of vehicular
or pedestrian traffic;
11. Signs that are confusingly similar to authorized, official traffic and
pedestrian control signs, even though they are in fact not traffic control signs;
12. Signs using animation, flashing, blinking, or intermittent light exceeding
any of these operational parameters:
a. Illumination equivalent to incandescent light bulbs of sixty watts
maximum per bulb;
b. Flashes or blinks more than 15 times per minute;
c. Chaser lights;
d. High intensity neon lights, tubes and flashing lights are prohibited
on animated and flashing signs;
e. Rotating beacon lighting elements.
13. Advertising or attention -getting devices that are inflatable, float in air or
water, or are activated by wind or forced air;
14. Temporary signs displaying off -site commercial messages or used for
general advertising for hire, unless required by state law;
15. Signs placed in the public right-of-way, unless explicitly allowed by
Chapter 13.28.
16. Signs mounted on motor vehicles parked in the public right of way.
18.47.080 Permanent Signs. Unless specifically exempted herein, all permanent
signs require a sign permit. The following three types of signs are categorically exempt from this
sign permit requirement: 1) signs installed and displayed pursuant to court order, statutory
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NCMC Chapter 18.47 April 5, 2016
requirement or authorization; 2) signs on residential properties; 3) signs posted by any
governmental entity in the execution of its official duties.
A. Signs less than six square feet. The display on any non-residential parcel of any
single sign or banner that is less than six square feet in area is allowed and is exempt from
obtaining a sign permit.
B. Directional Signs. Directional signs that do not exceed a total of three square
feet in size per sign, and total area combined does not exceed nine square feet per parcel, are
allowed, and are exempt from obtaining a sign permit.
C. Freestanding Signs. A maximum of two freestanding or monument signs, not to
exceed a total of one hundred square feet, are allowed, subject to a sign permit, for single-
family subdivisions, multi -family developments, and mobile home parks.
D. Flags. On residential land uses, a total of 24 square feet of flag area may be
displayed at any and all times; on non-residential land uses, there shall be no limit to the
allowable flag area that may be displayed at any and all times. On residential lots, the number of
flag poles is limited to a cumulative linear footage of 25 feet; on non-residential lots, the
cumulative linear footage shall be limited to the maximum height allowed in the zone in which
the property is located. Flag poles intended for permanent use are subject to appropriate
building permits.
E. Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones.
Except in shopping centers (where special rules, stated in the next subsection, apply) and public
assembly uses (to which special rules, stated below, apply), permanent signs may be installed
on or along the face of a building in commercial zones and commercial uses in a mixed -use
zone, and industrial or institutional zones, subject to the following:
1. Signs exceeding twenty five square feet in display area:
a. Maximum number: one sign per establishment premise per
frontage along a street, freeway, or parking lot;
b. Sign area on the primary frontage shall not exceed 30 percent of
the area of the building face or four square feet of sign for each linear foot of building face along
that frontage, whichever is greater;
c. Sign area on a secondary frontage shall not exceed 15 percent of
the area of the building face or two square feet per linear foot of secondary frontage, whichever
is greater;
d. The sign face shall not be located, such as by a cabinet, deep
lettering, or architectural feature, more than 18 inches from a building face.
2. Permanent signs with 25 square feet or less of display area in
Commercial, Industrial, Institutional, Mixed -Use and Multi -Family Zones:
a. Location: only in windows or along the face of a building;
b. Maximum total cumulative area: not exceeding ten percent of the
wall or elevation on which the sign is placed;
F. Permanent Signs in Shopping Centers. Permanent signs for establishments
within a shopping center shall be limited to one per establishment premises per frontage on a
common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of
these signs shall conform with the standards specified for Permanent Signs in Commercial,
Industrial, Mixed -Use and Institutional Zones (Subsection 18.47.080(E)) as well as standards
that may be applied through any required City Council or Planning Commission approval,
Signs & Outdoor Advertising Displays 15 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
including but not limited to a conditional use permit, planned development permit, specific plan,
or variance.
G. Public Assembly Uses. On property used for public assembly, with periodically
changing programs, the following signs may be installed and displayed, subject to a sign permit:
1. Wall sign: one wall mounted sign not to exceed twenty square feet in area
per street frontage or parking lot frontage; and
2. One freestanding changeable copy directory sign not to exceed six feet in
height and twelve square feet in area per street frontage or parking lot frontage shall be allowed;
3. Provided, however, that the signs shall be architecturally related to the
structure to which they are appurtenant;
4. Number Limit: No more than two wall -mounted signs plus no more than
two freestanding signs.
H. Pole or Monument Signs in Commercial, Industrial, Mixed -Use, and Institutional
Zones. Pole -mounted or freestanding signs are allowed subject to a sign permit in the
commercial and industrial zones and non-residential uses in a mixed -use zone, subject to:
1. Number Limit: Pole signs or monument signs shall be limited to one sign
per frontage on street, freeway, or parking lot, and may include a cluster sign identifying
individual businesses on the parcel(s);
2. Display Area Limit:
a. The total area of any sign installed along the primary frontage
shall not exceed four square feet per lineal foot of property on the primary frontage;
b. The total area of any sign installed along each secondary frontage
shall not exceed two square feet per lineal foot of property on the secondary frontage;
3. Location: Sign structures shall not be placed within the required setback
area applicable to that zone, except that projecting signs may protrude into or overhang a
maximum distance of one-half of the setback.
4. Height Limit: Pole signs may be 11/2 feet high for each 1-foot away from
the centerline of the street on which the sign is located, but in no case exceeding:
a. MXC 1 & MXD 1 zones - 50 feet;
b. MXC 2 & MXD 2 zones - 50 feet. Signs exceeding 50 feet may be
allowed if located near a freeway and approved by the Planning Commission as compatible with
the other uses near the site;
c. CA & CS zones - 50 feet. Signs exceeding 50 feet may be
allowed, up to a maximum of 75 feet, if located near a freeway and approved by the Planning
Commission as compatible with the other uses near the site;
d. Industrial zones - 70 feet.
e. Institutional zones — 50 feet.
Rotating Signs in Commercial and Industrial Zones. Signs that rotate are
restricted to no more than eight revolutions per minute. Rotating signs are allowable only in
commercial and industrial zones.
J. Projecting Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones.
Projecting signs may be installed and displayed, subject to a sign permit, in all commercial,
industrial, mixed -use, and institutional zones, subject to:
1. Projecting signs shall not project over any public right-of-way, including
streets or alleys, except as provided in Subsection D, below;
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NCMC Chapter 18.47 April 5, 2016
•
2. The maximum height of any projecting sign shall be 12 feet, and may
project above any eave or parapet of less than 12 feet in height, but may not project inward over
any such eave or parapet.
3. Maximum display area for all sides: 32 square feet.
4. Projecting signs may project over street parkways and required setback
areas a maximum of one-half of the street parkway or setback width. For the purpose of this
section, "street parkway" is defined as that part of the public street right-of-way lying between
the front property line and the edge of the roadway.
5. Number limit: No more than one projecting sign shall be placed on each
street frontage per business premises.
6. Qualification: A projecting sign shall be permitted only in lieu of a
freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee
sign.
7. Design: Projecting signs shall be supported so as to appear to be an
architectural and integral part of the building. The sign shall be free of any extra bracing, angle
iron, guy wires, or cables.
K. Digital Display Signs. Signs using digital display are allowed in the following
zones: industrial, commercial, and mixed -use districts, subject to a sign permit, and subject to:
1. Maximum height: the same rule that would apply to the same sign if it
were not using digital display;
2. Minimum requirement: digital display must be part of a master sign
program;
3. Maximum display area:
a. For properties that front on arterial roadways, the digital display
portion of the sign structure shall not exceed 25% of the allowable display area;
b. For properties that front on highways, the digital display portion of
a sign shall not exceed 50% of the allowable display area;
c. Maximum Number: No more than one sign using digital display
may be permitted on a site. The electronic message display may be single -faced or double-
faced.
d. Signs using digital display may not project moving images or
images that appear to move; each still image must be on display a minimum of 8 seconds;
transitions between still images shall not exceed one second.
e. Light Intensity: each sign using digital display shall include a
photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing.
The nighttime intensity shall be limited to 0.3 foot-candles (over ambient levels) as measured at
a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising
Association of America (OAAA). The city may modify or further restrict the intensity of any DAD
display should the lighting create a distraction to drivers or an adverse effect on nearby
residential property.
f. Operational Hours: the digital display portion of any sign shall not
be operated between the hours of 10:00 p.m. and 7:00 a.m.
g. Signs using digital display shall be shielded or the light intensity
reduced as necessary to prevent annoying glare impacting surrounding properties.
h. All new signs using digital display, which are not attached to a
building, shall be mounted on one support column only.
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NCMC Chapter 18.47 April 5, 2016
Signs using digital display may be located on the wall of a
building, provided the sign does not obscure any of the building's windows, architectural
features, or other architectural details.
j. No sign using digital display may be placed within one mile of
another sign using digital display on the same side of a highway. No sign using digital display
may be placed within 1000' of another digital display on any street.
k. Signs using digital display are limited to noncommercial messages
and onsite commercial messages; such signs may not be used as billboards or for purposes of
general advertising for hire.
18.47.090 Temporary Signs. All temporary signs must have attached to them
contact information for the persons and/or entities placing the signs on public display. Such
information must include, at a minimum, the name of the person(s) and/or entities, and currently
valid contact information such as phone number, mailing address, or email address. The
purpose of this requirement is to give the City a way to contact persons who exceeded the time
limit or other rules regarding display of certain signs, and give them an opportunity to cure the
violation. The contact information must be in an easily readable, common typeface, such as
Times New Roman, Garamond, Helvetica, Arial, or similar. Type size much be at least ten
point.
A. Construction Site Signs. Temporary signs may be installed and displayed on
construction sites without permit, subject to:
1. The maximum total area for signs at single-family residential construction
projects shall be 20 square feet per street frontage;
2. The maximum area of signage at other construction projects shall be 50
square feet per street frontage;
3. For any request for square -footage exceeding the limits set forth in
Subsections A.1. and A.2., a temporary use permit is required, the granting or denial of which
shall be based solely on objective criteria such as time, location, and size;
4. All signs must be removed prior to and as a condition of the final
inspection and approval of the project.
B. Temporary Signs Regarding Real Property Offered For Sale or Lease.
Temporary signs may be installed and displayed on real property that is currently offered for
sale or lease, or otherwise pursuant to Civil Code 713, without a sign permit, subject to:
1. A maximum of two temporary signs may be installed on developed or
undeveloped property, with the following requirements and specifications for the sign:
a. The maximum area of signage allowed by this section per parcel
per street frontage in commercial, industrial, mixed -use, multi -family, or institutional zones shall
be 50 square feet;
b. These signs shall not be specially illuminated;
c. Such signs shall be removed within ten days following the lease or
sale of the premises on which the sign is displayed.
C. Temporary Signs for Special Events. Temporary signs may be installed and
displayed when related to and for the duration of thirty (30) days prior and five (5) days after a
special event, subject to:
1. Special Event Signs in Commercial, Industrial, Multi -family, Mixed -use
and Institutional zones
Signs & Outdoor Advertising Displays 18 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
a. Temporary signs which do not cumulatively exceed 32 square feet
in display area per street frontage, are allowed subject to a special event permit;
b. Temporary signs, except flags and banners, shall not be fastened
directly to the exterior wall or face of any building. Temporary signs may be displayed in
windows or on display boards, provided the combined total area of all signs does not exceed ten
percent of the area of the building face upon which the signs are mounted. (See Section
18.47.120 for restrictions on flags and banners.)
D. Temporary Signs in Residential Zones. Refer to Section 18.47.060 for signs in
residential zones.
18.47.100 Vehicle Signs. Buses and taxis that legally traverse the public streets
may display advertising; however, mobile billboards are prohibited on public streets and parking
spaces.
18.47.110 Murals. Murals or mural -type signs, including those described as artistic
murals, shall be treated as any other sign subject to signage area requirements.
18.47.120 Flags, Banners, and Pennants. Permit required: All banners require the
approval of the planning division. In order to obtain approval, see application and drawings
required at the city planning division.
A. Auto Sales Lots. These provisions apply to all motor vehicle sales. Flags,
banners, and pennants may be displayed on automobile sales lots without time limitation or site
plan review, provided that:
1. The displays are properly maintained;
2. Displays are limited to the perimeter of the lot;
3. Displays do not exceed a height of twenty-five feet above the ground;
4. Displays may not be used in place of a permanent sign.
B. Other Commercial and Industrial Uses. Flags, banners, and pennants may be
displayed on other commercial and industrial uses for a cumulative period of sixty days within
each calendar year. The time limit commences when a banner permit is issued by the planning
director. The sixty-day period may be divided into two occasions per calendar year, provided the
total display time does not exceed sixty days per calendar year. A banner permit fee and an
administrative fee in an amount representing the anticipated city enforcement costs in causing
the applicant to remove flags or banners shall be paid to the city treasurer at the time of
application for site plan review. The administrative fee shall be refunded upon the verified
removal of the flag or banner by the specified deadline.
C. The following shall apply to all displays of commercial flags, banners, and
pennants, except for displays on auto sales lots:
1. Must be removed by the owner or occupant within fifteen days after a
determination by the city manager or that the display is improperly maintained or the flag,
banner or pennant is tattered or worn;
2. Shall not be larger than forty square feet (cumulative of all visible
copy/image areas);
3. Shall not be displayed in lieu of a permanent sign;
4. Shall not be placed on a roof, placed in required yard areas, or
landscaped areas;
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NCMC Chapter 18.47 April 5, 2016
5. Must be compatible with the primary building's appearance;
6. Violation of the time limits shall render the site ineligible for issuance of a
permit for display of a flag, banner or pennant for a period of one year from the date that the
violation is abated;
7. The restrictions of this section shall also apply to signs and banners
located within the first eight feet of the interior of commercial or industrial premises when such
sign or banner is visible to the exterior.
18.47.130 Master Sign Programs.
Purpose and Applicability. The purpose of the master sign program provisions is to
provide a coordinated approach to signage for National City's business districts, which include
but not limited to the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. Whenever a
development project will have 6 or more separately leased spaces, then a master sign program
is required.
A. Approval. A master sign program shall require the approval of the planning
commission and the city council, after considering the proposed design standards.
B. Design Standards. Master sign programs shall feature a unified and coordinated
approach to the materials, color, size, type, placement, and general design of signs proposed
for a project or property.
C. Effect of Master Sign Program. All subsequent signs proposed for a
development or property subject to an approved master sign program shall comply with the
standards and specifications included in the master sign program.
18.47.140 Nonconforming Signs; Abandoned Uses. Signs that were legal when first
installed, and which have not been modified or expanded in a manner that was illegal at the
time of modification or expansion, may continue in use, so long as there is no modification or
expansion which violates the regulations of this Chapter. If the size or configuration of a parcel
or building is changed by the subdivision or splitting of the property or alterations to the building
or parcel, property identification signs and outdoor advertising signs on the resulting properties
shall be required to conform to the sign regulations applicable to the newly created parcel or
parcels, at the time such change becomes effective.
Nonconforming signs shall be removed or made conforming when the business or
property changes occupancy or ownership.
A. Change of Land Use / Nonconforming Signs. When there is a change in the use
of land upon which are located signs that do not conform to this Chapter, then all signs on the
parcel, lot, or leasable space must be brought into conformance with this Chapter and all other
applicable laws, rules, regulations and policies.
B. Abandoned Site or Building. When the use of any parcel or building is vacated,
terminated, or abandoned for any reason for a period of more than ninety consecutive days, the
owner or person in possession of the property shall be responsible for the physical removal of
all signs on the property, building or wall(s), and for painting over the surface so as to obliterate
any painted or printed signs on the building so that the copy is not visible, within thirty days
following notice from the city. Removal, painting out, or obliteration shall be performed in a
manner that does not create a blighting influence. Any sign that relates or pertains to an
establishment that is not actually operating on the same site for a period of ninety (90) or more
Signs & Outdoor Advertising Displays 20 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
consecutive calendar days shall be considered abandoned. Legal nonconforming use rights are
extinguished when a sign qualifies as abandoned.
18.47.150 Safety, Maintenance, and Refacing.
A. Safety Codes — Compliance Required. All signs must comply with the applicable
Uniform Building, Mechanical, Electrical Codes, and other safety codes adopted by the City.
Safety Code Permits for installation shall be obtained, when required, prior to any installation,
from the director of building and safety.
B. Maintenance. All signs and their supporting structures and components shall be
maintained in a state of safe condition and good repair. Signs shall be "face washed" at least
once a year. Electrically energized components must bear the seal of approval of an approved
testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within
thirty days from the date of notification from the City. All permanent signs shall be "face washed"
at least once a year. Electrically energized components must bear the seal of approval of an
approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be
replaced within fifteen days from the date of notification from the city.
C. Refacing. Changing the copy or refacing of a sign shall require a sign reface
permit. No consideration of message content shall occur. The purpose is to maintain an
inventory of signs.
18.47.160 Enforcement and Removal.
A. Public Nuisance. All violations of this Chapter are declared to constitute public
nuisances which may be abated by any method provided by law.
B. Enforcement. Each day of violation or non-compliance with these regulations
shall be deemed as a separate offense and subject to all remedies available at law. Legal
procedures and penalties shall be in accordance with the enforcement procedures established
by the municipal code or state law.
C. Illegal Signs. Illegal signs may be abated by the City in accordance with its
Municipal Code, state law, including but not limited to Business and Professions Code 5499.1
et. seq., or state law on abatement of public nuisances, or as otherwise provided by law.
D. Summary Abatement — Safety Hazards. If any sign is an immediate threat to the
public health and safety by virtue of the physical condition of the sign structure, said sign may
be immediately and summarily removed with the cost of such removal charged to the property
owner in accordance with this Chapter.
E. Notice of Violation. Whenever any sign or part thereof, other than those causing
an immediate threat to the public health and safety, constitutes an illegal sign and/or is erected
or maintained in violation of this Chapter, the Director shall give written notice to all Responsible
Parties to remove the sign or to bring it into compliance. The notice shall specify the nature of
the violation, and give directions for a cure, which may include complete removal or
replacement by a specific date. The notice shall advise the permittee, owner, or person in
charge of the sign of the hearing rights established by this Chapter. The date for removal
specified in the written notice shall not be less than ten (10) days from the date of the mailing of
the notice for permanent signs; and, the date for removal specified in the written notice for
temporary signs shall not be less than seven (7) days from date of the mailing of the notice. The
responsible party receiving notice may request a hearing as detailed in 18.47.050.
Signs & Outdoor Advertising Displays 21 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
F. Removal of Uncured Violations. Whenever the Responsible Parties fail to
comply with an order of the Director made pursuant to this Section, and the time for cure has
elapsed without the cure being effected, the Director may remove the sign, or order it removed,
either by the City's own force or by a private party under contract. The expense of the removal
may be charged, jointly and severally, to any and all responsible parties. Such amount shall
constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner,
or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees,
incurred by the City in collection of the costs shall be added to the amount of the debt.
G. Cumulative Remedies. The provisions of this Section are alternative and
additional remedies for the enforcement of this Chapter. Nothing in this Section shall preclude
the City from enforcing the provisions of this Chapter by any other criminal, civil, or
administrative proceeding.
18.47.170 Severability. The city council declares that the judicial invalidity of any
subsection or portion of this chapter shall not affect the validity of any other remaining section or
portion; that the city council would have adopted each of those remaining portions,
notwithstanding any later declared invalidity. If any provision determined invalid under the
preceding sentence can either be judicially severed or interpreted in a way that could harmonize
it with the remaining provisions, then it may be severed or interpreted and applied so as to give
full purpose, meaning, and effect to the remaining provisions of this chapter.
PASSED and ADOPTED this 5th day of April, 2016.
Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia
City Atto
Signs & Outdoor Advertising Displays 22 Ordinance No. 2016 - 2411
NCMC Chapter 18.47 April 5, 2016
Passed and adopted by the Council of the City of National City, California, on April 5,
2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
t.e:%41
City CI rk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on March 15, 2016 and on April 5, 2016.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2016-2411 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 5, 2016.
By:
City Clerk of the City of National City, California
Deputy