Loading...
HomeMy WebLinkAboutORD 5A (1991)ORDINANCE NO. 5A (1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. A. Recitals. (i) The City Council of the City of Diamond Bar heretofore adopted Ordinance 5 (1991) in its entirety as the Sign Code of the City of Diamond Bar. (ii) It is the desire of the City Council to amend said Code to provide for sign regulations which provide standards for SIGNAGE within the City of Diamond Bar which satisfy the aspirations, goals, and expectations of the City of Diamond Bar. (iii) The Planning Commission of the City of Diamond Bar has extensively considered the proposed sign ordinance a public hearing and has, after due consideration, recommended that the ordinance be adopted. (iv) All legal prerequisites to the adoption of this ordinance have occurred. B. Ordinance NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Division 1 of Title 22, Chapter 22.66, pertaining to sign regulation, shall be amended, and shall read, in words and figures, as set forth on Exhibit "A" hereto, and shall be incorporated herein by reference as if fully set forth. 1 section 2. All provisions of the Los Angeles County Code, as adopted, which contradict or which pertain to, signage regulated by amended Chapter 22.66 are hereby repealed in their entirety. Any provision, section or regulation which does not contradict or expressly pertain to signage regulated by new chapter 22.66 shall remain in full force and effect notwithstanding the adoption of this ordinance. section 3. Each provision of Chapter 22.66 shall apply, to the extent permissible under other laws, to all sign permit applications, development applications or other requests for entitlements pertaining to or involving signs, to the extent such are regulated by Chapter 22.66, to all such requests or applications initiated subsequent to the effective date of this Ordinance. Section 4. Penalty for violation of ordinance. It shall be unlawful for any person, firm, partnership, corporation or entity to violate any provision, or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, corporation, or other entity violating any provision of this Ordinance, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall- be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. It shall constitute a continuing violation unless and until the violation is 2 abated and shall be punished accordingly. Section. 5 Civil Remedies available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining_provis_ions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 7th day of June, 1994. 9 I, LYNDA-BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of May, 1994, and was passed at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of June, 1994, by the following vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony and M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari ABSTAINED: COUNCIL MEMBERS: None ATTEST: _ City -,Clerk of the City of Diamond Bar T-- 4 CITY OF DIAMOND BAR SIGN ORDINANCE SECTION 100. PURPOSE AND INTENT. The purpose and intent of the Sign Ordinance is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as is feasible, --, into compliance with the provisions of the Sign Ordinance. SECTION 102. SIGN PERMITS A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this Sign Ordinance. 2. Permits may be issued by the Director for all signs listed in Section 108 of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102.D (Guidelines) of this Ordinance. 3. Permits may be issued by the Director, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 110) (Planned Sign category) upon the completion of a sign permit application and approval by the Planning Commission. 1 4. The Planning Commission is authorized to approve or deny Sign Review applications and to impose reasonable conditions upon such approvals, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, such conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make findings consistent with Section 102.D, and 104 of this Ordinance. B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Director and shall contain, or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the sign(s) are to be located. 2. The name, address, and telephone number of the applicant and owner of the sign. 3. The name, address, and telephone number of the sign contractor, if any. 4. The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. 5. Three (3) copies of a site plan and architectural elevations showing the: a. Sign(s) height, size, proposed colors, type style, elevation above final grade level, proposed location 2 on the premises of the sign structure, its relationship to adjacent signs, buildings or structures, the method of illumination and the colors and materials proposed to be used. b. Structural details and calculations signed by a person competent and qualified to prepare such information. The Director may, in his or her sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Director shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS 1. In consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Director or Planning Commission, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this ordinance. 2. An appeal from a decision of the Director relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to the Applicant by the Director that any submitted sign proposal has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Planning 3 Commission decision may be made to the City Council if such appeal is filed with the City Clerk in writing within ten (10) days after the date of mailing of notification of the Planning Commission action. D. GUIDELINES: In determining the consistency of each proposed sign with the purposes of this Ordinance, the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location and the design of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3. That the proposed sign will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure, sign or display will be designed, constructed and located so that it will not constitute a hazard to the public. 5. That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this Ordinance. E. FEES 4 _A Sign Permit processing fee, as determined by resolution of the City Council, shall be collected by the Director upon application for any sign permit or appeal thereof. SECTION 104. GENERAL REGULATIONS A. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate street right-of-way. B. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. C. The Director may approve minor alterations of signs approved within a planned sign program. D. Signs shall be compatible with the architectural style, design, material and color of buildings attached or adjacent to signs. E. No sign shall be placed on or over a public right- of-way unless permission has been granted by the City Council or the Council's designee. F. Sign copy in non-Latin/Roman symbols, numerals, or alphabet characters must contain thereon a generic description written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. G. Business signs shall be limited to those portions of a building within which such business is located or conducted. 5 H. No sign, whether permanent or temporary, including any supporting structure and lighting thereof, shall present any hazard to the safety or pedestrian or vehicular traffic by obstructing the flow of such traffic by obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, by interfering with the visibility and effectiveness of any traffic control, or warning device, or in any other manner. I. All freestanding signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet of sign face area. Address plates shall not be calculated against the permitted sign face area. SECTION 106. DEFINITIONS A. Advertising device: Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertising display: Any device, contrivance, statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. C. Advertising structure, outdoor: A structure of any kind or character erected or maintained for the purpose of advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. 6 D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a sign: The total exterior surface of a sign within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the display. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or -- structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display. F. Attached sign: A sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy wall or freestanding sign which contains messages related to upcoming events at theaters. H. Awning sign: A sign attached to or written upon an awning, canopy or marquee. I. Banner sian: A sign hung with or without frames, possessing written communication applied to non -rigid paper, 7 plastic, non -rigid material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. Building frontage: The lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted. K. Building identification sign: A sign attached to a building which designates the name and/or address of the building or organization. L. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising --� devices/displays. M. Canopy sign: A sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "Awning sign".) N. Changeable cogv sign: Any sign designed and intended to have an easily and readily changeable copy. (See "Attraction board".) O. Civic organizations sign: A sign which has copy limited to organization name, address, and civic, patriotic or religious events conducted on the property. P. Commercial center: Any site containing two (2) or 8 more commercial activities, for which signage is proposed. Q. Condominium, subdivision or rental community sign : A permanent wall or freestanding sign which has copy identifying the name of the condominium, subdivision or rental community, including apartments, located on the property. R. Construction sign: A temporary sign which states the name of the future site occupant and/or the name, address and/or phone numbers of related construction, architectural, and financial firms. S. Director: The City of Diamond Bar Director of Community Development or his/her.designee. T. Electronic message board sign: A sign with a fixed or changing display composed of a series of lights, but not "- including time and temperature displays. U. Entrance/Exit signs: A sign which has copy limited to the words "Entrance" or "Exit" and is located at commercial driveways or mounted at building entrances or exits. V. Flag: An advertising device, but not including national flags or flags of political subdivisions. W. Flashing or animated sign: A sign intermittently emitting light, or which has any illumination which is not maintained in constant intensity, color or pattern, including electronic reader boards, except time and temperature displays. X. Freestanding sign: Any sign permanently or temporarily attached to the ground which is not attached to a building as its structural support. 9 Y. Grade level: Ground elevation at the closest point of the adjacent building or curb level of the adjacent right -of- _ way, whichever is closer to the location of the sign (see illustration) Z. Grand opening sign: An on premise sign advertising the opening of a new business. AA. Government offices and quasi -official signs: A sign displaying information pertaining to services offered by City, County, State or other official governmental agencies. BB. Height of a sign: The vertical distance measured from grade level along the base of the sign structure, to the highest point of the structure (See illustration). CC. Hours of operation sign: A wall or window sign designating hours of opening and closing. DD. Illuminated sign: A sign which has characters, letters, figures, designs or outline backlighted or internally illuminated by electric lights or luminous tubes. EE. Incidental sign: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. FF. Institutional sign: A sign which has copy limited to the name/address of an institution located on the property, i.e., a hospital, school, library or other public facility. GG. Liquidation sign: An on -premise sign advertising a one time only clearance, liquidation or going out of business sale. HH. Logo: A name, symbol, or trademark of a company, business, or organization. 10 II. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. JJ. Monument sign: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate building materials which complement the architectural theme of the buildings on the premises. KK. Nameplate: A wall mounted sign identifying the building by name, address, or ownership. LL. Nonconforming sign: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. MM. Outdoor advertising sign: A sign, including billboards, or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, serviced or sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights-of-way. NN. Portable sign: A sign not securely attached or fixed to the ground or to a permanent structure; or a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base, platform, or support for the sign, or to which the sign is otherwise affixed or attached. 00. Pole sign: A freestanding sign supported by one or more uprights. 11 PP. Political sign: A temporary sign conveying a message relating to a political issue, candidate, upcoming election or ballot issue. QQ. Price sign: A sign limited to the name or identification of items or products for sale on the premises, and the price of said items or products. 12 N W f��pF PO LN OJsf� BG jo �O� �"� S�GrJ of �"eel W ALL S b "lib i� AWN ca - OF QF sic,1/ MONUMI �I�sN RR. Projecting sign: A sign which projects more than twelve (12) inches from a building and is dependent upon such building for its support. SS. Real estate sign: A temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. TT. Roof sign: An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline. W. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. ---� W. Sign copy: Any word, letter, number, figure, design or other symbolic representation incorporated into or depicted upon a sign. WW. Sign face: The area or display surface used for the message. XX. Sign structure: Any structure which supports any sign. YY. Site: One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. 14 ZZ. Special event sign: A temporary sign which conveys a message related to a civic, patriotic or religious event. AAA. Subdivision/model home sign: A sign which identifies a subdivision for sale, and which is located on the property being advertised. BBB. Temporary Holiday Lighting or Window Trimming: Low intensity lighting consisting of continuous bulbs which may flash or blink used to commemorate a patriotic, civic or religious event, or decorative trim surrounding the window. CCC. Temporary sign: Any sign displayed for a limited period of time and capable of being viewed from any public right- of-way, parking area, or neighboring property. DDD. Wall sign: Any sign which is attached, erected, or painted on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building. EEE. Window sign: Any sign posted, placed or affixed in or on any window visible from the exterior of the structure through a window. SECTION 108. BASIC SIGN PROGRAM. The following signs may be approved by the Director. A. Permanent: 15 1. Wall signs for individual uses: Max. Area: 1.25 sq. ft. per 1 lineal foot frontage, to a maximum 125 sq. ft. per use. Sign shall not exceed 80% of building frontage. Max. Number: 1 per outer wall Special Conditions: No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without Planning Commission review and approval. Zone: All 2. Canopy and awning signs: Max. Area: Limited to letters or numbers no greater than 7 inches in height designating business name or addless. Max. Number: 1 per use Zone: Commercial 3. Window signs: Max. Area: 25 percent of contiguous window area or 100 square feet, whichever is less. Location: First or second Floor Only Zone: Commercial and Industrial 4. Government flags over 12 sq. ft. in area or 6 ft. in height: 16 Max. Area: Determined by Director Max. Height: 35 feet Max. Number: Determined by Director Zone: All 5. Building Identification sign: Max. Area: 36 sq. ft. Max. Height: Must be mounted at a height no less than 25 ft. Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building Identification Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building Identification Signs may be approved when signs are mounted higher than 45 ft.; (d) Building Identification Signs larger than 36 sq. ft. may not be used on properties containing freestanding signs; (e) Building Identification Signs shall not be counted towards maximum sign area; and (f) Building Identification Signs are allowed only on buildings the heights of which are no less than 35 feet.. 17 Zone: Commercial 6. Attraction Board: Max. Area: 24 sq. ft. Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument or wall sign Max. Number: l per use Location: Same as Basic Sign Program Special Conditions: Attraction Boards may be used only in conjunction with theaters. Theatre marquees may exceed one per use and a maximum of, 24 sq. ft. for wall signage to a maximum of 100 sq. ft., as shall be determined by Planning Commission. 7. Freestanding Monument: Max. Area: 24 sq. ft. Max. Number: 1 per frontage ' Max. Height: 6 feeta;4 Zone: Commercial and industrial B. Temporary: 1. Commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site Max. Freestanding Height: 6 ft. 18 SRecial Conditions: Permit valid for one year after permit issuance, may be renewed. Zone: Commercial or Industrial 2. Construction Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit for sign issued after construction permit is issued; sign must be removed upon issuance of occupancy permit. Zone: All 3. Subdivision/Model Home Sales Sign: Max. Area: 16 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per entrance Max. Freestanding Height: 4 ft. Special Conditions: Permit valid for six months, renewable. Zone: All 4. Grand opening Sign: Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use. Special Conditions: Permit valid, once a calendar year, for a maximum of 30 days 19 Zone: Commercial 5. Liquidation Sale Sign Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use special Conditions: Permit valid, once a calendar year, for a maximum of 30 days Zone: Commercial 6. special Event Sign: Max. Area: 24 sq. ft. Configuration: Wall, Window or Portable Max. Number: 1 per use Zone: All special Conditions: Permitted once per calendar year. Must be removed within ten days following special event. Permit issued not more than 60 days prior to event. Zone: Commercial 7. Temporary Holiday Lighting or Sign: Max. Area: As may be deemed to be Configuration: suitable at the discretion Max. Number: of the Planning Director special Conditions: Permit valid for a maximum of 60 days per calendar year. Maximum bulb intensity of 25 watts. Trim not to exceed -- 7" in height or width. 20 Zone: All 8. Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight permit may be used for special events such as, but not limited to, Grand Openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur within a 30 day period. Permit shall be granted one time per year. Zone: Commercial 9. Banners and inflatable Signs a. Windblown devices including but not limited to pennants, streamers, and banners, may be placed upon property commercially zoned and utilized as such, erected for the purpose of advertising a special event or or special sale, may be permitted subject to the review and approval of the Community Development Director. b. Tethered balloons and/or inflatable devices erected for the purpose of advertising a special event or special 21 sale, may be placed upon freeway oriented commercial property subject to the approval of the Community Development Director. C. All temporary signs within this section are subject to review and approval by the Community Development Director as to the sign location, design, color, size, height, and other considerations. d. The maximum sign area for banners in one (1) square foot of signage per lineal foot of property frontage. e. Tethered balloons and/or inflatable devices may not exceed a height of sixty Y-- (60) feet from grade. f. A maximum of four (4) permits may be approved for any single business location within a calendar year with the cumulative total of display days not to exceed ninety (90) days. g. No sign permitted in this Section shall restrict, pedestrian or vehicular traffic, impair motorist visibility, create a hazard, or impair the visibility of signs on or off the premises. h. Application shall be made on forms provided by the City. A fee of $25.00 22 shall be submitted with the application form to cover the cost of processing the sign permit. Additionally, the applicamt shall submit a $100.00 deposit to the City which is refunded at the termination of the permit upon Code Enforcement verification of removal. SECTION 110. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: A. Sign illumination may be approved subject to the following conditions: 1. No lighting shall interfere with traffic or regulatory lighting in color or intensity, nor create confusion for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of operation shall be restricted for sign illumination visible from, directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approved which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 125 23 sq. ft., and no freestanding sign exceeds 24 sq. ft., except as i-' stated by the provisions of this Ordinance. 2. Any two signs placed on the same frontage which taken together exceed 125 sq. ft. shall be separated by no less than one-half the length of the building frontage. C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 125 sq. ft. per use, except as stated by the provisions of this ordinance. D. Standards: 1. Wall Signs for multi -use buildings or commercial centers: Max. Area: 1.25 sq. ft. per 1 lineal foot of frontage per use to a maximum of 125 sq. ft. per street level uses plus 1 sq. ft. per 1 lineal foot of frontage per establishment up to a maximum of 125 sq. ft. for uses not located at street level which are visible from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. Max. Number: 1 per use per outer wall Location: Same as Basic Sign Program 24 special Conditions: Businesses with frontages less than 25 feet may be approved for sign area up to 30sq. ft. An additional sign may be permitted on a wall other than the wall which contains the front entrance, provided said wall faces a public right-of-way and such signage does not exceed one (1.25) square foot per linear foot of frontage for each business, to a maximum of 125 square feet. Zone: Commercial and Industrial 2. Freestanding Monument Signs for commercial centers: Max. Area: 72 sq. ft. Max. Height: 6 feet Max. Number: 1 sign per frontage along public streets. Special Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: Commercial 3. Civic Organisation Signs/Institutional Signs/Church signs: a. Freestanding Monument: Max. Area: 16 sq. ft., except that such signs may be 24 sq. ft. in any zone if said sign is located on property with frontage on a public right-of- way in excess of sixty-five (65) 25 26 feet in width. Such signs shall be located so as to be viewed from said right-of-way. Max. Height: 6 feet Max. Number: 1 per frontage along public streets Zone: All Special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs: Max. Area: 1.25 sq. ft. sign area per 1 linear foot frontage, to a maximum of 125 sq. ft. in commercial zones. 1 sq. ft. sign area per l linear r-- foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number: 1 per frontage on public streets. Zone: All SRecial Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. 4. condominium, Subdivision or Rental Community sign: Max. Area: 16 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding monument Max. Number: 1 per frontage in excess of 200 ft. 26 Zone: All Special Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental community located on the property. 5. Freeway Oriented Signs: On -Site Freestanding signs may be permitted by Conditional Use permit in lieu of wall signs which are visible from an adjoining freeway right-of-way, provided: a. Such signs are for the purpose of advertising lodging accommodations on-site. b. It can be demonstrated that wall signage for such lodging accommodations cannot be located on the building itself in a manner which is visible to motorists traveling in either direction along the freeway. C. The highest point of a freestanding sign may not exceed twenty-five (25) feet above the height of the guardrail of the freeway (excluding access ramps) as measured at the point nearest to the proposed signage. d. The maximum dimensions of the sign face of a freestanding sign shall be eight (8) feet in height and sixteen (16) feet in width. Special Conditions: If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, such uses may also be identified on the freestanding sign approved for lodging, provided that: 27 on the sign. 1. No more than one use of each type is identified 2. Changeable copy signage is not permitted. 3. The maximum size permitted for a freestanding sign is not exceeded. 4. No wall signage is constructed or is retained which is designed to be visible from the freeway for uses identified on the freestanding sign. 5. Advertising for uses engaged in the sale of food and fuel on a freestanding sign must clearly be subordinate to that of the lodging accommodations. SECTION 112. EXEMPT SIGNS A. Government required traffic and directional signs. B. Official City monument signs located at City limits. r - Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. D. Entrance/Exit Signs (wall or window): Max. Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per entrance plus 1 per exit Special Conditions: Must be consistent in color, background and lettering with other signs on the property. 28 E. Real Estate Signs: 1. Signage shall be located outside of public or private right-of-way Max. Area: 6 sq. ft. Height: 6 ft. above grade Configuration: Freestanding, window (one window sign allowed per lease space) Number: 1 per property Special Conditions: Signage shall be removed upon sale, lease, rent or withdrawal from the market of the property. May not be used in conjunction with commercial real estate signs. 2. Open House Signing a. Onsite signing: (1) Numerical limitation: not more than four pennants of not more than three square feet each. (2) Such pennants shall be permitted to be placed on the property where the open house is held. No such pennants shall be placed in center medians, over fences or in areas not deemed permitted by this subsection. (3) Such pennants are permitted only during periods when either the property owner or sales agent is present and further subject to the following time restrictions: 9:00 a.m. to 6:00 p.m. 29 (4) One (1) sign indicating that an Open House is presently occurring shall be permitted in the front or side yard setback of the property being offered. b. offsite Signing: (1) Numerical limitation: (a) Not more than two signs which direct attention to an open house, and where the sign area of each sign does not exceed three square feet when placed at the intersection of two arterial streets or the intersection of an arterial street and a local street; (b) Not more than one sign which directs attention to an open house, and where the sign area of each sign does not exceed three square feet when placed at the intersection of local streets. (2) Such signs shall not be permitted in parkway areas or tree wells. No such signs shall be placed in center medians, over fences or in areas not deemed permitted'by this subsection. (3) Such signs are permitted only during periods when either the property owner or sales agent is present and are further subject to the following time restriction: (a) 9:00 a.m. to 6:00 p.m. 30 31 (4) All such offsite signing shall conform to the provisions of this Code. F. Nameplate/Address Sign: Max. Area: 4 sq. ft. Configuration: Wall Max. Number: 2 per building Special Conditions: May be illuminated with lighting no greater than 25 watts. G. Hours of Operation: Max.Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use H. Incidental Sign: Max. Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use I. Security Protection: Max. Area: 1 sq. ft. Max. Height: 1 ft. Configuration: Wall or freestanding Max. Number: 1 per property Special Conditions: May utilize pole uprights. J. No Trespassing Sign: Max. Area: 2 sq. ft. Max. Height: 2 it. Configuration: Wall or freestanding Max. Number: 1 per property 31 Special Conditions: K. Flags: Max. Area: Max. Height: Max. Number: L. May utilize pole uprights. 12 sq. ft. per flag 6 ft. 2 per property special Conditions: Must represent government body or unit and may be pole mounted. Warning Signs as required by Federal, State or City regulations: Max. Area: 4 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding Special Conditions: May use pole uprights. M. Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. N. The following provisions shall control the placement or proposed placement of signs on public property: (1) No sign shall project over any public walkway, alley, street or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the public, no portion of any sign attached to a building and extending below a height of seven feet above ground level shall project more than six (6) inches from the face of the building. (2) No sign, other than those required for traffic safety or pursuant to law, shall be placed, located or 32 maintained upon any center median of any street, highway or other improvement intended for utilization by vehicular traffic. (3) No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street or any other public property which interferes with the construction, maintenance or repair thereof or of any facilities therein or thereon, including, but not limited to, landscape, hardscape, meters, or irrigation facilities. (4) No sign shall be affixed to any tree or other plant materials located in any public walkway, parkway, alley, street or any other public property. (5) No sign placed on public property pursuant to this Code shall contain more than six square feet of sign area. (6) Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purposes of this section, "block" shall mean that portion of a street lying between the nearest two intersecting or intercepting streets. (7) Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right of way more than 30 days prior to that date and shall be removed not later than 10 days after that date. 33 Section 114. PROHIBITED SIGNS Unless expressly permitted elsewhere in this Ordinance, the following signs are prohibited: A. Any off premises or outdoor advertising sign or billboard placed on private property for the purpose of advertising a business not on the property upon which the sign is placed. B. Flashing, moving, pulsating, or intermittently lighted signs, and electronic reader boards. C. Signs which conflict with or imitate any traffic control devices due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic. D. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. E. Loudspeakers, or signs which emit sound, odor, or visible matter other than menu boards. F. Signs with mechanical movement. G. Roof signs. H. Projecting signs. I. Permanent pole signs. J. Changeable copy signs, except theatre marquees, civic organization/institutional signs and attraction boards, as specified under the provisions of this code. K. Banners, non-governmental flags, kites, pennant, balloons, or other such advertising devices or displays. 34 L. Signs which constitute a nuisance or hazard due to such factors as location, intensity of light or reflectivity. M. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the business or property within ninety (90) days of the business, closing date. N. Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the City for the principal purpose of advertising or display. It is a prima faci violation of this section if the advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle, or if the copy is readily changeable, and if the device or structure exceeds nine (9) square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonable calculated to direct an observer towards the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle is driven to and from the business premises on a daily basis. O. Signs on any public property or projecting within the public right-of-way, except with an encroachment permit or as otherwise specified in this section. 35 P. Price signs, except as required by law as in the case of fuel sales, or as part of menu and attraction boards. Q. Any sign continuously outlined with individual light bulbs or string of lights, except as otherwise provided by this section. R. Portable signs, unless approved as Temporary Special Event Signs. SECTION 116. NON -CONFORMING SIGNS A. INTENT OF PROVISIONS. It is the intent of this Section to recognize that the eventual elimination of certain existing signs that are not in conformity with the provisions of this Section is necessary to insure that the City of Diamond Bar maintains the highest level of visual esthetics and community benefits. ^~ B. GENERAL REQUIREMENTS. The following requirements shall apply to all advertising displays which satisfy any of the criteria set forth hereinunder. A nonconforming advertising display shall be an advertising display which is not in conformity with the provisions of this Title. All nonconforming advertising displays may be required to be removed, without compensation, by the City if they satisfy any of the following criteria: 1. Any advertising display originally erected or installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 36 2. Any advertising display which was lawfully erected and whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than ninety (90) days. The costs incurred in removing an abandoned display may be charged to the legal owner. Abandoned advertising displays shall mean, for purposes of this Subsection, any display remaining in place or not maintained for a period of ninety (90) calendar days which no longer advertises or identifies and ongoing business, product, or service available on the business premise where the display is located. 3. Any advertising display which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired --. within thirty (30) days of the date of its destruction. 4. Any advertising display whose owner seeks relocation thereof and actually relocates the advertising display. 5. Any advertising display for which there is an agreement between the advertising display owner and the City or County, for its removal as of any specific date. 6. Any advertising display which is temporary. 7. Any advertising display which is or may become a danger to the public or is unsafe. 8. Any advertising display which constitutes a traffic hazard. Any on -premises advertising display which does not meet any of the above-described criteria with respect to type and 37 location shall be permitted to remain for fifteen (15) years from the effective date of the adoption of this ordinance. C. NEW PERMITS. The City shall not deny, refuse to issue or condition the issuance of a business license or a permit to construct a new legal on -premises advertising display upon the removal, conformance, repair, modification or abatement of any other on - premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply: 1. The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought. - 2. The other display is not owned or controlled 'by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display. D. ALTERATION OF NONCONFORMING ADVERTISING DISPLAYS. During the fifteen (15) year period during which a non- conforming legally in-place, on -premises advertising display may continue to be used, the City shall not deny, refuse to issue, or condition the issuance of a permit for modification or alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display and does not increase the extent of the non-conformance. 38 E. SPECIAL CIRCUMSTANCES; HEIGHT OR SIZE OF ON-SITE ADVERTISING DISPLAYS. No on -premises advertising display shall be required to be removed on the sole inexclusive basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the display. The owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this Title. —' F. ON -PREMISES ADVERTISING DISPLAY ABATEMENT. The City Council may declare, by resolution, as public nuisances and abate all illegal on -premises advertising displays located within its jurisdiction. For purposes of this Section, illegal on -premise advertising displays shall be those described in Subsection B, above. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 1. Notice of Hearing. Prior to the adoption of the resolution by the City Council, the City Clerk shall send not less than a ten (10) days' written notice to all persons owning property described in the proposed resolution. The notice shall 39 be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display. 2. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists. (a) Form of notice. Notice shall be substantially in the following form: 40 NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the day of 19_, the City Council of the City of Diamond Bar adopted a resolution declaring a resolution that an illegal advertising display is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the Office of the City Clerk. All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Diamond Bar to be held on location at a.m./p.m. at ), when their objections will be heard and given due consideration. Dated this day of 41 , 19_ Title City of Diamond Bar (b) This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council of the City of Diamond Bar. (c) Written Notice of Proposed Abatement. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning property described in the resolution. The addresses of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City Council. The notices mailed by the Clerk shall be substantially in the form of notice set forth hereinabove. G. HEARING; CONTINUANCES; OBJECTIONS; FINALITY OF DECISION; ORDER TO ABATE. 42 At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on -premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal. The decision of the legislative body is final. If objections have not been made, or after the City Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. H. ENTRY UPON PRIVATE PROPERTY. The enforcement officer may enter private property to abate the nuisance. COSTS. I. REMOVAL BY OWNER; SPECIAL ASSESSMENT AND LIEN FOR Before the enforcement officer takes action, the property owner may remove the illegal on -premises advertising display at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs. J. COST OF ABATEMENT, ITEMIZATION. 43 1. The enforcement officer shall keep an account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property where the work is done. He or she shall submit to the City Council, for confirmation, an itemized written report showing that cost. 2. A copy of the report shall be posted at least three (3) days prior to its submission to the City Council, on or near the City Council chambers door, with notice of the time of submission. 3. At the time fixed for receiving considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. K. ABATEMENT BY CONTRACT. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property acquired by Subsection J, above. L. COST OF ABATEMENT; SPECIAL ASSESSMENT AND LIEN. 1. Cost of abatement in front of or upon each parcel of property, and the cost incurred by the City in enforcing abatement upon the parcel or parcels, including 44 investigation, bond redetermination, measurement, clerical, legal, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide incumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this Section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the "— property shall be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 3. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August loth of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's Map Books for the current year. 45 4. The City shall request the County Auditor to enter each assessment on the County tax roll office at the parcel of land. The City Shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, incremental assessment of Fifty Dollars ($50.00) or more may be made in annual installments, not to exceed five (5) installments, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. The amount of any delinquent installment shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, but not to exceed six percent (6%) per annum. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, 46 collection and enforcement of County taxes apply to these special assessments. M. ISSUANCE OF RECEIPTS FOR ABATEMENT COSTS. The enforcement officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. N. REFUND OF ASSESSMENTS. The City Council may order a refund of all or part of an assessment pursuant to this Title if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the persons guardian, conservator, executor or administrator. 47