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SR-401-030 (2) PROPOSED ORDINANCE SANTA MONICA SIGN CODE 9.52.010 Sign code. The Uniform Sign Code, 1982 Edition, three copies of which are on file in the office of the City Clerk for use and examination by the public, is hereby adopted as the structural sign code for the City of Santa Monica and shall be referred to, together with all sections of this Chapter, as the Santa Monica Sign Code. If there is any conflict between the provisions of the Uniform Sign Code, 1982 Edition, and this Chapter, the provisions of this Chapter shall control. (Prior code Sec. 9900; amended by Ord. No. 1333CCS, adopted 3/12/85) 9.52.020 Findings and purpose. The City Council finds and declares: (a) An excess of large, ugly, intense signs causes a visual blight on the appearance of the City by detracting from views of structures and open space. This visual blight adversely affects the aesthetic quality of life and traffic safety in Santa Monica for residents, businesses, pedestrians, and persons in vehicles. In order to promote the appearance of the City, while protecting the rights of sign owners to expression and identification, the regulation of existing and proposed signs is necessary to protect the public health, safety and general welfare. (b) The purpose of the Santa Monica Sign Code is to encourage signs which are integrated with and harmonious to the buildings and sites which they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade, and to restrict signs which increase the probability of accidents by distracting attention or obstructing vision. (c) The Santa Monica Sign Code provides minimum standards to safeguard life, safety, property and public welfare by reviewing design and by regulating size, construction, location, electrification, operation and maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter. (d) It is the intent of the City to regulate signs consistent with California Business and Professions Code Section 5490-5497 to the maximum extent permitted by state law. (Prior code Sec. 9901; amended by Ord. No. 1333CCS, adopted 3/12/85) - 1 - 9.52.030 Definitions. The following words and phrases are used in the Santa Monica Sign Code shall have the following meanings: (a) "Abandoned Sign." A sign which no longer advertises or identifies a legal business establishment, product or activity. (b) "Alteration." Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on an attraction or reader board is not an alteration. (c) "Animated Sign." Any sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means. (d) "Area of Sign." The area included within the outer dimensions of a sign. On signs with more than one face, that face or those faces visible from any one direction at one time will be counted at one hundred percent of visible area; other faces will be counted at fifty percent of their area in calculating total sign area. In the case of a sign placed on a wall or other surface, without any border, the area shall be computed by enclosing the entire sign within two sets of parallel lines. (e) "Attraction or Reader Board." Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on the site. (f) "Awning." A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. (g) "Awning Sign." Any sign painted on or attached to or supported by an awning. (h) "Balloon Sign." A lighter-than-air gas-filled balloon tethered in a fixed location. (i) "Billboard or Poster Panel." An off-premises sign. (j) "Building Frontage." The linear dimensions of a building which faces upon a public street, projected along the street property line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage. (k) "Building Identification Sign." Any sign containing the name or address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure. (l) "Changeable Copy Sign." An attraction or reader board. (m) "Construction Sign." A nonpermanent sign identifying the persons, firms or business directly connected with a construction project. (n) "Convenience Sign." A sign which conveys information such as "no parking," "entrance," "service entrance," "restrooms," "manager," "exit," and the like, but does not contain brand, trade, or business identification and is designed to be viewed on-site or adjacent to the site by pedestrians or motorists. (o) "Emitting Sign." A sign which emits sound, odor, or visible matter such as smoke or steam. (p) "Free-Standing Sign." Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the - 2 - ground and the sign face. (q) "Grade." The level of the site at the property line located at the closest distance to the sign. (r) "Ground Sign." Any sign which is neither attached to nor part of a structure and which is permanently affixed in or upon the ground with no air space between the ground and the sign face. (s) "High Rise Sign." Any sign located on a building four (4) or more stories in height that is between the top of the parapet or high point of the building, exclusive of penthouse structures, and the horizontal line not more than fifteen (15) feet below the top of the parapet or high point of the building on the side of the building to which the sign is affixed. (t) "Holiday Decorations." Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays or holiday seasons. (u) "Illegal Sign." Any sign placed without proper approval or permits as required by the Santa Monica Municipal Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with the provisions of Sections 9.52.210 and 9.52.220 of this Chapter. (v) "Illuminated Sign." Any sign for which an artificial source of light is used in order to make readable the sign's message, including internally and externally lighted signs and reflectorized, glowing or radiating signs. (w) "Light Bulb String." A display consisting of a row or rows of bare light bulbs. (x) "Logo, Logogram, or Logotype." An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product. (y) "Marquee." A permanent rooflike shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. (z) "Marquee Sign." Any sign painted on or attached to or supported by a marquee. (aa) "Monument Sign." A ground sign having a horizontal dimension greater than its vertical dimension. (bb) "Mural." A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business. (cc) "Neon Signs." A sign with tubing that is internally illuminated by neon or other electrically charged gas. (dd) "Nonconforming Sign." A sign which was validly installed under laws or ordinances in effect at the time of its i nstallation, but which is in conflict with the provisions of the Santa Monica Sign Code. (ee) "Off-Premises Sign." Any sign normally used for promoting an interest other than that of a business, individual, products, or service available on the premises where the sign is located. - 3 - (ff) "On-Premises Sign." Any sign used for promoting a business, individual, product or service available on the premises where the sign is located. (gg) "Pole or Post Sign." A free-standing sign. (hh) "Political and Noncommercial Signs." Any sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an election or for any other noncommercial expression not related to the advertisement of any product or service or the identification of any business. (ii) "Portable Sign." Any movable sign not permanently attached to the ground or a building. (jj) "Projecting Sign." A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. (kk) "Pylon Sign." A ground sign having a vertical dimension greater than its horizontal dimension. (ll) "Real Estate Sign." Any nonpermanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information. (mm) "Revolving or Rotating Sign." An animated sign. (nn) "Roof Sign." Any sign erected upon a roof, parapet, or roofmounted equipment structure and extending above a roof, parapet, or roofmounted equipment structure of a building or structure. (oo) "Sign." Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. (pp) "Sign Cans." A sign with a metal can and an internally illuminated plastic face. A change in the face of a sign can is considered to be a change in copy and not subject to review if it affects only the message of the sign, and does not change the color of background or letters, size or location of letters, or otherwise alter the general appearance of the sign. Painted or panel signs shall be reviewed similarly to sign cans. (qq) "Sign Face." An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. (rr) "Sign Program." A coordinated program of all signs, including exempt and temporary signs for a business, or businesses if applicable, located on a development site. The sign program shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to be installed on a site. (ss) "Site." All the contiguous ground area legally assembled into one development location. (tt) "Special Event Sign." Any temporary or non-permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest. (uu) "Statue." A three (3) dimensional representation, including a sculpture. A statue that is related to the advertisement of any product or service or the - 4 - identification of any business is a sign. (vv) "Super Graphic." A painted design which covers all or a major portion of a wall, building or structure. A super graphic is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business. (ww) "Temporary Sign." Any sign which is installed for a period not to exceed thirty (30) days. (xx) "Total Sign Area." The sum of the areas of all externally viewable signs on a site, excluding the area of any signs exempt from Architectural Review Board approval under Section 9.52.130. (yy) "Upper Level Sign." Any sign mounted on a building that is placed in whole or in part between thirty (30) inches above the second floor floor line and the top of a parapet or roof line, but does not include a high rise sign. (zz) "Vehicle Sign." Any sign permanently or temporarily attached to or placed on a vehicle or trailer. (aaa) "Wall Sign." Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. (bbb) "Window Sign." Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is viewable from the exterior, including signs located inside a building but visible primarily from the outside of the building. (Prior code Sec. 9902; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.040 Sign permit. In addition to any other permit required by this Code, a sign permit shall be obtained from the Architectural Review Board prior to placing, changing, altering, or displaying any sign unless specifically exempted by this Code. No sign permit shall be required where the only work to be performed is the repair, maintenance, or replacement of a lawful and conforming sign, the repair or maintenance of a lawful nonconforming sign, or the replacement or repair of a destroyed sign except when such sign is required to be removed in accordance with Section 9.52.210(e)(3). (Prior code Sec. 9903; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.050 Fees. The City Council shall from time to time amend by resolution following a public hearing a schedule of fees for applications, permits, sign adjustments, appeals, and other approvals under this Chapter. (Prior code Sec. 9904; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.060 Sign permit application procedures. Applications for sign permits shall be made on forms provided by the Planning - 5 - Department and shall be accompanied by the following material: (a) Site Plan. Scale plans indicating the location of existing signs to be retained or removed and proposed new signs. (b) Existing Building Elevation. Scale drawings indicating locations of all existing signs on the site or building that are to be retained and indicating the location of all existing signs on the site or building that are to be removed. Dated and signed color photographs (not slide transparencies) at least three inches by three inches (3" by 3") minimum in size of all existing signs. (c) Proposed Building Elevations. Scale drawings indicating locations of proposed signs and existing signs that are to be retained on the site. (d) Sign Illustration. Scale drawing indicating dimensions, colors, materials, copy, illumination, and exterior structural fixtures of each sign on the site. (e) Sign Program. A sign program submitted in accordance with the guidelines and standards of the Architectural Review Board shall be required for all new projects and building remodels which directly affect existing signs and for any change in a sign in a multitenant building. (f) Other Information. Other information required by the guidelines and standards of the Architectural Review Board. Within six (6) months after the effective date of this Chapter, the Architectural Review Board shall prepare, and the Planning Commission shall approve, a standard application form meeting the requirements of this Section. (Prior code Sec. 9905; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.070 Review of sign permit applications. The Secretary of the Architectural Review Board shall review all sign applications to determine if the application is complete. Within thirty (30) days after receiving a completed application, the Secretary shall either approve the application pursuant to Section 9.52.110 or shall set the date for Architectural Review Board review of the application. The sign permit application shall be processed in accordance with the provisions of Section 9.32.130 of this Code. (Prior code Sec. 9906; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.080 Action on sign permit applications. The Architectural Review Board, or the Planning Commission on appeal, shall approve, approve with modification or conditions, or deny the sign permit application. A sign application for signs meeting the size, construction, location, electrification and operation provisions of this Chapter shall be approved without modifications or conditions unless the Architectural Review Board makes one or more of the following findings: (a) That the shape, design, placement, color, style or quantity of text, illumination, or reflected light of a sign or signs conflicts or interferes with traffic, both vehicular and pedestrian, from a public safety standpoint, by distracting attention or obstructing vision. - 6 - (b) That the shape, design, placement, color, style or quantity of text, illumination, or reflected light of a sign or signs is incongruous with or detracts from the distinct architectural or historic design or character of the building to which the sign is affixed or of the neighborhood in which the sign is located. (c) The sign or signs obscures other signs from primary view or dominates its immediate vicinity to such an extent as to detract from the visibility of other signs, buildings of architectural or historic significance, or public view corridors. If the Architectural Review Board denies, modifies, or conditionally approves a sign application pursuant to this Section, it shall state with particularity the aspects of the sign program that justify findings and shall afford the applicant an opportunity to submit a revised application to remedy the inadequacies of the original sign application. The Architectural Review Board shall not deny a sign application because of the contents or message of a sign or direct that the contents or message of a sign be altered or modified as a condition of approval. The Secretary of the Architectural Review Board shall certify the final action of the Architectural Review Board, or Planning Commission on appeal, on the sign permit application and when required, on any permit to be issued by the Building and Safety Division. Approval of the sign permit application does not imply approval by the Building and Safety Division from which one or more permits may also be required. The Secretary of the Architectural Review Board shall maintain a record of all applications filed under this Chapter and of all action of the Architectural Review Board or Planning Commission of such applications. (Prior code Sec. 9907; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.090 Appeal. Any decision of the Architectural Review Board under this Chapter may be appealed to the Planning Commission in accordance with the provisions of Section 9.32.160 of this Code. (Prior code Sec. 9908; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.100 Time for exercising sign permit and proof of compliance. A sign permit shall become null and void if the sign for which the approval was granted and all conditions imposed in connection with the approval have not been completed within six (6) months of issuance of the sign permit or, in the case of a sign approved for a building not yet completed, six (6) months after the issuance of the certificate of occupancy. Within thirty (30) days of the completion of the sign, the applicant shall file with the Planning Department a color photograph at least three inches by three inches (3" x 3") minimum in size showing completion of the sign or sign program in accordance with the sign permit. (Prior code Sec. 9909; added by Ord. No. 1333CCS, adopted 3/12/85) - 7 - 9.52.110 Administrative approval of sign permits. The Secretary of the Architectural Review Board or his or her designee is empowered to review and approve those signs that conform to the requirements of this ordinance and to written guidelines established by the Architectural Review Board and approved by the Planning Commission. Such guidelines shall include, but not be limited to, provisions for administrative approval in the following situations: (a) Where the sign application complies with a sign program that has been approved by the Architectural Review Board or Planning Commission in conjunction with the design review of the building to which the sign is affixed. (b) Where the sign application is for a change in the face of a sign, and does not involve alteration, additional or altered illumination, or relocation of the physical sign. (Prior code Sec. 9910; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.120 Sign adjustment. In order to encourage quality, creativity, and artistic expression, or in order to assure adequate business identification, a variance from any non-structural provision of this Chapter maybe granted upon the filing of an application for sign adjustment and subject to the following findings: (a) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed sign that do not apply generally to other signs covered by this Chapter. (b) That the granting of a sign adjustment would not adversely affect public safety or public welfare, and would not be detrimental or injurious to property and improvements in the surrounding area, and that the sign will be harmonious with the site. A sign adjustment application shall be processed in accordance with the procedures for a sign permit application. For the purposes of this Section, the prohibitions contained in Section 9.52.150 shall be deemed to be non-structural provisions of this Chapter. (Prior code Sec. 9911; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.130 Signs exempt from ARB approval. The following signs are not subject to approval of the Architectural Review Board under the provisions of this Chapter: (a) Building Identification Signs. Building identification signs not to exceed two (2) square feet in area. (b) Construction Signs. Construction signs not to exceed twenty-four (24) square feet each in area and not more than six (6) feet in height above grade and - 8 - limited to one sign for each street frontage, provided that such signs are related to a current building permit and are removed upon completion of construction. (c) Convenience Signs. Convenience signs not to exceed two (2) square feet in area for each sign. (d) Holiday Decorations. Holiday displays not to exceed a total of six (6) weeks of display during any calendar year. (e) Political and Noncommercial Signs. Political and noncommercial signs provided that they are not of the type prohibited by Subdivisions (a), (b), (c), (h), (j), (k), or (l) of Section 9.52.150. (f) Real Estate Signs. Real estate signs in a residentially zoned district which are located on the pertinent site, are not illuminated, do not exceed six (6) feet in total area and not more than six (6) feet in height; plus no more than three (3) twelve inch by four inch (12" x 4") riders, plus one "open house" sign not exceeding three (3) square feet in area, plus no more than one six inch by eighteen inch (6" x 18") pennant for each twenty (20) linear feet of street frontage. In addition, four (4) real estate off-premises directional signs not exceeding four (4) square feet in area and not exceeding six (6) feet in height is permitted per site. Real estate signs in a commercially or industrially zoned district which are located on the pertinent building, are not illuminated, do not exceed twenty-four (24) square feet each, are not higher than thirty (30) inches above the second floor line, and which are limited to one sign for each building and must be attached to the building. Properties with a lot width of fifty (50) feet or less shall be limited to sixteen (16) square feet per site for real estate signs. Real estate signs are non-permanent signs and must be removed when the advertised transaction has been completed. (g) Regulated Signs. Signs regulated by or required by any governmental agency. (h) Tablets and Plaques. Tablets and plaques of metal or stone, installed by a recognized historical agency for the purpose of identification and not exceeding twenty-four (24) inches in any dimension. (i) Temporary Window Signs. Temporary window signs not to exceed 20 percent of the first floor's total frontage glass area and limited to two (2) thirty (30) day periods in any calendar year each site. Temporary window signs shall not extend above the second floor floor line. Temporary window signs are not included in allowable sign area. (j) Theatre Sign. Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed display cases. (k) Banners, Flags and Pennants. Banners, flags, and pennants that do not directly advertise the business or activity located on the building site, provided that no more than three (3) such banners, flags, or pennants for each site are exempt under this Section. (l) Change of Copy of Billboards. The change of copy of any off-premises sign. (Prior code Sec. 9912; added by Ord. No. 1333CCS, adopted 3/12/85) - 9 - 9.52.140 Permitted signs. When reviewed and approved by the Architectural Review Board, signs shall be permitted under the following provisions: (a) Attraction or Reader Boards. Attraction or Reader Boards so long as they do not exceed 20 percent of total allowable sign area. Copy must be changed periodically during each calendar year. (b) Awning Signs. Awning signs painted or printed on the surface of the awning material. (c) Ground Signs. One ground sign for each site in the commercial and industrial districts. A monument type sign is permitted so long as it does not exceed six (6) feet in height above grade. A pylon type sign is permitted as long as it does not exceed thirty (30) inches in width and does not exceed sixteen (16) feet in height above grade. The maximum area of one side of a ground sign, including its base, is forty (40) square feet. (d) Light Bulb Strings. (e) Marquee Signs. Marquee signs that do not extend more than twelve (12) inches from the surface of the marquee, nor extend above the top of the marquee, nor provide less than eight (8) feet of clearance above ground level are permitted. (f) Special Event Signs. Special event signs other than those that require City Council Approval pursuant to Section 4.08.490 of this Code. (g) Statues. (h) Wall Signs. Wall signs so long as the display surface of the sign does not extend more than twelve (12) inches from the wall, is parallel with the wall, does not project above the top of the wall or parapet or more than thirty (30) inches above the second floor floor line in multistoried buildings, and does not contain copy or lighting on any surface parallel with the wall other than the sign face. A wall sign may be located on the sloping surface of a roof, with no air space between the roof and the sign, may not project above the high point of the roof and may not be more than twelve (12) inches in depth. (i) Permanent Window Signs. Permanent window signs so long as the sign area does not exceed 20 percent of the first floor's total frontage glass area. (Prior code Sec. 9913; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.150 Prohibited signs. The following signs, and any sign not authorized by Section 9.52.130 or Section 9.52.140, are prohibited: (a) Animated Signs. Animated signs except those displaying only cycling time or temperature. (b) Balloon Signs. (c) Emitting Signs. Emitting signs except that menu order taking signs at drive-in restaurants, automated bank tellers, and signs at drive-through banks may use sound communication. (d) Free-Standing and Pole Signs. Freestanding and pole signs except real estate signs. - 10 - (e) Miscellaneous Signs and Posters. Miscellaneous signs and posters tacked, painted, posted or otherwise affixed on the walls of a building, or on a tree, pole, fence or other structure, and visible from a public way. (f) Off-Premises Signs. (g) Paper, Cloth or Plastic Streamers and Bunting. Paper, cloth, or plastic streamers and bunting except holiday decorations and special event signs. (h) Portable Signs. (i) Projecting Signs. (j) Roof Signs. (k) Traffic Sign Replicas. Traffic sign replicas which simulate or imitate in size, color, lettering or design, any traffic control sign or signal. (l) Upper Level Signs. (m) Vehicle Signs. No person shall park any vehicle or trailer on a public right-of-way or public property or on a private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This Section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle. (n) High-Rise Signs. (Prior code Sec. 9914; amended by Ord. No. 1333CCS, adopted 3/12/85) 9.52.160 Total sign area permitted by district. (a) The total sign area factors set forth in this Section govern the aggregate square footage of all nonexempt signs externally placed or externally visible at a given site. The factors are related to the building or store frontage measured along the site street address. (b) The total operative frontage dimension for structures located on a street corner site is one and one-half times the building's address frontage. For such corner locations, no more than two-thirds of the total allowable sign area shall be permitted facing on one or the other street. (c) For all multiple-use buildings in commercially or industrially zoned districts, the size of signs pertaining to each business or use is governed by that portion of the building frontage occupied by that business or use; the total sign program is governed by the total building frontage. If in addition to any entrance from public streets there is a public entrance from an alley or from a parking lot, additional sign area of one-half square foot per foot of that building frontage is allowed on that side of the premises, not to exceed twenty square feet. If there is no public entrance, signage on that side is limited to a business identification sign, not to exceed two square feet. (d) Notwithstanding the maximum sign area calculated by use of these factors, no single sign shall exceed one hundred square feet in area at any location. (e) Notwithstanding the maximum sign area calculated by use of these factors, no business in a commercial or industrial district is required to have signage of - 11 - less than twenty-five square feet in area. (f) The maximum sign area is as follows: (1) R1--One Family Residential District. Applicable exempt signs; (2) R2R--Duplex Residential District. Applicable exempt signs; (3) R2--Multiple Residential District. A maximum of one-fourth square foot of sign area for each linear foot of building frontage with the total nonexempt sign area not to exceed twenty-five square feet. Externally illuminated signs are permitted for the purpose of building name and address identification; (4) R3--Multiple Residential District. A maximum of one-fourth square foot of sign area for each linear foot of building frontage with the total nonexempt sign area not to exceed twenty-five square feet. Externally illuminated signs are permitted for the purpose of building name and address identification; (5) R4--Multiple Residential District. A maximum of one-fourth square foot of sign area for each linear foot of building frontage with the total nonexempt sign area not to exceed twenty-five square feet. Externally illuminated signs are permitted for the purpose of building name and address identification; (6) Hotels in R-4 Multiple Residential District. A maximum of one square foot of sign area for each linear foot of building frontage. Internally illuminated signs are permitted; (7) CA--Commercial Administrative District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (8) CP--Commercial Professional District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (9) C2--Neighborhood Commercial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (10) C3--Central Business Commercial District. For other than street corner locations, a maximum of one square foot of sign area for each linear foot of building or store frontage. For street corner locations, a maximum of one square foot of sign area for each linear foot of building or store frontage for each street facing frontage. The provisions of Section 9.52.160(b) shall not apply; (11) C4--Highway Commercial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (12) C4A--Limited Highway Commercial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (13) CM--Main Street Special Commercial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (14) CR--Commercial Recreation District. As determined by the Architectural Review Board; (15) M1--Limited Industrial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (16) M2--Industrial District. A maximum of one square foot of sign area for each linear foot of building or store frontage; (17) R1A, R2A, R3A and R4A--Off-Street Parking Districts. The same as the sign requirements in the appropriate adjacent residential district. (Prior code Sec. 9915; amended by Ord. No. 1333CCS, adopted 3/12/85) - 12 - 9.52.170 Bayside District Specific Plan area. The standards for signs contained in the approved Bayside District Specific Plan shall prevail over conflicting provisions contained in Sections 9.52.130, 9.52.140, 9.52.150, and 9.52.160 with respect to signs on buildings located within the Bayside District Specific Plan area. (Prior code Sec. 9916; amended by Ord. No. 1333CCS, adopted 3/12/85; Ord. No. 1841CCS Sec. 4, adopted 2/13/96) 9.52.180 Maintenance. All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. (Prior code Sec. 9917; amended by Ord. No. 1333CCS, adopted 3/12/85) 9.52.190 Consent of property owner. No person, except a public officer or employee in the performance of a public duty, or a private person in the giving of a legal notice, shall paste, post, paint, print, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property, without the written consent of the owner, holder, lessee, agent or trustee thereof. (Prior code Sec. 9918; amended by Ord. No. 1333CCS, adopted 3/12/85) 9.52.200 Signs on street. (a) No person shall erect, suspend or maintain a sign on, across, or above any street, alley or public place, or any portion thereof, except as provided in this Code. (b) Nothing in the Santa Monica Sign Code shall be deemed or construed to prohibit, upon this issuance of the permits required herein, the erection, suspension, or maintenance of any such sign within or at the recognized boundary of the City, on, across, or above any such streets, alleys, or public places or any portion thereof, such signs to bear exclusively the name of such City and any appropriate words of welcome, or information concerning said City, without the addition of any words, advertising, figure or devices of any kind. (c) The City Council may by motion grant a permit to erect a sign over any street within the City upon such terms and conditions as the permit may prescribe and the person receiving such permit may construct and maintain a sign in conformity with the terms and conditions of said permit. This subsection shall extend only to signs that benefit the property of more than one person. (Prior code Sec. 9919; amended by Ord. No. 1333CCS, adopted 3/12/85) - 13 - 9.52.210 Removal or modification of prohibited nonconforming signs. Signs that have been lawfully placed before the effective date of this Chapter and are not in conformance with the provisions of this Chapter shall be removed or where applicable, modified to conform to the requirements of this Chapter, in accordance with the following schedule: (a) Animated signs and emitting signs shall be stopped from such activity within six months from the effective date of this Chapter. (b) Balloon signs; temporary signs and posters that are visible from a public way; paper, cloth or plastic streamers, flags, pennants and bunting; portable signs; vehicle signs that are not in conformance with Section 9.52.150(m) of this Chapter; and temporary window signs above the first story level shall be removed within six months from the effective date of this Chapter. (c) Traffic sign replicas shall be removed or modified to comply with the provisions of this Chapter within six months from the effective date of this Chapter. (d) Free-standing, roof, upper level, projecting and off-premises signs, including those but excluding signs that have signs which were previously animated or emitting signs, been designated as meritorious, shall be removed or modified to conform to the requirements of this Chapter within fifteen years from the effective date of this Chapter. (e) Notwithstanding any other provision of this Section, any nonconforming sign that would otherwise be prohibited by this Chapter shall be removed or modified to conform to the requirements of this Chapter upon any of the following: (1) If the owner, outside of a change in copy, requests permission to remodel a sign, including the replacement of electrical parts and tubing of a neon sign involving a change in the external appearance or intensity of illumination of the sign, or expands or enlarges the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds fifty percent of the cost of reconstruction of the building. For purposes of this subsection, remodel does not include normal repair or maintenance of a sign. (2) If the owner seeks relocation of the sign. (3) If the sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the display is not repaired within ninety days of the date of its destruction. (4) If the City and the owner of the sign agree to its removal on a given date. (5) If the use of the sign has ceased, or the structure upon which the sign is located has been abandoned by its owner, for a period of not less than ninety days. (6) If the sign is or may become a danger to the public or is unsafe as determined by the Building Officer. (7) If the sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City, as determined by the Director of General Services. (f) The time period to conform to the requirements of this Chapter shall not be extended because of any repair, maintenance or other permitted remodeling or alteration of a sign. (g) An extension of time to remove or modify any nonconforming sign subject to this Section may be requested by filing an application on the form approved by the Secretary of the Architectural Review Board and in accordance with the procedures for a sign permit - 14 - application. The application may be granted only upon a finding that the time for removal or modification set forth in this Section does not provide for a reasonable amortization period commensurate with the investment involved. An application for an extension under this Subdivision shall be made within two years after the effective date of this Chapter. (h) Notwithstanding any other provision of the associated enterprise or occupant has this Section, this Section shall not apply to any sign that may not be removed pursuant to the provisions of Business and Professions Code Section 5412.5 but only during the period of time that Business and Professions Code Section 5412.5 remains in force and effect. (Prior code Sec. 9920; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.220 Building officer's powers. The Building Officer shall have and is hereby granted the power and authority to revoke any sign permit granted hereunder if the sign does not meet all specifications or requirements indicated on the approved permit application and on the approved plans. (Prior code Sec. 9921; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.230 Enforcement. (a) The Building Officer and Zoning Inspector are hereby granted the power and authority to issue a Notice of Violation to the sign owner or to the sign owner's agent or manager for any sign maintained in violation of any provision of this Chapter. Action to correct such violation issued by either the Building Officer or Zoning Inspector shall be commenced by the sign owner or the sign owner's agent or manager within thirty days of the issuance of the Notice of Violation. Proof of the commencement of action to correct the violation must be furnished to the officer issuing the notice or his or her representative within thirty days of the issuance of the Notice of Violation. (b) If the sign owner, or any person responsible for the sign, fails to respond to the Notice of Violation within thirty days or fails to correct the violation within sixty days, the owner of the premises upon which the sign is located shall be responsible for the removal of the sign and the work shall be done within sixty days following the Notice of Violation. The Building Officer may cause the removal of the sign in accordance with the abatement procedures set forth in either Section 7.48.010 or Section 8.04.030 of this Code. (c) Any signs in conformance with this Code pertaining to enterprises or occupants that are no longer utilizing the site shall be removed from the site or shall have the copy/text obliterated from such signs upon the expiration of ninety days after the associated enterprise or occupant has vacated the premises. Any such sign not removed or modified within the required period shall be considered as abandoned and shall be removed by the Building Officer in accordance with the abatement procedures set forth in either Section 7.48.010 or Section 8.04.030 of this Code. (d) Any nonconforming signs pertaining to enterprises or occupants that are no longer utilizing the site shall be removed from the site upon the expiration of ninety days after the associated enterprise or occupant has vacated the premises. Any such sign not removed within the required period shall be considered as abandoned and shall be removed by the Building Officer in accordance with the abatement procedures set forth in either Section 7.48.010 or Section 8.04.030 of this Code. - 15 - (e) A sign removed by the City shall be held for not less than thirty days by the City during which time it may be recovered by the owner upon payment to the City for removal and storage costs. If not recovered prior to the expiration of the thirty days period, then the sign shall be sold in accordance with the procedures for sale of unclaimed property. The proceeds of the sale, less removal, storage, and sale costs, shall be paid to the owner thereof. (f) The provisions of this Section may be utilized separately from, as an alternative to, in addition to, or in conjunction with any other remedy provided by law. (Prior code Sec. 9922; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.240 Sign handbook. Within six months after the effective date of this Chapter, the Architectural Review Board shall prepare, and the Planning Commission shall approve, a handbook for distribution to the public on the requirements of this Chapter. (Prior code Sec. 9923; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.250.1 Meritorious Signs-Purpose. Meritorious sign designation is intended to allow nonconforming signs that otherwise would be required to be removed per Section 9.52.210(d) to remain if the sign or the establishment associated with the sign are determined to have historical or cultural significance to the City of Santa Monica. 9.52.260 Meritorious Sign Review Board A Meritorious Sign Review Board is hereby established which shall consist of five (5) members appointed by the City Council. In the event a vacancy occurs during the term of Board, the Council shall appoint a replacement member. The Board shall be disbanded following creation of the final Meritorious Sign List. 9.52.270 Meritorious Sign Criteria The Board may consider for designation any sign found to be nonconforming under Section 9.52.210(d) that has been legally erected prior to April 1985 after consideration of whether the following criteria and findings are complied with: The sign must fall under one of the following two categories: 1) Historically significant 2) Contemporary culture - 16 - 9.52.280 Procedure for Review The Meritorious Sign Review Board shall conduct all meetings following Robert’s Rules of Order. The Board shall review a draft list of meritorious signs prepared by staff at a public hearing. Any Boardmember or member of the public may nominate a sign for consideration. Consideration of a specific sign for further analysis must be approved by a majority of the Boardmembers in attendance. Any additions or subtractions to or from the list must be approved by a majority of the Boardmembers in attendance. The Board shall adopt a final list of designated Meritorious Signs. This list shall be appealable to City Council. 9.52.310 Appeals A business or property owner or any other interested person may appeal the Meritorious Sign List to City Council. Any appeals of the Meritorious Sign list must be filed within 14 days of the date that such ruling is made and must be accompanied by the fee established by XXXX. The Council shall hear/review all appeals at the same time at the earliest practical date. The decision of the Council upon such appeal shall be final. 9.52.320 Limit to Review of Sign Adjustments for Nonconforming Signs No applications for sign adjustments may be accepted to request retention of any nonconforming signs subject to Section 9.52.210 after March 1, 1999. f:plan/share/council/strpt/signamend-1.doc - 17 -