SV-9 Spanish Valley Sign and Display Requirements

An Ordinance Creating the Spanish Valley Sign Requirements of the San Juan County Land Use Ordinance for the purpose of managing the design and implementation of signs and displays in the non-federal lands in northernmost portion of the San Juan County Spanish Valley. The ordinance applies to all lands in the Spanish Valley, as indicated in the Spanish Valley Zoning Map. Purpose Definitions Application and Enforcement Specific Regulations by Spanish Valley Zoning District Design Standards for Commercial Signs General Conditions Maintenance of Legal Non-conforming Signs Non-conforming Signs Prohibited Signs Variances and Appeals Safety and Livability Considerations Purpose It is in the best interest of the health, safety and welfare of the citizens of San Juan county and the Spanish Valley to regulate signage and advertising, the following regulations are created to • eliminate potential hazards to motorists and pedestrians; to encourage signs which are integrated with and harmonious to the buildings, setting and sites which they occupy; • encourage legible signage through the use of excessive and confusing sign displays, thus reducing driver inattention; • preserve and improve the appearance of the Spanish Valley as a place in which to live and to work, and to create an attraction to non-residents who come here to visit or trade; • allow each individual business to clearly identify itself and the goods and services which they offer; to safeguard and enhance property values; and • protect public and private investment in buildings and open space; and Definitions The change or rearrangement in the structural part of its design, whether by extending on a side, increasing in area, width or height, or moving from one location or position to another. Awning A roofed structure constructed of fabric or metal placed so as to extend outward from the building providing a protective shield for doors, windows and other openings with supports extending back to the building, supported entirely by the building. Building, Front Line of The line of that face of the building or structure nearest the front line of the lot. This face includes sun parlors, bay windows, covered and/or uncovered porches, whether enclosed or unenclosed, but does not include uncovered steps less than four feet (4') above grade and eaves overhanging less than two feet (2'). Building Line A vertical surface intersecting the ground along a line at which the front of the building occupies the lot on which it is constructed. Code Enforcement Officer The appropriate officer(s) employed by the San Juan County authorized to enforce this chapter. Electronic Message Center (EMC) Any sign, or portion thereof, that displays electronic images, graphics or pictures, with or without textual information. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights, including light emitting diodes (LEDs), fiber optics, plasma displays, light bulbs, or other illumination devices within the display area where the message is displayed. EMS includes computer programmable, microprocessor controlled electronic or digital displays. Electronic Message Sign View Area The view area for any EMS shall be measured as follows: beginning from the outside edge of the sign face, measure one hundred fifty feet (150') to each side, then measure at a ninety degree (90°) angle three hundred feet (300') in the direction that the sign is facing, and ninety degree (90°) angle until the two (2) lines intersect. Face of Sign The entire area of a sign upon, against or through which any copy, electronic images, graphics or pictures, with or without textual information is placed. Lot, Corner A lot abutting on two (2) intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°). Marquee A sign designed and constructed for the purpose of changing the message regularly by movable letters or electric means. Monument Sign A sign whose base is approximately seventy-five percent (75%) of the width of the sign and is permanently set on the ground and has an opaque pedestal as part of the sign foundation which conceals any pole support. Upon approval of the community development director, and where pole supports are not visible, the opaque pedestal may be omitted. Nonconforming Sign A sign or sign structure or portion thereof lawfully existing at the time this chapter or amendment thereto, became effective, which does not conform to all height, area and yard regulations prescribed in the zone in which it is located, or other regulations of this chapter. Point of the Beginning or End of Pavement Widening Ending of pavement widening is that point when the pavement of an interstate highway acceleration or entrance lane fully narrows to the normal width of the main travel lanes. Beginning of pavement widening is that point when the pavement of an interstate highway deceleration or exit lane begins to widen from the normal width of the main travel lanes. Sign Means and includes every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, object, device, medium, conveyance or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service. The definition of “sign” shall also include the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. This does not include any flag, badge or ensign of any government or governmental agency erected for and used to identify said government or governmental agency. Sign, A-frame A temporary and/or movable sign constructed with two (2) sides attached at the top so as to allow the sign to stand in an upright position. Sign, Animated A sign which involves motion or rotation of any part by mechanical or artificial means or displays flashing or intermittent lights, time, temperature and electronic type message center. Sign Area The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double faced sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than forty-five degrees (45°). In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign, Electronic Display Screen Any sign or portion of a sign that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays. Sign, Electronic Message Center Any sign or portion of a sign, that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed. Sign, For Sale A temporary sign placed on a lot offering that specific property for sale, lease or rent, and limited to twelve (12) square feet in sign area. The on premises sign may advertise a model home or open house. Sign, Freestanding A sign supported by a fixed permanent frame or support in the ground. Sign, Illuminated A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper. Sign, Lighted A sign made legible in the absence of daylight by devices which reflect or project light upon it. Sign, Low-Profile On premises or identification signs having a maximum height of six feet (6'), incorporated into some form of landscape design scheme or planter box. Sign, Off-Premises advertising sign which directs attention to a use, product, commodity or service not related to the premises. Sign, Projecting A sign attached to a building or other structure and extending in whole or in part more than twenty four inches (24") beyond any wall of the building or structure. Sign, Property A sign related to the property upon which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing. Sign, Roof A sign erected partly or wholly on or over the roof of a building, including ground supported signs that rest on or overlap a roof twelve inches (12") or more. Regulations and Enforcement A. Compliance Required: Except as provided in this chapter, no sign shall be erected, raised, moved, extended, enlarged or altered, or have the text of the sign changed, except in conformity with the regulations herein specified for the zone in which it is located. B. Construction Standards: All signs hereinafter erected in the county shall comply with current standards of the national electrical code, all provisions of this chapter and other applicable ordinances of the county. All component parts shall be equal to Underwriters Laboratories labeled products. C. Enforcement: The code enforcement officer shall be vested with the duty of enforcing the zoning ordinance and in performance of such duty, he shall be empowered and directed to: 1. Issue Permits: Issue permits to construct, alter or repair signs which conform to the provisions of this chapter. 2. Determine Conformance: Ascertain that all signs, construction and all reconstruction or modification of existing signs are built or constructed in conformance to the zoning ordinances, building restrictions and building codes. 3. Issue Citations and Complaints: Issue citations and/or complaints against violators of this chapter. D. Inspections: The code enforcement officer shall make an initial inspection upon the completion of construction, erection, re-erection or remodeling of any sign for which a permit has been issued and an inspection request is made. E. Sign Classification: Every sign erected or proposed to be erected within the county shall be classified by the code enforcement officer in accordance with the definitions of signs contained in Penalties section of this chapter. Any sign which does not clearly fall within one of the classifications shall be designated to the classification that it most nearly approximates in the opinion of the code enforcement officer in view of its design, location and purpose. F. Legal Action: The code enforcement officer shall be empowered to institute appropriate action or proceedings in any case where any sign is erected, constructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any county ordinance, including, but not limited to, the zoning ordinance, to accomplish the following purpose: 1) to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; and 2) to restrain, correct or abate such violation. 1. Issue Notice of Violation: The code enforcement officer will cause a notice of violation to be issued to the person having charge or control or benefit of any sign found by him to be unsafe or dangerous or in violation of the zoning ordinances of the county. 2. Abate And Remove Unsafe Or Dangerous Sign: If an unsafe or dangerous sign is not repaired or made safe within five (5) working days after giving said notice, the code enforcement officer shall have the right to at once abate and remove said sign, and the person having charge, control or benefit of any such sign, shall pay to the county within thirty (30) calendar days after written notice is mailed to such person, the costs incurred in such removal. 3. Abate And Remove Illegal Sign: If an illegal sign is not made conforming within thirty (30) calendar days after giving said notice, the code enforcement officer shall have the right to at once abate and remove said sign, and the owner or person having charge, control or benefit of any such sign, shall pay to the county within thirty (30) calendar days after written notice is mailed to such person, the costs incurred in such removal. 4. Immediate Removal Authorized: In the case of an unsafe or illegal sign that is either an immediate hazard or whose primary purpose will have been served, at least in part, before the expiration of the notice period required herein, the code enforcement officer may effect an immediate removal without notice, subject to a subsequent right of hearing by the person receiving benefits therefrom. 5. Notice Of Non-maintained Abandoned Sign: The code enforcement officer shall require each non-maintained or abandoned sign to be removed from the building or premises when such sign has not been repaired or put into use by the owner, person having control or person receiving benefits of such structure within thirty (30) calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving benefit of such structure. 6. Notification: Notification by the county to persons having charge or control or benefit of any sign found by the code enforcement officer to be unsafe or dangerous or in violation of the zoning ordinance of the county and where the county is contemplating removal of said sign, shall be accomplished by the county utilizing written notice sent according to the administrative code enforcement ordinance. 7. Penalty as Alternative: The code enforcement officer shall have discretionary right to enforce removal or alteration of an unsafe or illegal sign by applying the penalty as provided in the Penalties section of this chapter as an alternative to the abatement procedures as provided. G. Right of Appeal: Any person who has been ordered by the code enforcement officer to alter or remove any sign, or any person whose application for a sign permit has been refused, may appeal to the Planning Commission by serving a written notice to the county within ten (10) days of the order of the code enforcement officer. Such notice shall be considered by the Planning Commission at its next regularly scheduled meeting. Upon filing of said notice of appeal, the code enforcement officer shall take no further action with regard to the removal of the sign involved until the final decision of the Planning Commission on the appeal is known, unless the code enforcement officer finds that the sign involved, by reason of its condition, presents an immediate and serious danger to the public, or comes within the provisions of subsection F4 of this section, in which case he shall proceed immediately as provided in this chapter. H. Application Requirements: All applications for sign permits shall be accompanied by a plan and elevation drawing. The drawings shall be provided digitally in PDF format in a minimum 8 1/2" x 11" format. The plat information shall include sufficient information so that the code enforcement officer can determine whether the proposed sign conforms with the provisions of this chapter. 1. Plot Plan Requirements: Specifically, the plat shall show the size of the sign and its location relationship to the following features of the site: • Property lines; • Existing and proposed buildings or other structures; • Control curbs; • Parking areas. 2. Elevation Drawing Requirements: Specifically, the elevation drawing shall show the following information: • Type of sign; • Sign display; • Sign height; • Sign area. I. Sign Permit Required: It shall be unlawful for any person, whether acting as owner, occupant or contractor, or otherwise, to erect, construct, reconstruct, enlarge, locate or alter any sign within the county without first obtaining a sign permit from the county unless exempted from this requirement in this chapter. J. Fee Schedule: A fee as established by the County Commission shall be paid to the county for each sign permit issued under this chapter. The fee will cover the cost of issuance, including the inspection tag. Specific Regulations by Specific Spanish Valley Zoning District No person shall install or maintain any sign in the county in the following Spanish Valley Zoning District except as herein provided. Signs not allowed in the following subsections are specifically prohibited: A. Spanish Valley Residential District The following provisions regulate signs in the Spanish Valley Residential District. 1. Low Profile Signs: Two (2) permanent low profile identification signs which state the official name of the residential subdivisions with will be allowed for residential developments; provided, that these signs conform to the following regulations: • Shall be located at the entrance of the residential subdivision and be a minimum of ten feet (10') from front property lines. • Shall be incorporated into a landscape design scheme. • Shall be limited to a maximum of three feet (3') in height from finished grade. • Shall be limited to sixteen (12) square feet in area for each sign. • Shall be limited to only two (2) signs per subdivision. • Shall contain no animation. • May not be illuminated. 2. Promotional Signs for Residential Developments: Promotional signs shall be allowed for residential developments to promote, market and advertise the entire development offering the property for sale and providing pertinent sales information to the public. Promotional signs are not allowed for the sale of individual lots, homes, or a portion of the development. • Signs shall not exceed six feet (6') in height and must be located within the boundaries of the development a minimum of ten feet (10') from a street, shall not project into or be installed on any public right-of-way and shall not be located within required intersection clear view zones. The signs shall be temporary and shall be removed when all original lots have been sold. • Residential developments may have up to two (2) signs offering the project for sale or inspection by the public. 3. Property Signs; For Sale, Lease, Or Rent: One temporary on-premises sign identifying the lot or offering the premises for sale, lease, rent, or inspection by the public is permitted and shall not exceed twelve (12) square feet in size. Such sign may be double faced or may be a movable freestanding sign and includes advertising for a model home or an open house at the premises. B. Spanish Valley Planned Community, Highway Commercial and Flex Districts The following provisions regulate signs apply to residential developments in the Spanish Valley Planned Community and Flex Districts. 1. Low Profile Signs: Two (2) permanent low profile identification signs which state the official name of the residential subdivisions with will be allowed for residential developments; provided, that these signs conform to the following regulations: • Shall be located at the entrance of the residential subdivision and be a minimum of ten feet (10') from front property lines. • Shall be incorporated into a landscape design scheme. • Shall be limited to a maximum of three feet (3') in height from finished grade. • Shall be limited to sixteen (12) square feet in area for each sign. • Shall be limited to only two (2) signs per subdivision. • Shall contain no animation. • May not be illuminated. 2. Promotional Signs for Residential Developments: Promotional signs shall be allowed for residential developments to promote, market and advertise the entire development offering the property for sale and providing pertinent sales information to the public. Promotional signs are not allowed for the sale of individual lots, homes, or a portion of the development. • Signs shall not exceed six feet (6') in height and must be located within the boundaries of the development a minimum of ten feet (10') from a street, shall not project into or be installed on any public right-of-way and shall not be located within required intersection clear view zones. The signs shall be temporary and shall be removed when all original lots have been sold. • Residential developments may have up to two (2) signs offering the project for sale or inspection by the public. 3. Property Signs; For Sale, Lease, Or Rent: One temporary on-premises sign identifying the lot or offering the premises for sale, lease, rent, or inspection by the public is permitted and shall not exceed twelve (12) square feet in size. Such sign may be double faced or may be a movable freestanding sign and includes advertising for a model home or an open house at the premises. The following provisions regulate signs located in non-residential developments in Planned Community, Highway Commercial and Flex Districts 1. Freestanding Signs: Freestanding signs are permitted subject to the following provisions: • Number: Each parcel of property or commercial complex may have one freestanding sign. One additional freestanding sign is permitted if the property or complex has more than three hundred feet (300') of frontage on a dedicated public street. Where two (2) or more freestanding signs are constructed, they shall be separated by at least one hundred feet (100'). The second pole sign shall not be higher than seventy percent (70%) of the allowed height of the first sign. A third freestanding sign is allowed for properties with more than six hundred feet (600') of frontage on a dedicated street. The fourth freestanding sign, or additional freestanding signs, must be approved by the Planning Commission. • Location: Freestanding and projecting signs shall not project into or over any public street right-of-way. Projecting signs may project a maximum of four feet (4') from the building provided such projecting sign has a minimum ground clearance of ten feet (10') over any sidewalk or street right-of-way. Also, awning signs within the downtown historic district may project over the street right-ofway provided there is a minimum ground clearance of eight feet (8'). • Height: Freestanding signs shall not exceed the following heights: o Signs located within five hundred feet (500’) of US-191 shall not exceed thirty-feet (30') in height. § Where two (2) or more pole type signs are allowed, subsequent signs shall not exceed seventy percent (70%) of the allowed height of the main sign. o The height of signs located on all other streets shall not exceed ten feet (10') from the adjacent natural grade. o Where the natural grade at the sign location is below the curb elevation, the height may be measured from the curb height, provided the overall sign height is not increased by more than five feet (5'), and the sign is within thirty feet (30') of the curb or right-of-way boundary. • Size: The area of freestanding signs shall not exceed the following: o Single tenant freestanding signs within 500’ of US-191 shall not exceed seventy-five (75) square feet or one square foot of sign area per linear foot of street frontage up to one hundred twenty (120) square feet maximum per sign face. o Multi-tenant signs may have one and one-half (1 1/2) square feet of sign area per linear foot of street frontage up to two hundred (200) square feet maximum. A single multi-tenant sign may be allowed up to three hundred (300) square feet if the following occurs: § The sign permit is approved subject to a condition which precludes the installation of another freestanding sign; and § The sign area does not exceed one and one-half (1 and 1/2) square feet per linear foot of street frontage.US-191 may have two (2) square feet of sign area per linear foot of street frontage, up to three hundred (300) square feet maximum. o On corner lots, the street frontage used to determine size of the primary sign shall be limited to the street upon which the building fronts. Measurement of the street frontage shall include the actual frontage measured to the midpoint of the corner radius. A secondary sign may be allowed on the side street, and its size shall be based on the frontage of the side street. 2. Animated Signs: Animated signs are not be permitted 3. Entrance and Exit Signs: One entrance and exit sign shall be permitted at each driveway entering or leaving the premises. Such signs shall not exceed six (6) square feet in area nor be more than four feet (4') in height from the ground. 4. Wall Signs: Wall signs which are permanently attached or painted with a projection of less than twenty four inches (24"), shall be permitted; provided, that the area of any such sign shall not exceed twenty percent (20%) of the face of the front wall to which it is attached, nor more than ten percent (10%) of the face of a side or rear wall; and further provided, that it does not rise above the roofline or parapet wall. 5. Property and Project Construction Signs • No more than two (2) signs offering the premises for sale, lease or inspection by the public shall be permitted; provided, that the total area of each sign does not exceed thirty-two (32) square feet. Said signs may be modified to indicate that the property has been sold. • A project construction sign or “coming soon” promotional sign of up to sixty-four (64) square feet may be allowed within sixty (60) days of obtaining a building permit for such project. Such sign shall be removed within one year from the date the sign was erected. 6. Premises Signs: Off-premises signs are not be permitted. 7. Roof Signs: Roof signs shall conform to the following provisions: • Roof signs shall not be higher than the roofline or parapet wall and shall not be larger than twenty percent (20%) of the wall face of the building. • All roof signs shall be installed or erected in such a manner that the support structure or brace is covered and screened from public view to the extent reasonable to do so. • Roof signs shall not be animated. 8. Projecting Signs: Projecting signs attached to a building shall comply with the following conditions: • Signs projecting over public property may not project more than four feet (4') from a wall of a building, nor project closer than three feet (3') to the back of the curb. A minimum clearance of ten feet (10') above the sidewalk must be maintained. • Signs projecting over private property may not project more than six feet (6') from a wall of a building. • Signs shall not extend above the roofline. • No more than one projecting sign per tenant space and only at the ground level of the building. • The maximum sign area for projecting signs shall be one square foot of sign area for each linear foot of building frontage up to a maximum of thirty two (32) square feet per sign face (64 square feet maximum for both sides of a projecting sign). 9. Special Standards: The following special standards for commercial signs shall apply for all signs more than 500’ from US-19. • Freestanding Signs; Design Standards: Freestanding signs are hereby limited to monument and low profile pole type signs with the following design standards: o Height: The maximum height of the sign shall not exceed ten feet (10') from adjacent natural grade. Where the natural grade at the sign location is below the curb elevation, the height may be measured from the curb or adjacent roadway height, provided the overall sign height is not increased by more than five feet (5'), and the sign is within thirty feet (30') of the curb. o Size: A monument or low profile pole type sign shall be limited in size to seventy-five (50) square feet for properties with up to one hundred feet (100') of frontage on a public road. An additional one square foot of sign area may be allowed for each additional two feet (2') of public road frontage up to a maximum size of one hundred twenty (90) square feet per sign o Location: Signs must be located on private property and not within any public right-of-way. Signs shall not obstruct visibility at driveway entrance and exits, intersections and other points along the roadway. o Number: Each parcel of property or commercial complex may have one monument or low profile pole type sign. One additional monument or low profile pole type sign is permitted if the property has more than two hundred feet (200') of frontage on a public street. Where two (2) freestanding signs are constructed, they shall be separated by at least one hundred feet (100'). A third monument or low profile pole type sign is allowed for properties with more than four hundred feet (400') of frontage on a dedicated public street, and a fourth monument or low profile pole type sign is permitted for properties with six hundred (600) or more feet of public road frontage. o Sign Materials: Sign materials shall be similar to or compatible with the structure which they identify. Signs shall be constructed predominantly of natural materials such as redwood, ceramic tile, masonry, stucco, stone, weathering steel or materials which simulate the referenced materials. o Color: Bright day-glow or fluorescent colors are prohibited. Letters should provide sufficient contrast to be easily legible. Overall color schemes should complement the color scheme of the building. Registered national trademarks are permitted as part of the sign. 10. Entrance, Exit Signs; Roof Signs and Projecting Signs: Entrance and exit signs, wall signs, roof signs and projecting signs are permitted subject to provisions contained elsewhere in this chapter. Design Standards for Commercial Signs A. Pole Sign Design Standards: The following design standards are mandatory: 1. Sign Cabinets: Sign cabinets shall be integrated into a uniform sign, rather than added to a pole in an ad hoc manner. The modification or addition of a sign cabinet to an existing pole sign with two (2) or more independent sign cabinets shall be subject to review and approval by the community development director, who may at his/her discretion, refer the permit to the Planning Commission for approval. 2. Painted Plywood Signs: Plywood signs are not permitted for permanent signs, unless approved by the Planning Commission. Sandblasted wood signs are permitted provided they are not higher than ten feet (10'), subject to review and approval by the community development director. 3. Cladding: All poles supporting signs shall be cladded as a means to improve the appearance of the sign by: o Proportionately increasing that portion of the structure that anchors the sign to the ground; and o Providing a material on the support structure that complements the building architecture. o Cladding shall primarily be wood, stucco, brick, or rock, duplicating materials which are used on the main building. Metal products may be used if the metal replicates the appearance of a natural material. o Cladding is not required, if in the opinion of the community development director, the sign contains unique elements that result in a creative flair or defines a product or service with unique design, and the cladding would detract from the creativity of the design. 4. Pole Transition: There shall be a transition between the pole and sign it supports, wherein the cladded pole(s) is widened at the base of the sign to at least fifty percent (50%) of the width of the sign it supports. (See exhibit A attached to the ordinance codified herein.) A transition is not required, if in the opinion of county planning staff, the sign contains design elements which serve a similar purpose and results in an aesthetic sign. 5. Sign Colors: The exterior surface of the sign structure and frame (excluding sign face), shall have colors similar to the adjacent building or have earth tone colors including black, browns and grays. 6. Landscaping: Landscaping shall be provided at the base of the sign at a ratio of ten (10) square feet for every one-foot (1') of sign width, with fifty percent (50%) of the landscaped area containing live plant material. The plant materials used shall be expected to mature to heights of one foot (1') or greater. Where a hardship can be demonstrated, the Planning Commission may modify or waive this requirement. 7. Flag Lots: Businesses on flag lots (i.e., lots with narrow frontage on a public road compared to overall lot size) may be allowed a pole sign larger than the minimum size of seventy-five (75) square feet, provided the Planning Commission determines that the size of the sign is in harmony with the intent of this chapter and the size is in keeping with the building and lot size. B. Sign Guidelines: The following guidelines are desired and encouraged, but are not mandatory: 1. Theme and Plan: Where feasible, signs shall be incorporated into a landscape theme and be part of an overall design plan for the property. Aesthetic appeal is a high priority. 2. Height: As a general principle, signs should be no higher than the adjacent building for which it advertises. However, along US-191 the sign may be taller than the adjacent building in order to provide better visibility but shall not be higher than the maximum height limits set forth in this chapter. General Conditions A. Signs Not To Constitute Traffic Hazard: No sign or other advertising structure shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of the words “stop,” “drive in,” “danger” or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic. In general, no sign shall be placed within a triangular area with legs thirty feet (30') in length measured along the property lines at a corner. B. Awnings Over Public Property: Awnings over public property shall conform to all provisions of the International Building Code governing such structures. It shall maintain a minimum eight foot (8') clearance above the sidewalk or public property and shall have no signs affixed to the awnings or their supports. C. Temporary Signs: 1. Any sign, banner, or advertising display intended to be displayed out of doors for promotional or other temporary use, shall be considered to be a temporary sign and shall be permitted subject to all provisions of this chapter and provisions contained in the county temporary banner policy. 2. Banners shall be allowed according to the county policy regarding temporary banners. The banner policy is available through the community development department. It shall be the responsibility of the applicant to remove temporary banners upon expiration of the permit period. D. Maintenance: Every sign shall be kept in good condition as to maintenance and repair, including the replacement of defective parts, repainting and cleaning. The ground space within a radius of ten feet (10') from the base of any ground sign shall be kept free and clear of all weeds, rubbish and inflammable material. The code enforcement officer shall inspect and enforce this pursuant to enforcement requirements of this chapter. E. Sign Removal: Signs identifying a discontinued use on the property shall be removed from the property within thirty (30) calendar days of the time the use was discontinued and shall thereafter be considered to be abandoned. F. Repair of Building Facade: A damaged building facade as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within thirty (30) calendar days of the time the use was discontinued. G. Moving to New Location: No sign erected before the adoption of this chapter shall be moved to a new location on the lot or building, or enlarged, or replaced, unless it be made to comply with provisions of this chapter. H. Ownership: The imprint of the sign owner and sign erector of all signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the person in possession of the property on which the sign is located. I. Lights and Lighted Signs See Spanish Valley Outdoor Lighting and Sign Illumination Standards for requirements. J. Planned Development Layout Location Signs: The purpose of the layout sign is to aid emergency personnel and visitors to quickly and efficiently locate a particular address or unit. For planned developments with a common address for multiple units there shall be a permanent sign located at all entrances to the project which: 1. Identifies the development; 2. Clearly shows the project address; 3. Clearly shows the layout of streets and the units with their individual identification number or letter; 4. The sign must be oriented to the view of the reader; 5. Shall be incorporated into a landscape feature or design scheme; 6. The sign shall contain no animation; 7. See Spanish Valley Outdoor Lighting and Sign Illumination Standards for lighting requirements 8. The sign shall be placed such that persons in vehicles who are stopped to read the sign will not create a safety hazard. Maintenance of Legal Non-conforming Signs Nonconforming signs shall be required to comply with the requirements of this chapter when any change, other than normal maintenance, is made to the sign. Painting or similar sign repair shall be considered normal maintenance; provided, that the sign content remains basically unchanged. Compliance with current setback requirements may be waived by the Planning Commission when the board determines that relocating an existing sign is not practical. Non-conforming Signs A. Alterations: A nonconforming sign shall not be raised, moved, replaced, extended or enlarged unless said sign is changed so as to conform to all provisions of this title. “Alterations” shall also mean the changing of the text of the sign when there is a major change in the use of the property. A major change in use occurs whenever the use changes from one of the following land use categories to another office, retail, food/restaurant service, personal service, entertainment, lodging, repairs, institutional, public utility, manufacturing, and warehouse uses. Any major change in use requires any affected nonconforming sign to conform to all the provisions of this title. Alterations shall not be interpreted to include changing the text of a marquee or changing a copy of an off premises sign. B. Restoration: Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, collision or any other cause beyond the control of the owner, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter or shall be removed. C. Unsafe or Dangerous: The nonconforming nature of a sign shall in no way prevent it from being subject to the provisions of the Regulations and Enforcement subsection of this ordinance if it is unsafe or dangerous. Prohibited Signs A. Signs Attached To Public Property: No sign, handbill, poster, advertisement or notice of any kind or sort shall be fastened, placed, posted, painted or attached in any way or upon any curbstone, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street, except signs owned and erected by permission of an authorized public agency as required by law. B. A-Frame and Movable Freestanding Signs: Portable, temporary A-frame, and movable freestanding signs shall be prohibited. This prohibition applies to signs mounted upon or painted upon vehicles or trailers which are parked primarily for the purpose of calling attention to or advertising a specific business establishment or product. C. Flashing Signs: Signs which use flashing, blinking, or strobing lights are prohibited. Signs which use subtle lighting changes as part of a video screen, or EMS are permitted. D. Rotating Signs: Signs which move, rotate, flutter in the wind or make noise are prohibited. Pennants, streamers, and inflatable objects are also prohibited. Temporary banners must be in compliance with the county’s policy on banners. E. Permit Exceptions: Notwithstanding any of the provisions of this chapter, the following signs and operations shall not require a sign permit; however, any of the following signs included in any other section shall conform to the applicable provisions of this chapter: 1. The changing of the advertising copy or message on a marquee, provided no more than fifteen percent (15%) of the marquee surface will advertise off premises land, products or businesses. 2. Painting, repainting, cleaning and normal maintenance and repair of a sign or sign structure unless a substantial structural change is made. 3. For sale, rent or lease signs, advertising real property, that are thirty-two (32) square feet or less in area. Such sign may be double faced. 4. The display of official notices used by any court, or public body, or public official, or the posting of notices by any public officer, in the performance of a duty, or by any person giving legal notice. 5. Directional, warning, exit, parking or similar informational signs of a public or quasipublic nature, provided they have no advertising effect, and signs directed and maintained by an official body or public utility. 6. Any official flag, pennant or insignia of any nation, state, county or other political unit. 7. Nameplates of two (2) square foot maximum area. 8. Bulletin boards not over sixty-four (64) square feet in area for public, charitable or religious institutions where the same are located on the premises of said institutions. 9. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible material. 10. Wall signs that are painted directly on the wall, provided they do not exceed twenty percent (20%) of the face of the wall on which it is painted. Safety and Livability Considerations A County Nonliability: The county and its agents shall in no way be liable for negligence or failure of the owner, or the person responsible for any damage caused by defective conditions.