Chapter 9.40 SIGNS

Chapter 9.40
SIGNS

Sections:

9.40.010 Intent and purpose.

9.40.020 Definitions.

9.40.030 Sign permit requirement.

9.40.040 Permanent on-site signs matrix.

9.40.050 Billboard standards matrix.

9.40.055 Electronic display signs matrix.

9.40.060 Overlay district sign standards matrix.

9.40.065 Electronic billboard regulations and standards.

9.40.070 Eastern and Florence Avenues sign standards.

9.40.080 General requirements.

9.40.090 Legal nonconforming signs.

9.40.100 Abandoned signs and advertising displays.

9.40.110 Exempt signs.

9.40.120 Prohibited signs.

9.40.130 Sign maintenance.

9.40.140 Compliance with sign standards.

9.40.010 Intent and purpose.

For the purposes of this title, the sign regulations shall govern all forms of advertising, public notices, and other similar activities. The intent and purpose of the sign regulations is to:

A. Establish regulations governing signs and other advertising media within the various zone classifications of the city, and to expressly prohibit all signs and other advertising of any type whatsoever except as herein specifically permitted. This chapter shall not regulate the construction and/or structural phases of signs and other advertising, which are regulated by the city building laws.

B. Recognize and strongly subscribe to the right to advertise, and to keep such right within reasonable boundaries consistent with goals and objectives of the community by restraining its image, character, community design, and the economic advantages which rest largely on the quality of the city’s appearance. Advertising must be balanced between the right to advertise and the right of the community to be protected against a visual and public trumpeting of overbearing commercialism. In order to protect the best interests of the community, the regulations contained in this chapter will prevent the invasion, abuse and intrusion of blatant commercialism that is not conducive to manmade and natural beauty and the environmental dignity of the city. (Ord. 806 § 1, 2007).

9.40.020 Definitions.

For the purpose of this section, the following terms shall have the following meanings:

A. “Abandoned sign” shall mean a sign which no longer identifies or advertises a bona fide business, lessor, service owner, product, or activity, and/or for which no legal owner can be found.

B. “Area of sign” (or “sign area”) shall mean the surface area within the outer limits, including any frame or border, of a single-faced sign. The area of a sign without a border, frame, or background shall be computed by enclosing the entire sign, or collectively all of the letters or other units thereof, within sets of parallel lines touching the outer limits of the sign.

C. “Attached sign” shall mean any sign that is fastened, attached, connected, or supported in whole or in part by a structure.

D. “Banner sign” shall mean a temporary canvas or plastic sign attached to the wall of a building for the promotion of a business’s grand opening only.

E. “Billboard” (also known as “advertising structure”) shall mean a sign and sign structure primarily located along major transportation routes for display to the traveling public and designed to accommodate sales messages, which may be changed from time to time. Billboards are normally located off site and generally owned by an outdoor advertising company.

F. “Building face” shall mean the surface area of a building elevation excluding any vertical projections, such as a parapet or pylon, more than four feet above the top wall plate. Building face area shall be determined by the community development director or his duly authorized deputy in the case of A-frame structures or other similar structures upon which the exposed roof area comprises an unusually large portion of the elevation; no more than half of the roof portion of the elevation shall be included.

G. “Copy” (or “sign copy”) shall mean any and all letters, words, numerals, characters, illustrations, insignias, symbols, statuary or any other advertising material placed upon a sign.

H. “Copy area” shall mean the actual area of the sign copy which shall be determined by sets of parallel lines touching and encompassing the individual unit or words comprising the sign copy.

I. “Directional sign” shall mean a sign designed to guide or direct vehicular or pedestrian traffic and containing no copy other than directional words or symbols.

J. “Electronic billboard” shall mean signs, signboards, or outdoor advertising displays utilizing digital message technology capable of changing the static message, copy, or graphic on the sign electronically or wirelessly via computer or any other means. This includes, without limitation, billboards also known as digital billboards or LED billboards.

K. “Electronic display sign” means a permanently installed sign on private property that changes displays for temporary advertisements or messages for a business conducted, product or services available or rendered, goods produced, sold, or event directly associated with the property on which the sign is located and which message may be changed at reasonable intervals by electronic process or remote control and which does not include any flashing, blinking, intermittent, or moving light or lights during the operation of the sign.

L. “Freestanding sign” shall mean a detached sign or a sign which is not attached to or supported by a building, including, but not necessarily limited to, signs erected upon the ground, supported by poles, columns or uprights.

M. “Monument sign” means a freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick, and where the bottom edge of the sign face is no more than 24 inches above the ground.

N. “Motion sign” shall mean a sign any part of which revolves, exhibits motion or animation, or which flashes, pulsates, blinks, scintillates, changes color, or simulates such characteristic; except, for the purposes of this title, barber poles, public service, time and temperature signs or change-copy signs shall not be considered motion signs if the messages are displayed at intervals no less than five seconds apart.

O. “Nameplate” shall mean any sign that indicates the name of the occupant of the property and which also may include the address and the identification of the building.

P. “Nonconforming sign” shall mean a sign erected legally which does not comply with the most current adopted sign restrictions and regulations.

Q. “Off-site sign” shall mean any sign which is not located on the same property of the business or entity advertising by such sign, unless within a commercial or industrial center. An off-site sign does not include instances where a ground, roof or projecting sign may be located on an adjacent parcel of land in order to comply with minimum frontage requirements for these types of signs.

R. “On-site sign” shall mean a sign on which the copy refers only to occupants, products, services, or uses on or disposition of the real property upon which the sign is located. In certain instances, an on-site sign may be located on an adjacent property in order to satisfy minimum frontage requirements for a ground, roof or projecting sign.

S. “Pole sign” means a freestanding sign detached from a building so that the bottom edge of the sign is six or more feet above finished grade elements and mounted on one or more poles that are architecturally dissimilar to the design of the sign.

T. “Projecting sign” shall mean any sign attached to, supported by, or suspended from, any part of a building or structure and projecting more than 18 inches therefrom. This definition does not include roof signs.

U. “Pylon sign” means a freestanding sign in excess of eight feet in height that is detached from a building and is supported by one or more structural elements which are architecturally similar to the design of the sign.

V. “Real estate sign” shall mean a temporary on-site sign on which the copy refers only to the sale, lease, rental, or other disposition of real property.

W. “Roof sign” shall mean any sign erected upon or above the roof of the building, or any sign projecting more than four feet above the top wall plate of a building, or a sign that projects more than four feet above the fascia in the case of a sign on a sloping or shed roof, or a sign affixed to a parapet wall that projects above the highest point of such wall.

X. “Sign” shall mean any object or device designed, intended, or used for verbal or nonverbal visual communication, including, but not necessarily limited to, letters, numerals, words, characters, figures, illustrations, insignias, posters, billboards, or any other object designed or used to identify, advertise, or attract attention to any person, property, building, business, product, or service, and includes sign structure.

Y. “Sign area” means the entire area, within a perimeter defined by a continuous line composed of right angles, which encloses the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame, supports, structural elements or trim forming an integral part of the display used to differentiate the sign face from the background against which it is placed.

Z. “Sign face area” means the entire surface area upon, against or through which sign copy including lettering, logo, trademark, or other graphic representation is placed.

AA. “Sign structure” shall mean any structure designed, intended, or used to support, enclose, or illuminate a sign, including portions of any building or structure when so designed or used.

BB. “Wall sign” shall mean a single-faced sign attached to and parallel to the building face, projecting not more than 12 inches in thickness from the surrounding building face and without projecting above the nearest roofline.

CC. “Window sign” shall mean any sign painted upon, affixed, or abutting the surface of a window, permitted only for special events and/or promotions and not covering more than 25 percent of the entire window area along a particular facade.

(Ord. 886 § 6, 2018; Ord. 867 § 4, 2015; Ord. 806 § 1, 2007).

9.40.030 Sign permit requirement.

The following sign permit requirements shall apply:

A. Sign Permit Required. A sign permit shall be required to erect, construct, alter, paint, relocate or reconstruct any sign within the city. Sign permits shall be issued by the city community development department.

B. Building Permit Required. In addition to a sign permit, issuance of a building permit may also be required. This determination shall be made by the building and safety division of the community development department.

C. Application. Application for a sign permit shall be submitted to the community development department for review by the city. Submittal of a completed application shall include scaled and dimensioned drawings of the proposed sign, which include but are not limited to the following elements: size, height, location, letter type, advertising message, colors, materials, method or type of lighting and such other information as may be required to assure compliance with all appropriate regulations of the city.

D. Issuance. The community development director or his authorized deputy shall issue a sign permit for the erection, construction, alteration, painting, relocation, or reconstruction of a sign whenever an application therefor has been properly submitted and approved in compliance with all appropriate laws and regulations of the city. Every sign permit issued by the director or his authorized deputy shall expire and become null and void if the work authorized by such sign permit has not been completed within 180 days or within such time period as may be authorized. The director may, in writing, suspend or revoke a sign permit issued under provisions of this chapter whenever the sign permit is issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of these regulations.

E. Referral to Commission. The community development director may refer signs which otherwise comply with the standards set forth in these regulations to the planning commission for their review and approval, if the community development director determines that the sign(s) have not been appropriately designed, located, installed, resulted in sign clutter, or would otherwise be contrary to the purpose and intent of these regulations and cause a detrimental effect on adjacent and surrounding property.

F. Effect of Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in an action to abate a nuisance.

G. Fees. Sign permits shall be subject to such fees as may be established by resolution of the city council.

H. Inspection. The applicant shall notify the community development department upon completion of the installation of work for which the permits were issued.

I. Appeals. Any applicant aggrieved by the decision of the community development director regarding the issuance of a sign permit may appeal the decision to the planning commission. Upon written request, the community development department will schedule the appeal for review and determination by the planning commission. If the decision of the planning commission is not considered to be satisfactory, a final appeal may be brought before the city council for a final determination within 10 days after a written notice of appeal with the city clerk. The city council may affirm, modify or reverse the action of the commission. The decision of the city council will be final. (Ord. 806 § 1, 2007).

9.40.040 Permanent on-site signs matrix.

A sign matrix is hereby established to determine the type of on-site signs that may be constructed within the city. For projects consisting of more than one building or occupancy, the community development department will require that a master sign program for the entire project be submitted and approved.

A. Open Space and Residential Zones
	O-S	R-1	R-2	R-3	R-4
Agricultural Uses	Two accessory signs advertising the sale of products lawfully produced on the premises, provided each such sign shall not exceed 20 square feet in area. Such signs shall not be located within 10 feet of the property line abutting any street or highway.
Single-Family Homes and Duplexes	One nameplate containing the name and/or address of the family in residence, not exceeding two square feet in area, for each occupancy. Nameplates shall be placed flat against a building or be designed as part of an architectural feature. Such signs may be detached if less than 42 inches in height.
Multiple-Family Complexes	One attached sign of a permanent nature not to exceed one square foot of sign area per one lineal foot of frontage abutting a public street. The maximum size of the sign is restricted to 50 square feet. All signs shall be placed flat against the building or designed as part of an architectural feature. Such signs may be detached if less than five feet in height.
School, Hospital, Church, etc.	In conjunction with a permitted school, church, hospital, convalescent hospital, day nursery or similar institutional-type use, two signs for each street frontage; provided, however, not more than a total of one detached sign is permitted. The total sign area for each frontage shall not exceed 40 square feet.

B. Commercial and Industrial Zones
	M-U	C-S	C-3	C-4	C-M	M-1
1. Freestanding Signs (i.e., pylon and monument signs)
a. Number	Sites less than 15,000 square feet in area shall be limited to one monument sign. Multi-tenant shopping centers between 15,000 and 30,000 square feet may be permitted one monument or pylon sign per street frontage. Multi-tenant shopping centers greater than 30,000 square feet in area and having more than 300 lineal feet of street frontage may have one additional freestanding sign per 150-foot street frontage, limited to a monument sign.
b. Size	Each freestanding sign shall not exceed a maximum size of one square foot of sign area per one lineal foot of street frontage, not exceeding an area of 150 square feet. However, monument signs shall be limited to no more than 20 square feet per sign face.
c. Height	Pylon signs shall not exceed a maximum height of 30 feet above finished grade. Monument signs shall be limited to a maximum height of six feet above finished grade.
d. Distance Between Signs	If more than one freestanding sign is constructed on a lot, the distance between such signs shall be not less than 150 feet.
2. Projecting Signs
a. Number	One projecting sign may be permitted in lieu of each freestanding sign which may otherwise be allowed.
b. Size	Projecting signs shall not exceed an area of one square foot of sign area per one lineal foot of building frontage, to a maximum size of 150 square feet.
c. Height and Projection	Projecting signs shall not extend above the roofline of the buildings to which they are attached. Projection into a public right-of-way may be allowed in accord with the provisions of the California Building Code.
3. Attached Signs
a. Main Attached	One or more signs for each separate use or occupancy, limited to a sign area equivalent to 20 percent of the building face. The maximum size of all main wall signs shall not exceed an area of 150 square feet.
b. Accessory Attached	One additional attached sign for each additional secondary building elevation limited to 10 percent of the building face, not to exceed 75 square feet.
c. Temporary Attached	One banner sign allowed for a grand opening only from first day of business operation for a maximum period of 30 consecutive days. The maximum size shall not exceed 10 percent of the building face.
4. Automobile Service Stations
a. Number and Size	One multi-sided price sign, not to exceed 15 square feet of area per panel provided:
	1. The sign shall be permanently affixed to the ground, to a supporting column of the canopy or to an approved detached sign.
	2. No price panels may be maintained on the premises unless continuously used for the posting of gasoline prices.
	3. One attached service sign not exceeding 20 square feet in area.

(Ord. 813 § 2, 2009; Ord. 806 § 1, 2007).

9.40.050 Billboard standards matrix.

A sign matrix for billboards is hereby established to determine the zones in which they are conditionally permitted and the standards they must abide by:

Billboards
	C-M	M-1
1. Height	Billboards shall not exceed a maximum height of 42 feet from the base of finished grade at the bottom of the sign structure to the top of the sign structure.
2. Size	The maximum permitted display area for advertising structures shall be 300 square feet, excluding support structure and normal and customary framing.
3. Roof Display	Roof displays shall not be permitted.
4. Spacing	Billboards shall not be placed within 500 feet of any other billboard located on the same side of the same street, measured along the center line of a single street between lines drawn perpendicularly to the center line of the street from the edges of the advertising displays which are nearest each other.
5. Placement	Billboards shall not be placed within 500 feet of the exterior boundary of any parcel of land zoned for residential purposes or of any parcel of land utilized for public, quasi-public, recreational, educational, religious or cultural purposes, which are located on the same side of the same street, measured along the center line of a single street between lines drawn perpendicularly to the center line of the street from edges of the advertising displays which are nearest each other.
6. Setback Restriction	Billboards shall not be located within any setback area required by this code.
7. Construction	Billboards shall be supported by a maximum of two members, constructed of steel or comparable metal.
8. Appearance	The exposed back side of billboards shall be treated in an aesthetically pleasing manner, as determined by the community development department.
9. Maintenance	Billboards, including display area and supports, shall be maintained in a neat and orderly manner.
10. Illumination	No flashing, blinking, rotating, or hazardous lighting shall be permitted, and the direction and intensity of all lighting shall not be such as to cause a nuisance or traffic hazard.
11. Safety Clearance	The location and ground clearance of billboards shall be such as not to obstruct visibility necessary for the safety of vehicular or pedestrian traffic.
12. Temporary Structures	Temporary billboards may be allowed for a period not to exceed six months and shall be subject to all standards contained in this section. In addition, such signs are subject to the posting of a bond guaranteeing the removal of the temporary sign at the expiration of the six-month period. The amount of the bond shall be determined by the community development department.
13. Freeway Visibility Limitation	No billboards designed to be viewed primarily by persons traveling on a freeway shall be placed on property adjacent to any section of a freeway which has been declared to be landscaped freeway by the state of California, pursuant to the State Outdoor Advertising Act and administrative regulations promulgated thereunder.
14. Relocation of Legal Nonconforming Billboards	Any legal nonconforming billboard sign may be considered a candidate for relocation on a two-for-one basis upon agreement by the sign owner and the city. This means the owner must agree to remove two existing legal nonconforming billboards in order to construct one new billboard. As an incentive to the sign owner, the conditional use permit (CUP) requirement shall be waived for the new billboard as long as it meets all of the provisions of this chapter, except that the community development director may reduce the spacing requirements between signs without a variance.
14. Relocation of Legal Nonconforming Billboards	In analyzing the relocation proposal, staff must consider environmental impacts, including but not limited to aesthetics/excessive visual clutter, compatibility of surrounding uses, redevelopment impacts, and visibility, as well as other safety concerns.

(Ord. 806 § 1, 2007).

9.40.055 Electronic display signs matrix.

A sign matrix is hereby established to determine the zones in which electronic signs are conditionally permitted and the standards which they are to comply with. Electronic display signs shall be exempt from the design criteria established in Chapter 9.48 BGMC, Eastern and Florence Avenues Facade Design Standards.

Electronic Display Signs
	C-4	M-1
a. Location Requirements	Florence Avenue between Eastern Avenue and Emil Avenue on individual legal parcels with a minimum of 300 feet of street frontage on Florence Avenue. Eastern Avenue within the Los Jardines, Village Square, and Bell Gardens Marketplace multi-tenant commercial centers. There shall be a minimum distance separation of 500 feet in any direction between electronic display signs.	Florence Avenue between Emil Avenue and the easterly city limits on individual legal parcels with a minimum of 180 feet of street frontage on Florence Avenue. Garfield Avenue between Gage Avenue and Loveland Street on individual legal parcels with a minimum of 130 feet of street frontage on Garfield Avenue. There shall be a minimum distance separation of 500 feet in any direction between electronic display signs.
b. Number and Sign Type	One pylon or monument sign per qualified site per a, “Location Requirements.” Any existing pole, pylon, or monument sign on a qualified site shall be permanently removed prior to issuance of building permits for a new pylon or monument structure for an electronic display sign. Existing monument or pylon structures on a qualified site may be retrofitted with an electronic display sign provided the proposed new electronic display sign conforms to the sign face design standards in c, “Sign Standards.”	One pylon or monument sign per qualified site per a, “Location Requirements.” Any existing pole, pylon, or monument sign on a qualified site shall be permanently removed prior to issuance of building permits for a new pylon or monument structure for an electronic display sign. Existing monument or pylon structures on a qualified site may be retrofitted with an electronic display sign provided the proposed new electronic display sign conforms to the sign face design standards in c, “Sign Standards.”
c. Sign Standards
1. Maximum Sign Face	Two per sign	One per sign
2. Maximum Sign Area	One square foot of sign area per lineal foot of street frontage not to exceed 450 square feet for a new pylon sign; 70 square feet for a new monument sign. Sign area includes all supports and structural elements.	250 square feet for a new pylon sign; 30 square feet for a new monument sign. Sign area includes all supports and structural elements.
3. Maximum Sign Face Area	Pylon Signs: 120 square feet per sign face. Monument Signs: 20 square feet.	Pylon signs: 75 square feet Monument signs: 20 square feet
4. Siting Requirements	On private property set back a minimum distance of five feet from the property line adjacent to Florence Avenue or Eastern Avenue. If a fence or wall exists adjacent to the property line the sign shall be located on the interior side of the fence or wall on the property no less than five feet from the property line.	On private property set back a minimum distance of five feet from the property line adjacent to Florence Avenue. If a fence or wall exists adjacent to the property line the sign shall be located on the interior side of the fence or wall on the property no less than five feet from the property line.
5. Maximum Sign Height	30 feet for a new pylon sign; six feet for a new monument sign. Sign height shall be measured from existing street grade to the top of the sign.	18 feet for a new pylon sign; six feet for a new monument sign. Sign height shall be measured from existing street grade to the top of the sign.
6. Design Criteria	Support pylon columns, cabinet structures, and other structural elements for electronic display signs shall be architecturally compatible with the commercial building on a parcel or the multitenant center as a whole. Sign materials shall be of a type and color compatible with and complementary to the exterior of the main structure on the property.	Support pylon columns, cabinet structures, and other structural elements for electronic display signs shall be architecturally compatible with the building on a parcel. Sign materials shall be of a type and color compatible with and complementary to the exterior of the main structure on the property.
d. Message Display Requirements
Electronic displays shall be limited to: (i) static displays; (ii) messages that appear or disappear from the display through dissolve, fade, travel or scroll modes; or (iii) similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once. Each message on the sign shall be displayed for a minimum period of 10 seconds. Signs must be equipped with automatic dimming technology to adjust the brightness of the sign relative to ambient light for both the daytime and nighttime condition. Advertisements or messages displayed on a permitted electronic display sign shall be limited to those advertisements or messages for a business conducted, product, services available or rendered, goods produced, sold, or event directly associated with the property on which the sign is located.
e. Message Display Definitions
Dissolve. A mode of message transition on an electronic display sign accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. Fade. A mode of message transition on an electronic display sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Frame. A complete, static display screen on an electronic display sign. Frame Effect. A visual effect on an electronic display sign applied to a single frame to attract the attention of viewers. Scroll. A mode of message transition on an electronic display sign where the message appears to move vertically across the display surface. Transition. A visual effect used on an electronic display sign to change from one message to another. Travel. A mode of message transition on an electronic display sign where the message appears to move horizontally across the display surface.

(Ord. 909 § 2, 2020; Ord. 867 § 5, 2015).

9.40.060 Overlay district sign standards matrix.

A sign matrix for signs within the overlay districts is hereby established to determine the standards they must abide by:

Overlay Districts
	PBD	RD	HPD	RPDD	IPDD	EBOD
1. Base zone standards apply.		X	X	X	X	X
2. Electronic billboards per the standards in BGMC 9.40.065.						X
3. Accessory signs advertising the business conducted, services rendered, or the goods produced or sold on the premises on which the sign is located, provided such sign, or signs, shall not exceed one square foot of sign area for each 200 square feet of building floor area, or for each 400 square feet of lot area, whichever is greater. No individual sign shall exceed 40 square feet in area.		X
4. Accessory signs advertising the business conducted, services rendered, or the goods produced or sold on the premises on which the sign is located, provided such sign, or signs, shall not exceed one square foot of sign area for each 125 square feet of lot area. No individual sign shall exceed 65 square feet in area.			X
5. Each legally established use may have one additional accessory sign not to exceed six square feet in area.		X	X
6. One bulletin board located on a lot or parcel of land, provided:
a. Said board is located on premises for a publicly owned, charitable or religious institution.
b. Said board is architecturally related to the structure to which it is appurtenant.			X
c. Said board is not more than 20 square feet in area.
d. Any illumination of said board is achieved only through the use of nonflashing indirect or internal lighting.
7. Official notices issued by any court, public body or public officer.			X
8. Notices posted by any public officer in performance of a public duty, or for any person in giving legal notice.			X
9. Traffic, directional, warning or informational signs, or advertising structures, required or authorized by the public authority having jurisdiction.			X
10. Official signs used for emergency purposes only.			X
11. Permanent memorial or historical signs, plaques or markers.			X
12. Temporary accessory signs, not more than 20 square feet in area, which denote the architect, engineer, owner and contractor, may be established upon the site of any building or structure under construction, alteration or in process of removal. Said sign shall be removed from the premises within 30 days after the completion, alteration, or removal of the structure.			X
13. Temporary Real Estate Signs. Each lot or parcel of land may have one temporary accessory sign, not to exceed six square feet in area, advertising only the sale, lease, or hire of such premises, except that:
a. On a lot of land having a front lot line of 100 feet or more, said sign may be increased to not more than 20 square feet in area;
b. One additional sign may be established for each 100 feet of said front lot line in excess of 100 feet; provided, that each such sign is not more than 20 square feet in area; and			X
c. Said signs shall be removed from the premises within 30 days after the property has been sold or leased.

(Ord. 886 § 7, 2018; Ord. 806 § 1, 2007).

9.40.065 Electronic billboard regulations and standards.

A. Purpose and Intent. Electronic billboards are recognized as a legitimate form of commercial advertising in the city; however, the size, number, location, and illumination of electronic billboards can have significant influence on the city’s visual character and quality of life and can, without appropriate controls, create or contribute to visual blight conditions. The purpose and intent of this section are to allow for development of modern forms of billboards in a planned manner within the electronic billboard overlay district (EBOD) in accordance with the regulations and standards established herein. In addition, the purpose and intent of this section are also to provide for the voluntary relocation and replacement of conforming and nonconforming billboards to electronic billboards within the electronic billboard overlay district (“EBOD”) in accordance with the regulations and standards set forth herein.

B. General Requirements.

1. The requirements of this chapter shall apply to the installation or construction of any new electronic billboard within the EBOD, the relocation of any nonelectronic billboard to the EBOD, the expansion and modification of an existing electronic billboard, including the construction of additional face(s) and/or the digitization of an existing billboard within the EBOD.

2. Electronic billboards shall be permitted in the EBOD only after an agreement has been negotiated and executed between the electronic billboard operator and city (“agreement”) in accordance with the terms of this chapter. The agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the installation and operation of any electronic billboard or modification of an existing billboard within the EBOD.

3. An existing billboard or electronic billboard in existence on the effective date of the ordinance codified in this section pursuant to a prior agreement (including any amendments or extensions thereof) or other lawful permit may be relocated and rebuilt as an electronic billboard only within the EBOD. All electronic billboards constructed within the EBOD shall comply with this chapter and all applicable requirements of the California Business and Professions Code and the California Code of Regulations. In accordance with the California Business and Professions Code Section 5440, new billboards not associated with relocation as described in subsection (B)(4) of this section shall only be allowed in those portions of the EBOD not designated as “landscaped freeways” pursuant to the California Business and Professions Code Section 5216.

4. In accordance with the California Business and Professions Code Section 5443.5, relocated billboards shall be allowed only in the EBOD as an electronic billboard and shall not be permitted in any location which would result in violation of any applicable federal, state, or local law. Billboards to be relocated to the EBOD may originate in areas outside the EBOD, provided the agreement required by this chapter documents its location and removal, and the benefits associated with such relocation. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:

a. The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation;

b. The applicant chooses to completely demolish and relocate an existing billboard from a property proposed for development, including a legal nonconforming billboard, to the EBOD so as not to conflict with the proposed development or redevelopment of the property, and provides public benefits in exchange for such relocation as negotiated in the agreement;

c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, and construct a new electronic billboard within the EBOD in order to reduce the overall negative aesthetic impacts of billboards on the city and its residents and to provide public benefits for such relocation pursuant to the agreement for the project;

d. The applicant has previously removed or completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to the California Business and Professions Code Section 5443.5; or

e. The applicant proposes to enhance, improve and modify an existing billboard within the EBOD for the purpose of modernizing and improving the aesthetic appearance of such billboard.

5. In the event of any conflict between any provision contained in this chapter and any other provisions contained elsewhere in this code, the provisions of this chapter shall govern.

6. No new electronic billboard shall be approved and no existing billboard shall be relocated or modified within the EBOD without the applicant first providing proof of legal or equitable interest in the site proposed for new construction, relocation or modification, including, but not limited to, a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

7. No electronic billboard shall be approved for construction, modification, or expansion, and no electronic billboard may be maintained, unless the applicant provides evidence that a designated maintenance service is available by telephone and able to respond to a repair call “24/7” in the event an electronic billboard becomes damaged or is malfunctioning.

8. All electronic billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this chapter shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the city council.

C. Physical Requirements.

1. The minimum distance between electronic billboards or static billboards placed within the EBOD or between billboards and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.

2. All utilities for an electronic billboard shall be underground.

3. No electronic billboard shall have more than one digital face (display surface) oriented in the same vertical plane.

4. The maximum total electronic billboard face area on any vertical plane for any electronic billboard shall be 672 square feet, with a maximum height of 14 feet and maximum width of 48 feet per sign face.

5. The maximum height of any electronic billboard, including nondigital sign faces, shall be 65 feet as measured from the bottom of the billboard supports to the highest point of the sign face.

6. All electronic billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.

7. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 30 feet between the lowest point of the sign and the finished driveway grade. Billboards shall comply with any California Department of Transportation requirements for placement and operation. No part of any electronic billboard shall cross onto an adjacent private property.

8. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance of 30 feet between the lowest point of the sign and the walkway grade.

9. Electronic billboards not projecting over drive areas shall have a minimum clearance of 30 feet between the lowest point of the electronic billboard and finish grade level.

10. Electronic billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an electronic billboard, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the director of community development.

11. Electronic billboards shall be placed at least 150 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the nearest residential zone or boundary line of property on which a residential use is located. However, this distance requirement may be reduced or eliminated if the city council makes the finding regarding light impacts set forth in subsection (F) of this section.

D. Operational Requirements.

1. No electronic billboard shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.

2. Each electronic billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., “Amber Alerts”), in accordance with local and regional first responder protocols.

3. Electronic Billboard Operating Criteria.

a. Each static message shall not include flashing lights or the varying of light intensity.

b. Minimum Display Time. Each message shall be displayed for a minimum of four seconds.

c. Electronic billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter, at a preset distance as set forth under this section.

d. Preset distances to measure the foot-candles impact vary with the expected viewing distances of each size sign and shall comply with the following:

Nominal Face Size	Distance to Point of Measurement
12' x 25'	150'
10'6" x 36'	200'
14' x 48'	250'

e. Each electronic billboard shall have a light-sensing device that will adjust the brightness as ambient light conditions change.

4. Each electronic billboard shall be designed and required to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.

5. Walls or screens at the base of the electronic billboard shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.

6. Electronic billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. Electronic billboards when operated in accordance with the operating criteria in subsection (D)(3) of this section shall be deemed to be in compliance with this subsection and all requirements of the California Department of Transportation.

7. No electronic billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic; for example, using such words or phrases as “stop” or “slow down.”

8. No electronic billboard shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways. Electronic billboards when operated in accordance with the operating criteria in subsection (D)(3) of this section shall be deemed to be in compliance with this subsection.

9. Electronic billboards shall be operated and maintained in compliance with Business and Professions Code Section 5403.

E. The requirements set forth under subsections (B), (C), and (D) of this section shall be in addition to any other conditions and requirements contained in the agreement, provided they are not in conflict. If any condition or requirement imposed in an agreement conflicts with the general requirements set forth in these subsections (B), (C), and (D) of this section, the general requirements of subsections (B), (C), and (D) of this section shall control. For purposes of this subsection, conditions or requirements contained in an agreement that are more restrictive than those contained in the general requirements of subsections (B), (C), and (D) of this section shall not be in conflict.

F. Application Requirements – Review Procedures.

1. Application Requirements. An entity wishing to erect a new electronic billboard, completely demolish and relocate an existing nonconforming or conforming billboard, or modify and convert an existing billboard into an electronic billboard within the EBOD, shall submit a request in writing for approval of an agreement as described under subsection (B) of this section that includes the following:

a. The name, address, phone number and other contact information of the person or entity proposing the agreement.

b. Identification of the location proposed for a new electronic billboard or the relocated or modified billboard to be converted to an electronic billboard and the billboard(s) being permanently removed, where applicable;

c. Information that establishes that the entity proposing the agreement has legal or equitable interest in the proposed new or relocated billboard being removed or modified along with proof of legal or equitable interest in the site proposed for the above said purpose(s), including, but not limited to, a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

d. Conceptual design drawings for the billboard(s) that includes technical specifications to determine the electronic billboard’s compliance with this chapter.

e. An explanation of the compensation to be paid or public benefits to be provided to the city.

f. Photos of all existing signage, architectural renderings and elevations of the proposed electronic billboard, and a scaled site plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.

g. Photo simulations shall be provided of the before-and-after physical site appearance from views as specified by the director of community development.

h. A photometric study prepared by a city-approved lighting engineer demonstrating compliance of the electronic billboard with the operational criteria of this section.

i. The applicant shall pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review of the application.

j. The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act.

k. Such other documents, materials, or information deemed reasonably necessary by the director of community development.

2. Review Process.

a. All agreements shall be reviewed by the planning commission at a duly noticed public hearing. The public hearing shall be noticed in accordance with Chapter 9.54 BGMC. The planning commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to the city council based on applicable development standards, the location of the proposed new, relocated or modified or expanded billboard, and whether the proposed electronic billboard meets the findings contained in this section.

b. The city council shall conduct a duly noticed public hearing, no later than 60 days after the planning commission recommendation, to review and consider the agreement. The hearing before the city council shall be noticed pursuant to Chapter 9.54 BGMC and may be continued from time to time. In order to approve a request for an agreement, the city council shall make the findings contained in this section.

c. Findings for Approval of an Agreement. The following findings shall be made by the planning commission in making its recommendation to the city council and by the city council in approving any application for an agreement to construct new, relocate or modify, or expand a billboard within the EBOD:

i. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, this code, and any applicable specific plans;

ii. The proposed installation site is compatible with the uses and structures on the site and in the surrounding area;

iii. The proposed electronic billboard would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility;

iv. The proposed electronic billboard would not interfere with on-site parking or landscaping required by city ordinance or permit;

v. The proposed electronic billboard would not otherwise result in a threat to the general health, safety and welfare of city residents; and

vi. The proposed electronic billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation;

vii. It has been determined that artificial light and glare impacts of the proposed electronic billboard at less than 150 feet from a residential zone or residential use are not significantly greater than they would be at a distance of 150 feet, as demonstrated to the satisfaction of the city by a study of the particular site. (Ord. 921 §§ 2, 3, 2022; Ord. 886 § 8, 2018).

9.40.070 Eastern and Florence Avenues sign standards.

Uses along portions of Eastern and Florence Avenues shall abide by the sign standards found in Chapter 9.48 BGMC, Eastern and Florence Avenues Facade Design Standards. (Ord. 806 § 1, 2007).

9.40.080 General requirements.

A. Corner Lot Signs. On corner lots, the amount of sign area permitted for one street frontage is not transferable to another. A sign erected at the corner and visible from both streets shall not exceed the maximum area allowed for the longest frontage.

B. Exposed Sign Face Structural Elements Prohibited. All signs except those abutting against a wall, building, or architectural projection of a building shall be double-faced or the rear of any side of a sign face or cabinet visible to the public shall be provided with a flat-surfaced cover to obscure structural members or elements of the sign face or cabinet.

C. Focus of Direct Light on Residential Property Prohibited. No artificial light of any kind used to illuminate any sign, nor any reflective material, shall be so placed, erected or constructed so as to focus direct light onto adjacent properties.

D. Structural Supports Limited. More than two supporting columns or visible structural supports are prohibited unless approved by the community development director as an architectural or decorative feature.

E. Signs Encroaching on Public Right-of-Way. Marquee signs or other signs permitted to encroach over the public right-of-way shall be erected, constructed, or placed in compliance with regulations specified in Chapters 45 and 62 of the building code and all pertinent provisions of this section.

F. Use of Visible Supports Prohibited. Use of “angle iron” or “I-beams” for visible structural supports is prohibited unless covered with decorative material and approved by the community development director as an architectural or decorative feature. The use of exposed or visible guy wire supports is prohibited.

G. Street Address Required. In conjunction with the construction, repair, etc., of any sign requiring the issuance of a sign permit, the applicant shall install the numerical street address of his or her business in a prominent location to be visible by passing motorists. This shall be done in compliance with guidelines prepared by the community development department.

H. On-Site Signs. Unless otherwise specified, all signs constructed shall be on-site signs. (Ord. 806 § 1, 2007).

9.40.090 Legal nonconforming signs.

A legally established nonconforming sign lawfully in existence prior to the adoption date of the ordinance codified in this title may remain and be maintained, but shall be made to conform to all provisions of this chapter, including the following:

A. A nonconforming sign shall not be changed to another nonconforming sign.

B. A nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet-type sign does not constitute structural alteration.

C. A nonconforming sign shall not be expanded or altered so as to change the size, shape, position, location or method of illumination of the sign, except as provided for under BGMC 9.40.065, “Electronic billboard regulations and standards.”

D. A nonconforming sign shall not be re-established after discontinuance of the use for 90 days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of 90 days, it shall be presumed that such use has been abandoned. A use shall be presumed abandoned if the property or structures are vacant or if the occupants are no longer conducting business.

E. A nonconforming sign shall not be re-established after damage or destruction of more than 50 percent of its replacement value, including destruction by an act of nature. (Ord. 886 § 9, 2018; Ord. 806 § 1, 2007).

9.40.100 Abandoned signs and advertising displays.

Lawfully erected signs or advertising displays pertaining to activities or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be removed and covered over, within 90 days after the associated enterprise or occupant has vacated the premises. A sign is considered abandoned if the occupants are no longer conducting business for a period of 90 days. Such removal shall be in accordance with proper health and safety requirements.

A written notice of this determination will be sent or delivered to the sign owner. The owner shall have 30 days to remove the sign or provide the department of community development with evidence that the use has not been discontinued. The planning commission shall review all evidence and shall determine whether or not the sign is abandoned. The planning commission shall review all evidence and shall determine whether or not the sign is abandoned. All signs not removed within the required 30-day period shall be in violation of the code and owners of the sign and owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. (Ord. 806 § 1, 2007).

9.40.110 Exempt signs.

The following signs are exempt from the permit requirements of this chapter; provided, however, that such signs are not exempt from BGMC 9.40.120, Prohibited signs, nor from otherwise applicable provisions of the city building code. Exempt signs shall not be included in the number and area of signs otherwise permitted.

A. Directional or Instructional Signs. On-site signs not to exceed six square feet in area per sign which provide only instructions such as identifying hospital emergency, restrooms, public telephones, directories, vacancies, walkways, no trespassing and those of similar nature; on-site directional signs not to exceed six square feet in area per sign nor more than one sign for each driveway access to a public right-of-way and restricted to four feet in height.

B. Flags. The flags, emblems, or insignias of any national or political subdivision utilized for noncommercial use.

C. Interior Signs. Signs located within the interior of any building, or within an enclosed lobby or court of any building, and signs located within the inner or outer lobby, court or entrance of any theater.

D. Memorial Signs or Tablets. Memorial signs or tablets, names of buildings, and dates of building erection, when cut into the surface or facade of the building.

E. Nameplates. One nameplate not exceeding two square feet in area for each dwelling unit or office.

F. Project Construction Signs. On-site construction or project signs advertising the architect, builder, financing, sale, lease, or related information if limited to 50 square feet in area for each street frontage, placed more than 100 feet from the street intersection if more than one sign used, and provided such sign is removed within 30 days after occupancy is authorized.

G. Public Notices and Governmental Signs. Official notices posted by public officers or employees in the performance of their duties; governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety.

H. Real Estate Signs. One six-square-foot on-site real estate sign for each frontage on a public street; provided, that such sign(s) shall be removed within 30 days following the sale, lease, or disposition of the real property.

I. Subdivision Tract Signs. One on-site tract sign not exceeding an area of 160 square feet located within the boundaries of a new subdivision, to advertise directions, price, terms and similar information, provided such advertising display is removed within a period of 18 months, unless an extension has been granted by the community development director.

J. Symbols or Insignias. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies.

K. Political Signs. Pertaining to issues or candidates in a pending election; provided, that said signs are removed within 30 days after the election. (Ord. 806 § 1, 2007).

9.40.120 Prohibited signs.

No person shall erect, construct, relocate, maintain or use any of the following type signs:

A. Balloon Signs. Fixed balloon signs or any lighter-than-air or gas-filled balloon(s) attached by means of a rope or tether to a fixed location are prohibited.

B. Indecent Signs. Signs that display nudity, vulgar language, or other items of adult content as defined in BGMC 9.20.045, Adult entertainment businesses.

C. Intensely Lighted Signs. No sign shall be permitted which because of its intensity of light constitutes a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties (with the exception of LED signs for public facilities and gas station pricing signs). Electronic billboards approved under BGMC 9.40.065 and which comply with the requirements thereunder shall not constitute an intensely lighted sign under this subsection.

D. Motion Signs. No motion signs shall be permitted (with the exception of LED signs for public facilities).

E. Noise- and Matter-Emitting Signs. No sign or device shall be permitted which emits sound, odor, or visible matter.

F. Painted-On Signs. No signs shall be permitted to be painted on the exterior of building walls.

G. Portable Signs. A-frame and other portable signs of a similar nature.

H. Public Areas. No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface or appurtenance or over or across any street or public thoroughfare except as may otherwise expressly be authorized by these regulations.

I. Roof Signs. No signs shall be permitted to be mounted to the roof of a building or to project above the height of any parapet.

J. Traffic Hazards. Signs which, by color, wording, design, location, illumination or similar characteristics, interfere with or may be confused with any authorized traffic sign, signal or control device regulating the safe and efficient flow of traffic; or which may create a safety hazard by obstructing a clear view of pedestrian or vehicular traffic; or which obstruct access to required parking areas.

K. Vehicle-Supported Signs. No person shall park any vehicle or trailer on private property or public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of advertising products or services or directing people to a business or activity. This section is not intended to apply to standard advertising or identification practice where such signs are painted on or permanently attached to a business or commercial vehicle. (Ord. 886 § 10, 2018; Ord. 806 § 1, 2007).

9.40.130 Sign maintenance.

A. Maintenance and Repair. Each sign shall be operated safely and in good condition, including the replacement and repair of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of a permitted sign.

B. Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by such person any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the business or property owner. (Ord. 806 § 1, 2007).

9.40.140 Compliance with sign standards.

A. Existing Signs. All signs legally existing as of the effective date of the ordinance codified in this chapter shall be allowed to remain as long as such signs are in compliance with the sign maintenance provisions of these regulations and do not result in changes to the location, height, size or copy of the sign.

B. Alterations to Existing Signs. No sign permit for an on-site sign shall be issued to alter an existing sign in terms of location, height, size or significant change of copy (i.e., more than 33 percent of the total copy area of the sign) until all existing signs for the same use or occupancy are brought into conformance with the provisions of these regulations. Compliance shall occur either prior to or concurrently with the alteration of the existing sign.

C. New Signs. No sign permit shall be issued to construct a new sign for a use or occupancy until all existing signs for the same use or occupancy are in compliance with the provisions of these regulations. Compliance shall occur either prior to or concurrently with the construction of the new sign. (Ord. 806 § 1, 2007).