HomeMy WebLinkAbout83-23 Regarding the Amortization of Nonconforming SignsORDINANCE NO. 83-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REGARDING THE
AMORTIZATION OF NONCONFORMING SIGNS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
1. The City Council finds and declares that:
a. The City's Comprehensive Sign Ordinance (Costa Mesa Municipal Code
Section 5-118 et seq.) has been in effect since March, 1974, which
allows its impact and future effectiveness to be evaluated.
b. The requirement for amortization and removal of signs which were
legal when erected but became nonconforming upon adoption of the Sign
Ordinance can, in some cases, cause a hardship on the owner.
c. The goal of the Sign Ordinance to eliminate clutter and confusion
can still be attained without requiring the mandatory removal of the
remaining legal nonconforming signs after their amortization, as is
presently required by the Sign Ordinance.
d. The Sign Ordinance should be amended so that the legal noncon-
forming signs will not have to be amortized and removed as long as
their copy and physical shape are not substantially altered.
e. Requiring such nonconforming signs to be removed or made to
conform to the requirements of the Sign Ordinance when a substantial
change in physical shape or sign copy is proposed is an equitable
procedure, allowing a legally erected sign to remain for an indefin-
ite period as long as it is used in its original form.
f. All signs which contain flashing, rotating, or intermittent light-
ing can be required to stop said flashing, rotating, or intermittent
lighting by January 1, 1984, in order for the goals of the Sign
Ordinance to be achieved and still not eliminate the usefulness of the
signs.
g. 'These amendments have no effect on the City's intention to require
illegally erected signs to be removed or made to conform to the
requirements of the Sign Ordinance.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the
Costa Mesa Municipal Code as set forth below:
1. Amend Section 5-126(B)(3) to read: "All signs which incorporate in
any manner any flashing, moving, or intermittent lighting as defined in Section
5-121(b)(1) shall cease all flashing, moving, or intermittent lighting by
January 1, 1984."
2. Add Section 5-126(B)(4) as follows: "All nonconforming signs shall be
removed or made to conform to this article according to Schedule I, II, or III.
Selection of the Schedule to be utilized is the responsibility of the sign
owner. After the sign owner selects the Schedule to be used, a change of
Schedule may not be made at a later date; provided however, that a sign owner
has obtained approval of a Schedule II amortization period prior to the adop-
tion of this Ordinance may select Schedule III, as long as there has been no
change of sign copy after the adoption of this Ordinance, except as provided
in Section 5-126(E)(3).
3. Add Section 5-126(E) as follows:
"(E) Schedule III
(1) Any sign legally erected prior to April 18, 1974, by obtaining
the proper City sign and building permits, may remain beyond the
expiration of the periods described in Schedules I or II, If the
physical structure of a sign is substantially altered, or if there
is a substantial change in copy, it shall be made to conform to this
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Chapter in all respects except as provided for in subparagraph (4)
below.
(2) Change.of copy permits shall not be issued for signs utilizing
Schedule III, except as provided in subparagraph (4) below.
(3) Schedule III cannot be elected for signs which have already been
assigned a removal date in a Planned Signing Program or Zone Exception
Permit that was approved prior to the adoption of this Ordinance.
(4) Multi -tenant Signs
(a) Change of copy permits may be issued for tenant signs as
long as no more than 50 percent of the area of a multi -tenant
sign has been changed or abandoned, or identifies businesses no
longer existing on the site, or any combination thereof.
(b) When more than 50 percent of the area of a multi -tenant sign
has been changed or abandoned, or identifies businesses no longer
existing on the site, or any combination thereof, said sign shall
be made to comply with the provisions of this Chapter.,
4. Amend Section 5-119 (29) to read: "(29) Sign height shall be measured
from the top of the curb at the nearest point on the public street abutting the
property to the highest point of the sign or sign structure."
5. Add Section 5-119 (39) as follows: "(39) Multi -tenant sign shall mean
a sign which identifies or advertises more than one (1) business or activity
within a signle sign structure."
6. Amend Section 5-119 (1) to read: "(1) Activity shall mean a business
establishment under separate management from any other business establishment
on the same site."
SECTION 3. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of
fifteen (15) days from its passage shall be published once in the ORANGE
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COAST DAILY PILOT, a newspaper of general circulation, printed and published
in the City of Costa Mesa or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this 7-zd day of , 1983.
ATTEST:
Cie
ty Clerk of the City of Costa sa Mayor of the City of Costa Mesa
STATE OF CALIFORNIA ) APPP VED S TO FORM
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA ) CITY ATTO R N G(
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. 83-23 was introduced and considered section by section at a regular meeting
of said City Council held on the 15th da f Au t, 1983, and thereafter
passed adopted a�hl a regul e Ing of said City Council held on
the�F day of19 3, by the following roll call vote:
AYES: COUNCIL MEMBERS: %JAIZI /
NOES: COUNCIL MEMBERS: / e
2t�
ABSENT: COUNCIL MEMBERS: Vk-.A_�
IN WITNESS WHEREOF, I hmvp hereunto Z -t a and affixed the Seal of the
City of Costa Mesa this day of 1983.
- _ - Ci y Clerk and ex -officio Clerk off the
- - City Council of the City of Costa Mesa
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