HomeMy WebLinkAbout2005-17 - Repealing Chapter 20.67 of the NBMC and adopt a new Chapter 20.67 pertaining to regulation of signs on a citywide basis, except the Newport Coast and Newport Ridge Planned Communities, or where regulations conflict with regulations establishedORDINANCE NO. 2005 -17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, TO REPEAL CHAPTER 20.67 OF THE NEWPORT BEACH MUNICIPAL
CODE AND ADOPT A NEW CHAPTER 20.67 PERTAINING TO REGULATION OF
SIGNS ON A CITYWIDE BASIS, EXCEPT THE NEWPORT COAST AND NEWPORT
RIDGE PLANNED COMMUNITIES, OR WHERE REGULATIONS CONFLICT WITH
REGULATIONS ESTABLISHED IN THE SANTA ANA HEIGHTS SPECIFIC PLAN
AND ALL OTHER COMMERCIALLY -ZONED PLANNED COMMUNITIES; AND
RELATED AMENDMENTS TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE TO REPEAL THE SIGN REGULATIONS AND RELATED REFERENCES ON
DISTRICTING MAPS OF THE MARINERS MILE SPECIFIC PLAN AND BALBOA SIGN
OVERLAY, AND AMENDMENT TO ADD SUBSECTION L TO SECTION 10.50.020 OF
CHAPTER 10.50.
SECTION 1. LEGISLATIVE FINDINGS
The City Council, in adopting Ordinance No. 2005 -17 makes the following findings:
WHEREAS, the City Council recognizes that the City's present Sign Regulations, as
found in Chapter 20.67 of the Municipal Code of the City of Newport Beach, are
outdated and out of alignment with current standards for sign design, construction, and
community aesthetics; and
WHEREAS, the City Council has determined that there is a need to update the City's
signage regulations to protect the public health, safety and welfare from potential effects
and impacts of signs; and
WHEREAS, the City Council recognizes the City's extraordinary setting and desires to
protect and enhance the City's unique character and aesthetic standards, promote
tourism through enhanced aesthetic appeal, and protect public safety and property
values; and
WHEREAS, the City Council has determined that excessive signage can damage view
corridors, diminish property values and detrimentally affect the quality of life of City
residents, visitors and the traveling public; and
WHEREAS, the City Council finds that proper sign control is an important governmental
interest and therefore desires to provide a new sign ordinance and design guidelines to
implement its goals of achieving quality signage that preserves and enhances the
community's appearance, while still allowing sufficient business identification; and
WHEREAS, the City Council intends to provide each sign user an opportunity for
adequate identification while guarding against the excessive and confusing proliferation
of signs by appropriately regulating the time, place and manner under which signs may
be displayed; and
WHEREAS, in an effort to achieve these objectives, the City Council appointed a
steering committee to oversee the drafting of the new sign code ordinance to update the
existing sign code found in Chapter 20.67 of the Newport Beach Municipal Code and
prepare a Sign Design Guidelines Manual. The committee conducted six meetings to
review and discuss sign related issues and voted to forward a new ordinance to replace
Chapter 20.67and Sign Design Guidelines Manual to the Planning Commission and City
Council for adoption; and
WHEREAS, on May 5, June 9, and July 7, 2005, the Planning Commission of the City
of Newport Beach held public hearings on the new sign code ordinance and Sign
Design Guidelines Manual and recommended approval of a new sign code ordinance
and Sign Design Guidelines Manual to be presented to the City Council; and
WHEREAS, on August 23, 2005 and September 13, 2005, the City Council of the City
of Newport Beach held public hearings regarding the proposed new sign code
ordinance and Signs Design Guidelines Manual; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been
determined that the proposed amendment is not subject to CEQA as the activity is not a
project as defined in Section 15061 (b) (3) (CEQA Guidelines); and
WHEREAS, pursuant to the Policy Manual of the City Council of the City of Newport
Beach, in Policy K -3 (Implementation Procedures for the California Environmental
Quality Act) Section (D) (2) (c), the proposed ordinance is in compliance with City
Council policy; and
WHEREAS, the City Council finds that the proposed ordinance complies with the City of
Newport Beach General Plan and Land Use Plan Policy F which calls for the City to
develop and maintain suitable and adequate standards for sign control; and
WHEREAS, the proposed ordinance serves to enhance the City's regulations with
respect to the design, location, materials, construction and maintenance of signs within
the City and provides improved procedures for the processing of signage applications;
and
WHEREAS, the proposed ordinance will better implement the City's design and safety
standards set forth in the City of Newport Beach General Plan, Land Use Policy F and
Municipal Code and will maintain and enhance the City's aesthetic appearance; and
WHEREAS, the proposed ordinance maintains and strengthens the regulation of
signage in the City and will help to protect the public from distracted drivers, limit the
confusion and improve the public image of the City; and
WHEREAS, the City Council hereby finds that certain types of sign structures such as
A -frame signs, pole signs, animated signs, commercial mascots, and inflatable signs
are detrimental to the aesthetics of the community and that limitations on their
proliferation and eventual elimination not only serve to reduce visual clutter but also
reduce driver distraction; and
WHEREAS, the City's regulation of off -site signs is consistent with the legislative intent
expressed by the California Legislature in enacting the Outdoor Advertising Act
(Business & Professions Code sections 5200 et seq.), which specifically provides in
Section 5230 that the "Governing body of any city may enact ordinances including, but
not limited to, land use or zoning ordinances, imposing restrictions on advertising
displays adjacent to any street, road or highway equal to or greater than those imposed
by" the Act; and
WHEREAS, the City Council finds that this ordinance is authorized by the City Charter,
the City's police powers and State law.
NOW THEREFORE, in consideration of the findings made in SECTION 1, the City
Council and the City of Newport Beach does ORDAIN as follows:
SECTION 2: Chapter 20.67 of Title 20 of the Newport Beach Municipal Code is hereby
repealed in its entirety.
SECTION 3: Title 20 of the Newport Beach Municipal Code is hereby amended to add
a new Chapter 20.67 which shall read as follows:
Chapter 20.67
20.67.010 — Purpose ........................................................................ ..............................5
20.67.020 — Effect of Chapter .......................................................... ..............................6
20.67.030 — General Provisions ...................................................... ..............................7
20.67.040 — Definitions .................................................................... ..............................9
20.67.050 — Prohibited Signs ......................................................... .............................17
20.67.060 — Provisions Applying to All Sign Types ..................... .............................18
20.67.070 — Standards for Permanent Signs ................................ .............................20
20.67.080 — Standards for Specific Types of Permanent Signs .. .............................29
20.67.090 — Standards for Temporary Signs ................................ .............................41
20.67.100 — Procedures for Sign Approval, Exemptions, and Revocations ........... 46
20.67.110 — Modification Permit .................................................... .............................50
20.67.120 — Comprehensive Sign Program .................................. .............................50
20.67.130 — Innovative Sign Program ............................................ .............................52
20.67.140 — Nonconforming Signs ................................................ .............................54
20.67.150 —Abandoned Signs ....................................................... .............................55
20.67.160 — Illegal Signs ................................................................. .............................56
20.67.170 — Maintenance Requirements ....................................... .............................57
20.67.180 — Heritage Signs ............................................................. .............................58
Sections:
20.67.010 — Purpose
20.67.020 — Effect of Chapter
20.67.030 — General Provisions
20.67.040 — Definitions
20.67.050 — Prohibited Signs
20.67.060 — Provisions Applying to All Sign Types
20.67.070 — Standards for Permanent Signs
20.67.080 — Standards for Specific Types of Permanent Signs
20.67.090 — Standards for Temporary Signs
20.67.100 — Procedures for Sign Approval Exemptions, and Revocations
20.67.110 — Modification Permit
20.67.120 — Comprehensive Sign Program
20.67.130 — Innovative Sign Program
20.67.140 — Nonconforming Signs
20.67.150 — Abandoned Signs
20.67.160 — Illegal Signs
20.67.170 — Maintenance Requirements
20.67.180 — Heritage Signs
20.67.010 — Purpose
The City of Newport Beach is a unique community located in an extraordinary
environmental setting. Because of the need to protect and enhance the City's unique
character and aesthetic standards, to protect public safety and property values, and to
promote tourism through enhanced aesthetic appeal, the City Council finds that proper
sign control is an important governmental interest. Therefore, the intent of the
standards in this Chapter is as follows:
A. Provide each sign user an opportunity for adequate identification while guarding
against the excessive and confusing proliferation of signs by appropriately regulating
the time, place, and manner under which signs may be displayed.
B. Preserve and enhance the community's appearance by regulating the type, size,
location, quality, design, character, scale, color, illumination, and maintenance of
signs.
C. Encourage signs that are well designed and that attract and invite rather than
demand the public's attention.
D. Encourage the design of signs that are complementary to the buildings and uses to
which they relate and that are harmonious with their surroundings.
E. Ensure freedom of expression for sign uses, including noncommercial speech, by
maintaining a content - neutral approach to sign regulation.
F. Enhance the safety of motorists and pedestrians by minimizing the distraction of
intrusive signs, as well as to protect the life, health, property, and general welfare of
City residents and visitors.
G. Provide a review and approval process for signs to ensure compliance with the
requirements of this Chapter.
20.67.020 — Effect of Chapter
A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that
are placed on private property or on property owned by public agencies other than
the City of Newport Beach and over which the City has zoning authority.
Regulations for signs on public property are codified in Chapter 13.xx.xxx (Public
Rights of Way) of the County code.
B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning
districts that come within the regulatory scope as defined in Paragraph A, above,
unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to
building codes, sign permits, fees, penalties, and a method of enforcement shall also
apply. Applications for sign permits that comply with the requirements of this
Chapter, and other applicable laws, shall be approved. Sign Permits shall be
required in compliance with Section 20.67.100 (Procedures for Sign Approval,
Exceptions, and Revocations). Where approval of a use permit, variance,
Modification Permit, site plan review, or design approval has been obtained, any
applicable conditions of that approval shall supersede the requirements of this
Chapter.
C. Sign Permit required. A Sign Permit shall be required for all signs, including
change of copy allowed under the provisions of this Chapter. In addition, signs that
require a Sign Permit shall be subject to approval by the Planning Director, Zoning
Administrator, or Planning Commission in conjunction with their sign approval
authority. Only signs that comply with the provisions of this Chapter shall be
approved. Additionally, the sign design guidelines that have been adopted by the
City Council shall be applied to guide the Planning Director, Zoning Administrator,
and /or Planning Commission in administering this Chapter. Content of a
noncommercial message shall not be considered when any required sign permit
application is reviewed. Content of a commercial message shall be considered only
to the extent required to determine whether the sign is an on -site sign. Refer to
Section 20.67.100 (Procedures of Sign Approval, Exceptions, and Revocations) for
Sign Permit requirements.
D. Nonconforming signs. An existing legally allowed sign that does not conform to
the requirements of this Chapter shall be deemed a nonconforming sign and shall be
subject to the requirements of Section 20.67.140 (Nonconforming Signs).
E. Planned Community Districts. In Planned Community (PC) Districts, sign
regulations contained in the planned community development plan shall supersede
the requirements of this Chapter. If the planned community development plan does
not provide regulations for a particular sign type or situation, the requirements of this
Chapter shall prevail. Service station signs in Planned Community Districts shall be
subject to the provisions of Section 20.67.080.(k)(2) (Service station signs) unless
more restrictive sign regulations are contained in the planned community
development plan.
F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights
Specific Plan area are subject to the provisions set forth in the Specific Plan
document. The regulations contained in the Santa Ana Heights Specific Plan shall
supersede the requirements of this Chapter.
20.67.030 — General Provisions
The policies, rules and regulations stated in this section apply to all signs within the
regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding
any more specific provisions to the contrary.
A. Message neutrality. It is the City's policy to regulate signs in a constitutional
manner that is content neutral as to noncommercial messages and viewpoint neutral
as to commercial messages.
B. Regulatory interpretations. Interpretations of the requirements of this Chapter
shall be exercised in light of the City's message neutrality policy. Where a particular
type of sign is proposed in a permit application, and the type is neither expressly
allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a
"structure" as defined in the California Building Code, then the Director shall
approve, conditionally approve, or disapprove the application based on the most
similar sign type that is expressly regulated by this Chapter.
C. Substitution of messages. Signs authorized by this Chapter are allowed to carry
noncommercial messages in lieu of any other commercial or noncommercial
messages. Substitution of messages may be made without additional approval or
permitting process. This provision prevails over any more specific provision to the
contrary within this Chapter. The purpose of this provision is to prevent an
inadvertent favoring of commercial speech over noncommercial speech, or favoring
of any particular noncommercial message over any other noncommercial message.
This provision does not create a right to increase the total amount of signage on a
parcel, nor does it affect the requirement that a sign structure or mounting device be
properly permitted.
D. Rules for non - communicative aspects of signs. Rules and regulations
concerning the non - communicative aspects of signs, (e.g., type, location, size,
height, illumination, spacing orientation, etc.), stand enforceable independently of
any permit or approval process.
E. Multiple use zones. In a zone where both residential and non - residential uses are
allowed, the signage rights and responsibilities applicable to a particular use shall be
determined as follows: residential uses shall be treated as if they were located in the
residential area where that type of use would be allowed as a matter of right, and
non - residential uses shall be treated as if they were located in a zone where that
particular use would be allowed, either as a matter of right or subject to a Conditional
Use Permit or similar discretionary process.
F. Billboard policy. The City completely prohibits the construction, erection or use of
billboards, other than those that legally exist in the City, or for which a valid permit
has been issued and has not expired, as of the date on which this provision was first
adopted. The City adopts this policy in compliance with California Government
Code section 65850, California Business and Professions Code sections 5354(a)
and 5408.3 (both effective January 1, 2003). Permits shall not be issued for
billboards that violate this policy, and the City will take immediate abatement action
against billboards constructed or maintained in violation of this policy. The City
Council affirmatively declares that it would have adopted this billboard policy even if
it were the only provision in this Chapter. The City Council intends for this billboard
policy to be severable and separately enforceable even if other provisions of this
Chapter may be declared, by a court of competent jurisdiction, to be
unconstitutional, invalid, or unenforceable. This provision does not prohibit
agreements to relocate existing, legal billboards, as encouraged by California
Business and Professions Code section 5412.
G. Property owners' consent. Signs shall not be displayed without the consent of the
legal owner of the property on which the sign is mounted or displayed. For purposes
of this policy, 'owner" means the holder of the legal title to the property and all
parties and persons holding a present right to possession, control, or use of the
property.
H. Legal nature of signage rights and duties. As to all signs attached to property,
real or personal, the signage rights, duties and obligations arising from this Chapter
attach to and travel with the land or other property on which a sign is mounted or
displayed. This provision does not modify or affect the law of fixtures, sign - related
provisions in private leases, mutual covenants or equitable servitudes regarding
signs (so long as they are not in conflict with this Chapter), or the ownership of sign
structures.
I. Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed
for specific developments and Planned Communities, as well as special sign districts
or special sign overlay zones, when approved by the Zoning Administrator and /or
Planning Commission may modify the rules provided in this Chapter as to sign size,
height, illumination, spacing, orientation, or other noncom m unicative aspects of
signs, but may not override or modify any of the General Provisions in this section.
All of the provisions of this section shall automatically apply to and be deemed a part
of any sign program approved after the date on which this provision is initially
adopted.
20.67.040 — Definitions
For purposes of this Chapter, the following definitions shall apply:
A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or
plastic. Such signs are usually small and are removed at the close of business.
Typically hinged at the top, or attached in a similar manner, and widening at the bottom
to form a shape similar to the letter A.
Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that
has ceased or is located upon a structure that has been abandoned by its owner, for
more than 90 days.
Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a
structure that has been abandoned by its owner; does not identify or advertise a current
bona fide business, lessor, service, owner or product available upon the site; or that
identifies or advertises an event or activity that has occurred.
Animated Sign. A sign that uses movement, lighting, or special materials to depict
action or create a special effect or scene. This classification includes wind- actuated and
other elements such as balloons, bunting, pennants, streamers, whirligigs, or other
similar devices.
Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from
the wall of a building for the purpose of shielding a doorway or window from the
elements.
Awning Sign. A sign painted on, printed on, or attached to the surface of an awning.
Back -lit Awning. An internally illuminated, fixed, space -frame structure with
translucent, flexible, fabric reinforced covering designed in awning form and with
graphics or copy applied to the visible surface of the awning.
Banner Sign. A sign made of fabric or any nonrigid material with no enclosing
framework.
Billboard. A permanent structure used for the display of offsite commercial messages.
Building Frontage. The building elevation that fronts on a street, alley, driveway,
parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway.
Building Frontage, Primary. The building frontage that is designated by an applicant
as the "primary frontage' for the purpose of determining the applicable sign standards
and that does not face a residential district.
Building Frontage, Secondary. The building frontage that is designated by an
applicant for a Sign Permit as a "secondary frontage' for the purpose of determining the
applicable sign standards, and that does not immediately face a residential zoning
district.
Building Sign. A sign attached to or painted on a building.
Building Marker. A sign indicating the name of a building and date and incidental
information about its construction, which is cut into a masonry surface or made of
bronze or other permanent material.
Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces
(panels) that may or may not be internally illuminated. The sign panels may be either
flat or shaped ( "pan face ") and are attached to a metal frame (cabinet).
Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or
fabric materials extending from the main entrance of a building.
Changeable Copy Sign (electronic). A sign with changeable copy that is changed by
incorporating video display, flip - disks, incandescent lamps, fluorescent lamps, fiber
optics, light- emitting diodes, liquid crystal displays, plasma- displays, field emission
displays, or any other mechanical or light- emitting matrix to convey changing copy or
images. Also considered an animated sign.
Changeable Copy Sign (manual). A sign with changeable copy that is manually
changed, regardless of method of attachment or materials of construction. This
classification includes bulletin boards, and changeable copy signs on marquees. Does
not include electronic message boards with lighted displays.
Commercial Mascot. Humans or animals used as advertising devices for commercial
establishments, typically by the holding or wearing of insignia, masks or costumes
associated with or advertising the commercial establishment. Includes sign twirlers,
sign clowns, etc.
Commercial Message. A message displayed on a sign that relates primarily to
economic interests such as the exchange of goods or services. This definition shall
automatically incorporate court rulings defining the term "commercial speech."
Construction Project Sign. A temporary sign displayed on the site of a construction
project during the period of construction that provides information about the project,
which may contain the names of architects, landscape architects, engineers, and
contractors working on the project, future tenants, finance institutions, real estate
representatives, and similar persons /organizations involved in the project begins with
the issuance of a building permit, or its functional equivalent, and ends with the
issuance of the earliest of the following: a certificate of completion, a certificate of
occupancy, a final inspection sign -off, or the functional equivalent of any of them.
Copy. The graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
Department. The Planning Department of the City of Newport Beach.
Directional Sign. An on- premise sign giving directions, instructions, or facility
information of an establishment but no advertising copy, e.g., parking or exit and
entrance signs.
Directory Sign. A sign listing the tenants or occupants of a building or building
complex.
Display Surface. The area made available by the sign structure for the purpose of
displaying the advertising message.
Double -Faced Sign. A sign designed with the intent of providing copy on both sides.
Double -Faced Sign
Electrical Raceway. A utilitarian metal channel used for the electrical components of
an illuminated sign; and not designed as an architectural feature.
Establishment. A legal, nonresidential use of land to conduct a commercial or
noncommercial activity. By way of example and not limitation, "establishment' includes
stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include
home -based occupations or hobbies.
Externally Illuminated Sign. A sign illuminated from an exterior light source.
Facade. The entire building elevation, including the parapet.
Face of Sign. The area of a sign on which the copy is placed.
Facia. Typically, the smooth wall surface between a window and the parapet.
Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a
signage device, or as a decoration.
Freestanding Sign. A sign supported permanently upon the ground by a structure and
not attached to a building. This includes pylon signs, blade signs, and ground- mounted
signs (monument signs).
Freestanding Monument Freestanding Pylon Sign
Linn
Frontage, Street. The length of the property line of a parcel along a right -of -way on
which it borders.
Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service
station.
Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet
occupied the building or opened its establishment.
Illegal Sign. A sign that does not meet the requirements of this chapter and that is not
a legal nonconforming sign.
Illuminated Sign. A sign with an artificial light source for the purpose of decorating,
outlining, accentuating, or brightening the sign area.
Innovative Sign. A sign that incorporates design elements, objects, shapes, materials
or techniques that may cause the sign to not conform to certain dimensional or
placement requirements of this Code, approval of which is subject to meeting the
objective criteria described in Section 20.67.130 (Innovative Sign Program), below.
Internally Illuminated Sign. A sign illuminated from an interior light source contained
within the sign cabinet.
Incidental Sign. A small sign, emblem, or decal informing the public of the facilities,
trade affiliation, or services available on the premises, e.g., a credit card sign or a sign
indicating hours of business or presence of parking.
Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an
external artificial source that is arranged to illuminate the sign area only.
Inflated Display Sign. A three - dimensional object filled or activated by moving or non-
moving air or other gas, located, attached, or tethered to the ground, site, merchandise,
structure, or roof and used as a sign or to attract attention. This definition does not
include inflated gymnasium devices commonly used for children's parties.
Logo. A sign consisting of a trademark or symbol used to identify a business.
Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically -
charged gas - filled tubing, such as neon and argon signs, or by fiber optics.
Monument Sign. A freestanding sign supported by a solid architectural element at its
base.
Multiple Family Structure. A residential structure containing 3 or more living units.
Mural. An artistic image or design painted or affixed to the exterior surface of a
structure that does not contain a commercial or noncommercial text or message.
Nameplate. A sign indicating the name and /or address of a building or occupant.
Nonconforming Sign. A sign, outdoor advertising structure, or display that was
originally lawfully erected and maintained, but which does not conform to the current
standards of this chapter or is now prohibited. Signs that do not conform with the
current standards of this chapter or are now prohibited but were erected pursuant to an
approved variance, Modification Permit, Conditional Use Permit and /or the
Comprehensive Sign Program do not fall within the definition of nonconforming signs.
Noncommercial Message. A sign message that is not commercial in nature. This
definition shall automatically incorporate court rulings defining the term "noncommercial
speech."
Off -site Message. A message on a sign that advertises a business, accommodation,
service, or activity not provided on the premises on which the sign is located. This
classification includes billboards. The off - site /on -site distinction applies only to
commercial messages.
On -site Message. A message on a sign advertising the business, accommodations,
services, or activities provided on the premises on which the sign is located. The off -
site /on -site distinction applies only to commercial messages.
Painted Wall Sign. A sign that is applied with paint or similar substance on the surface
of a wall, including fences.
Parapet. The extension of a false front or wall above a roofline.
Pedestrian Sign. A sign designed to be viewed at a pedestrian level.
Permanent Sign. A sign designed with durable materials and intended to be used in
excess of 60 days per calendar year.
Planning Director. For purposes of this Section only, the Director of the City's
Planning Department, or the Director's designee.
Pole Sign. A sign that is supported by a single pole or similar support structure so that
the bottom edge of the sign is one foot or more above grade.
Portable Sign. Any sign designed to be moved easily and not permanently affixed to
the ground or to a structure or building.
Projector Sign. A sign that is projected onto a surface using an intense source of
illumination to project the image.
Projecting Sign. A sign that projects from and is supported by a wall of a building.
Projection. The distance by which a sign extends from the building it is supported by.
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SIGN
Sign Projection
Promotional Temporary Banner. A temporary sign or banner displayed by an
establishment to advertise events such as sales, seasonal events, liquidation sales, and
going out of business sales.
Public Service Sign. Signs of utilities or other publicly regulated service providers
indicating danger, and similar aids to service or safety, including official advisory and
signal flags.
Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or
upon the ground that are not a part of a building or enclosed within the exterior walls of
a building and are separated from any other structures by a distance of at least 6
inches. This includes a sign that is supported by two or more poles that are surrounded
by a decorative cover to form one solid sign support.
Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent,
but not including signs advertising transient occupancy, such as hotel or motel
accommodations.
Residential Name or Identification Sign. A sign identifying the name or address of a
residence and/or its occupants.
Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant,
visible from the public right of way.
Rider. A small sign attached to a larger sign and intended to convey information not
conveniently incorporated into the text of the larger sign.
Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding
any mansards, cupolas, pylons, chimneys, or minor projections.
Roof Sign. A sign erected upon or above a roof of a building.
Sign. Any device, fixture, placard or structure, including its component parts, that
draws attention to an object, product, place, activity, opinion, person, establishment,
institution, organization, or place of business, or that identifies or promotes the interests
of any person and that is to be viewed from any public street, road, highway, right -of-
way or parking area.
The following are not within the definition of "sign" for regulatory purposes of
this Chapter:
a. Interior signs. Signs or other visual communicative devices that are located
entirely within a building or other enclosed structure and are not visible from the
exterior thereof or located at least five feet from the window, provided the
building or enclosed structure is otherwise legal;
b. Architectural features. Decorative or architectural features of buildings (not
including lettering, logos, trademarks, or moving parts);
c. Symbols embedded in architecture. Symbols of noncommercial organizations or
concepts including, but not limited to, religious or political symbols, when such
are permanently integrated into the structure or a permanent building that is
otherwise legal; also includes foundation stones, corner stones and similar
devices;
d. Manufacturers' marks. Marks on tangible products that identify the maker, seller,
provider or product, and that customarily remain attached to the product even
after sale;
e. Fireworks and other lights. The legal use of fireworks, candles and artificial
lighting not otherwise regulated by this Chapter.
f. Newsracks or newsstands.
g. Legally required information, such as public notices, registration or licensing
information, etc.
h. Murals.
Sign Structure. The sign, and the supports, uprights, braces, and framework of the
sign.
Service Station. An establishment that offers for sale or sells gasoline or other motor
vehicle fuel to the public.
Super Graphic. Images, graphic elements, and logos, including required corporate
logos, that are affixed to or painted on a structure, that may not be the textual portion of
a sign.
Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed
of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with
or without frames, designed to be displayed for a limited period of time.
Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a
single tenant.
Valance. The part of an awning that hangs vertically down from the shed (sloped)
portion of an awning.
Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is
designed to be towed behind a vehicle. On street legal vehicles, the following insignia
are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs:
a. License plates.
b. License plate frames.
c. Registration insignia.
d. Noncommercial messages painted on or otherwise attached in a manner such
that the vehicle can be legally operated on public rights -of -way, or any
noncommercial message that does not exceed a total of three square feet in
size.
e. Messages on a vehicle the primary purpose of which is to be used in the regular
course of business to transport the personnel or products, or to provide the
services (not including general advertising) that are advertised by the messages
on the vehicle, provided that the messages are painted or otherwise attached in
a manner such that the vehicle can be operated on public rights -of -way.
f. Commercial messages that do not exceed a total of three square feet in size.
g. Commercial messages on duly licensed mass transit vehicles that pass through
the City.
Wall Sign. A sign attached to, erected against or painted upon the wall of a building or
structure, the face of which is in a single plane parallel to the plane of the wall.
Window Sign. A sign that is applied or attached to a window or located within 5 feet of
the inside of a window in manner that it can be seen from the exterior of the structure.
20.67.050 — Prohibited Signs
The following signs and sign types shall be prohibited throughout all zoning districts of
the City.
A. Painted signs. Painted signs on fences or roofs except addresses.
B. Hazardous location. Signs located in a manner that the sign or a portion of the
sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or
obstruct a required door, stairway, ventilator, window, or public way or are otherwise
hazardous.
C. Signs with off -site commercial messages. Signs shall not advertise a business,
accommodation, service or activity not provided on the premises on which the sign is
located. The off - site /on -site distinction shall only apply to commercial messages.
D. Beams of light. No person shall erect or maintain any device that directs a beam of
light, including klieg lights and searchlights, in a flashing sequence toward any street
or highway, nor shall any person erect or maintain any illuminated sign or similar
device that interferes with the visibility of any official traffic control device or warning
signal.
E. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall
not be used to outline or frame doors and /or windows.
F. Prohibited sign types:
1. A -frame signs.
2. Animated signs.
3. Changeable copy signs, except as a component of another type sign allowed
through the Comprehensive Sign Program.
4. Commercial mascots.
5. Inflated display signs.
6. Pole signs.
7. Roof signs, unless a variance is granted.
8. Vehicle signs, subject to the definition of Vehicle Signs in 20.67.040 (Definitions),
above.
20.67.060 — Provisions Applying to All Sign Types
A. Compliance required. No person shall erect, re- erect, construct, enlarge, alter,
change copy, repair, move, improve, remove, convert, or equip any sign or sign
structure, or paint a new wall sign, in the City, or cause or permit the same to be
done, contrary to or in violation of any of the provisions of the Zoning Code.
B. Uncertainty of Chapter provisions. The Planning Commission shall have the
authority to interpret the provisions of this Chapter at the request of the Planning
Director, or when an appeal for a decision of the Planning Director is filed with the
Planning Commission in compliance with Section 20.95 of this Chapter.
C. Sign construction. All signs that are not temporary signs shall be constructed of
permanent materials, including but not limited to metal, wood, acrylic, or other
comparable durable weatherproof materials. No material more combustible than
treated wood shall be used in the construction of any permanent sign.
D. Sign area computation.
1. The allowed sign area for a building sign is calculated by first determining if the
sign is to be placed on a "primary" or "secondary" building /tenant frontage (as
defined in this Chapter) and then referring to the tables in Section 20.67.070
(Standards for Permanent Signs). The allowed sign area for a freestanding sign
is determined by the number of linear feet of the street frontage where the sign is
to be placed in compliance with the tables in Section 20.67.070,
2. The entire area contained within the frame, cabinet, fixture, or design, including
all ornamentation, super graphics, or other decoration used to attract attention
that can be enclosed in no more than 4 lines drawn at right angles shall be
included in the measurement of sign area. In the case of "skeleton" or "cut -out"
letters or signs placed on a wall without any borders, the sign area shall be the
sum of the area of all letters, words, logos, or symbols within a single continuous
perimeter with no more than 4 lines drawn at right angles (square or rectangle).
r AQW li
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SIGN AREA& WIDTH X HEIGHT
Sign Area
WIDTH
3. Only one face of a double -faced sign shall be counted in computing the permitted
area of the sign. Double -faced (back -to -back) signs shall be regarded as a
single sign when the sign is mounted on a single structure, and the distance
between each sign face does not exceed 2 feet at any point. If the sign is multi -
faced, then each face shall be counted in computing the permitted area of the
sign.
4. Supporting framework or bracing that is clearly incidental to the sign shall not be
computed as sign area.
5. Where a sign consists of one or more three - dimensional objects (i.e., balls,
cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area
shall be measured as their maximum projection upon a vertical plane. Signs may
not contain three - dimensional objects that exceed a projection of 6 inches from
the sign face, unless such signs are allowed as part of an approved Innovative
Sign Program.
F. Sign height measurement. The height of a sign shall be measured from the
highest part of the sign, including any decorative features, to the grade of the
adjacent street or the surface grade beneath the sign, whichever the Director
determines is appropriate given the physical characteristics of the site.
G. Maximum letter /logo height. The maximum height of any letter, text, logo, or
symbol shall be 36 inches.
H. Sign removal or replacement. When a sign is removed, all brackets, poles, and
other structural elements that supported the sign shall also be removed. Affected
building surfaces shall be restored to match the adjacent portion of the building.
I. Illuminated signs and lights. The following standards shall apply to all illuminated
signs:
1. Sign illumination shall not interfere with the use and enjoyment of adjacent
properties, create a public nuisance, or create public safety hazards. Exterior
light sources shall be shielded from view and directed to illuminate only the sign
face.
2. Signs may be internally or externally illuminated. Internal illumination is
permitted only if the sign background is opaque and the only portion of the sign
that appears as illuminated is the actual lettering and /or a registered trademark
or logo.
3. The light from an illuminated sign shall not be of an intensity or brightness or
directed in a manner that will create a negative impact on residential properties in
direct line of sight to the sign including signs that face Newport Bay.
4. Colored lights shall not be used at a location or in a manner so as to be confused
or construed as traffic control devices.
5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be
used on the exterior surface of signs so that the face of the bulb or lamp is
exposed to a public right -of -way or adjacent property.
6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible.
7. Each illuminated sign shall be subject to a 30 -day review period, during which
time the Planning Director may determine that a reduction in illumination is
necessary due to negative impacts on surrounding property or the community in
general. In addition, and at any time, the Planning Director may order the
dimming of any illumination found to be excessively bright. The Director's
determination will be made without regard to the message content of the sign.
20.67.070 — Standards for Permanent Signs
Table 20.10 provides regulations for permanent signs in residential, nonresidential,
institutional, and open space zoning districts. References in the last column provide
additional regulations for specific sign types located elsewhere in this Chapter. In the
case of an inconsistency between regulations provided in the tables and regulations
provided for specific sign types, the regulations for specific sign types shall take
precedence.
THIS SPACE BLANK.
A. Signs allowed in residential zoning districts.
TABLE 20.10
SIGN STANDARDS BY ZONING DISTRICT
IS
MIN
N.
0, x1mg M;
Jr k nii
Ar
K 01,quippments
Name plate
Single-family
Wall
One per single-
2 sq. ft.
Below eave of
Near main
Internal
Address only
family use
roof or parapet
entrance
only
uses
Identification
sign
Wall or
One per multi-
Below eave of
Near main
Yes
Cabinet signs
Multi-family
ground sign
family use
12 sq. ft,
roof or parapet
entrance
not allowed
for wall sign
uses
Residential
At primary
community
Wall or
2 per primary
40 sq. ft. total
6 ft
entrances to
1 Indirect
Cabinet signs
identification
ground
entrance
residential
only
not allowed
signs
community
B. Signs allowed in commercial, industrial zoning districts.
Table 20.10
atilc'�g
wgn HRR
1. On-site sign.
Mi
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ff
.P. HN�:�
Hi
One freestanding
U
uIre, ph
sign allowed per
Freestandi
site.
May be used in
Located on
ng signs.
combination with
Not to
street frontage
Permitted
other allowed
1.0 sq. ft. of sign area
exceed 20
ft. in height
only. At least
15 feet from any
See 20.67.080
on sites with
building signs.
per lineal foot of
for pylon
building sign
for sign
minimum 50
Additional signs for
primary street
signs, or 8
and 50 feet
Yes
standards for
ft. of
sites with more than
frontage, 75 sq. ft.
ft. for
from any
freestanding
frontage.
300 linear feet of
max per sign
monument
freestanding
signs.
street frontage
through the
si gns.
sign on an
approval of a
adjacent site.
Comprehensive
Sign Program.
2. On-site sign.
Building
One sign per
1.5 sq. ft. of sign area
Shall not
Primary
signs.
primary building or
per lineal foot of
extend
frontage.
tenant frontage.
primary building
above
Wall,
May be wall,
frontage or tenant
adjacent
See 20.67.060
projecting,
projecting, window
frontage total for any
parapet or
Yes
for sign
window, and
(,)'
combination of
roof or
standards by
awning
or awning signs.
Second story,
building signs and
above
sign type
signs.
window or awning
window signs. 75 sq.
bottom of
signs only. (2)
ft. maximum sign area
lowest
Roof sign
per sign.
second-
Table 20.10
aj 1,0 6i SIR,
7W
V-1i St
. ....... .... . it
Ares
fln.
20 sq. ft. max for
-it
ei
story
JIN,
Wi'
APPIM,
. . . . . . . fit,
X
�A.
only with
variance.
projecting signs.
window or
Window signs, 20%
third-story
max of each window
window for
area.
projecting
ecting
signs. �2)
3. On-site sign.
Shall not
Secondary
extend
frontage.
above
50% of sign area
adjacent
Building
One sign per
allowed for primary
parapet or
signs.
secondary building
building frontage total
roof or
or tenant frontage.
for any combination of
above
See20.67.080
Wall,
May be wall,
building signs.
bottom of
Yes
for sign
projecting,
projecting, window,
10 sq. ft. max for
lowest
standards by
window, and
or awning sign.
projecting signs
second
sign type
awning
Second story,
Window signs, 25%
story
signs
window or awning
(2)
max of each window
window or
signs only.
area.
third-story
window for
projecting
ecting
signs (2)
Table 20.10
The number of allowed building- mounted signs is one per primary frontage and one per secondary frontage. Building signs include
wall, projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi-tenant directory
sings, and temporary signs are not included in this restriction.
(2) Wall signs are allowed for multi-tenant buildings for second story occupancies with exterior entrances.
MaX
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Ell
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rg to,
10 ft.
Building
One per
Maximum.
Near main
4. On-site sign.
signs.
establishment.
8 ft. of
entrance and
See20.67.080
Pedestrian
Flush-
Allowed in
3 sq. ft. of sign area.
clearance
below
oriented to
No
for sign
standards by
oriented sign.
mounted or
combination with
bottom of
pedestrians.
sign type
projecting.
other building signs.
ecting
projecting
Not above 10 ft.
sign.
5. On-site sign.
Canopy sign
Two per canopy if
Shall be part of and
Not above
Signs shall be
Entry canopy
both are not visible
shall not exceed
upper most
placed on outer
sign
at the same time.
limitation of entry
part of
faces of canopy
No
canopy.
canopy.
only.
6. Business
Wall or
One per multi-
8 sq. ft. of sign area.
8 ft.
Near main
See 20.67.080
directory.
ground sign
tenant site.
entrance and
for sign
Multi-tenant
oriented to
No
standards by
site
pedestrians.
sign type
The number of allowed building- mounted signs is one per primary frontage and one per secondary frontage. Building signs include
wall, projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi-tenant directory
sings, and temporary signs are not included in this restriction.
(2) Wall signs are allowed for multi-tenant buildings for second story occupancies with exterior entrances.
C. Signs allowed in open space, GEIF (government, education, institutional facilities) zoning districts.
Table 20.10
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Un
1,
1. On-site sign.
One freestanding
monument sign
allowed per site.
Freestandi
May be used in
Located on
combination with
street frontage
ng signs.
other allowed
only. At least
See 20.67.080
Permitted
building signs.
1.0 sq. ft. of sign area
15 feet from any
for sign
on sites with
Additional signs for
per lineal foot of
primary street
8 ft.
building sign
Yes
standards for
minimum 50
sites with more than
frontage, 75 sq. ft.
and 50 feet
freestanding
ft. of
300 linear feet of
from any
monument
frontage.
street frontage
n per sign
max p
freestanding
signs.
through the
sign on an
approval of a
adjacent site.
Comprehensive
Sign Program.
2. On-site sign.
Building
1.0 sq. ft. of sign area
Shall not
Primary
One sign per
per lineal foot of
extend
frontage.
signs.
primary building
primary building
above
See 20.67.080
Wall and
frontage. May be
frontage or tenant
adjacent
for sign
awning
wall or awning
frontage total for any
parapet or
Yes
standards by
signs.
signs. (1) Second
combination of
roof or
sign type
story awning signs
building signs and
above
only. (2)
window signs. 50 sq.
bottom of
ft. maximum sign area
lowest
Table 20.10
iLICI
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Al
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'4A4
Rg .
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ax UMN um 'Pili
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'I Nil -N;�L fl B
'e
1� 1, 11 '� tl.
tit it,
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per sign.
second-
story
window.
3. On-site sign,
Shall not
Secondary
extend
frontage.
One sign per
above
Building
signs.
secondary building
50% of sign area
adjacent
parapet or
See20,67.080
frontage. May be
allowed for primary
roof or
for sign
Wall and
Wall or awning sign,
building frontage total
above
Yes
standards by
awning
(1) Second story
for any combination of
bottom of
sign type
awning signs only.
building signs.
lowest
signs
(2)
second
story
window
10 ft,
Building
One per
Maximum.
Near main
4. On-site sign.
signs.
establishment.
8 ft. of
clearance
entrance and
See20,67.080
for sign
Pedestrian
Flush-
Allowed in
3 sq. ft. of sign area,
below
oriented to
No
standards by
oriented sign.
mounted or
combination with
bottom of
pedestrians.
sign type
projecting.
other building signs.
projecting
Not above 10 ft.
sign.
5. On-site sign.
Canopy sign
Two per canopy if
Shall be part of and
Not above
Signs shall be
No
Entry canopy
both are not visible
1 shall not exceed
upper most
placed on outer
Table 20.10
-M,
v`
50M
T
"MIP
sign
at the same time.
limitation of entry
part of
faces of canopy
canopy.
canopy.
only.
6. Directory
Wall or
One per multi-
8 sq. ft. of sign area.
8 ft.
Near main
See 20.67.080
sign
ground sign
tenant site.
entrance and
for sign
oriented to
No
standards by
pedestrians.
sign type
The number of allowed building-mounted signs is one per primary frontage and one per secondary frontage. Building signs include
wall, projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi-tenant directory
sings, and temporary signs are not included in this restriction.
(2) Wall signs are allowed for multi-tenant buildings for second story occupancies with exterior entrances.
20.67.080 — Standards for Specific Types of Permanent Signs
A. Awning signs.
1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of
the area of a shed (slope) portion of the awning and valance portion of the
awning. Signs shall be applied flat against the awning surface. In the
case of a barrel — shaped (curved) awning, signs shall not occupy more
than 60 percent of the bottom 12 inches of the awning.
2. Only permanent signs that are an integral part of the awning shall be
allowed. Temporary signs shall not be placed on awnings.
3. Awning signs shall be allowed for first and second story commercial
occupancies only.
4. Awnings shall conform to the size and shape of the window or door they
are above. Overly large awnings and awnings with unusual shapes
designed for the purpose of providing additional sign area are not allowed.
The upper most part of an awning shall not be located more than 2 feet
above a window or door.
5. Awnings shall not be lighted from under the awning (back -lit awning) so
that the awning appears internally illuminated. Lighting directed
downwards that does not illuminate the awning is allowed.
6. A minimum of 8 feet of clearance shall be provided between the lowest
part of an awning and the grade below.
Required Clearance Below Awning
B. Changeable copy signs. A sign that contains a changeable copy element
may be permitted through the approval of a Comprehensive Sign Program in
compliance with Section 20.67.120 (Comprehensive Sign Program) provided
the changeable copy element is a component of another sign type permitted
under the provisions of this Chapter. Approval shall not be based on
message content.
C. Freestanding signs.
1. Freestanding signs include ground- mounted signs (monument) and pylon
signs, which may either have a solid base or a base comprised of two
legs. If legs are provided, the proportional dimensions of the sign shall
comply with the requirements of subsection 3.c., below.
2. Freestanding signs shall be allowed only for parcels with at least 50 feet of
frontage adjoining a public street. In addition, pylon signs are only allowed
when a building is set back from the front property line a minimum of 40
feet.
3. Freestanding signs shall not exceed the following maximum height
dimensions and shall not exceed the proportional dimensions provided
below:
a. Pylon sign: Maximum height = 20 feet
b. Monument sign: Maximum average height = 6 feet; Maximum overall
height = 8 feet, including decorative elements and architectural
features
c. Proportional dimensions shall be as follows:
THIS SPACE BLANK.
1)
Maximum W = 30% x H
Maximum LH = 33% x H
Maximum 0 = 50% x W
Minimum LW = 25% x W
Pylon Sinn
2) Monument Sign
H= height inclusive of the base
W= width exclusive of the base
Maximum W= 1.5 x average H
mac --t
W.
3096 of N
height
SIGN W -vwaltt,
AREA LW -log width
LH -leg height
0 - .,then,
height
20 Soe, of W
H 3 3% OfH
L
-U�
.W - 25% tf W
max. W=
1.5 x average
height
ma X. SIGN AREA
avg. height
6'
H = height including base
W = width
----- -----
R) X.
SIGN AR EA
G,
Max.
avg. height
'lax.
6'
height
I
8'
ade
d 9t
mac --t
W.
3096 of N
height
SIGN W -vwaltt,
AREA LW -log width
LH -leg height
0 - .,then,
height
20 Soe, of W
H 3 3% OfH
L
-U�
.W - 25% tf W
max. W=
1.5 x average
height
ma X. SIGN AREA
avg. height
6'
H = height including base
W = width
----- -----
max.
height
SIGN AR EA
G,
Max.
81
Avg. height
3. Freestanding signs shall be set back a minimum of 5 feet from a street or
interior property line and a minimum of 10 feet from the edge of a
driveway.
4. To ensure the readability of freestanding signs, the minimum letter size
allowed shall be 12 inches. Sign copy shall not be located closer than one
half -letter height to the sign edge or other line of copy.
5. There shall be a minimum of 50 feet between freestanding signs on
adjoining sites to ensure adequate visibility for all signs.
6. Freestanding signs shall be a minimum of 50 feet from a lot line of any
residentially zoned property.
7. Freestanding signs shall not block visibility for motorists at intersections or
driveways.
S. Freestanding signs shall not project over any building, or over any on -site
driveway or vehicle circulation area.
9. The supporting structure of a pylon sign shall not include exposed metal
pole(s), but shall be surrounded by a decorative cover that is
architecturally compatible with the sign cabinet and the architectural
character of buildings on the site.
10. Landscaping with automatic irrigation shall be provided at the base of the
supporting structure equal to twice the area of one face of the sign or 75
square feet, whichever is greater. For example, 40 sq. ft. of sign area =
80 sq. ft. of landscaped area. The Planning Director may waive or modify
this requirement on a case -by -case basis to take into account existing
conditions.
11. Freestanding signs shall contain an address plate identifying the subject
property. Numbers shall be a minimum of 6 inches in height and shall be
clearly visible from the public right -of -way. Address plates shall not be
calculated against the allowed sign area,
Ground Sign with Appropriate Address
D. Luminous tube signs. The use of luminous tubes for signs shall be allowed
in commercial zoning districts only subject to the following requirements.
1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a
maximum 30 milliamps per circuit and be designed to accommodate a
dimmer in order to reduce the brightness of the sign.
2. The manufacturer shall be registered with Underwriters Laboratories.
3. Tubing shall not exceed one half inch in diameter
4. Luminous tube lighting adjacent to residential uses shall not exceed one
half footcandle measured at the property line.
5. Luminous tubes shall not be combined with any reflective materials (e.g.,
mirrors, polished metal, highly glazed tiles, or other similar materials.
6. Luminous tube lighting that surrounds a window, door, or similar element
is not allowed.
E. Pedestrian- oriented signs.
1. Signs may be placed perpendicular to the building fagade (projecting) or
mounted flat against the wall near the building entrance.
2. Supporting arms or frames for projecting signs shall be of a decorative
design compatible with the design of the sign.
3. Double -faced projecting signs shall be considered a single -face sign for
the purpose of calculating sign area.
F. Projecting signs.
1. Signs shall not project more than 5 feet over public property and shall not
project to within 2 feet of the curb line. The distance any sign may project
over public property or beyond a required setback line is governed by the
following table:
Distance Above
Sidewalk or
Grade Immediately
8' -10'
>10' -12'
>12' and up
Below
Sign.
Maximum Projection
Over
Property Line or
3'
4'
5'
Building
Line.
Projecting Sign
Line "A." At street
comers, signs may
extend to Line "A"
at an angle of 450
5'
4'
3'
12'
10'
8,
a
0
a
Maximum Sign Projection
2. The thickness of any portion of a sign that projects over public property or
beyond a setback line shall be as follows:
Projection
1 5'
4'
3'
2'
Maximum Thickness
1 2'
2' -8"
3' -4"
4'
3. Maximum sign area shall be 20 square feet for a primary frontage and 10
square feet for a secondary frontage.
4. Projecting signs shall provide a minimum vertical clearance of 8 feet
above the surface over which they project.
5. Projecting signs shall not project into an alley or parking area more than 3
feet and shall not be less than 14 feet above the surface where vehicles
are allowed.
6. Internally illuminated projecting signs shall have opaque face panels so
that only the letters, number, symbols, or logos appear illuminated.
7. Projecting signs shall not be closer than 10 feet to another projecting sign
or to a freestanding sign or 5 feet from an interior property line or line
dividing 2 separate business frontages.
8. Projecting signs shall not project above an apparent eave or parapet,
including the eave of a mansard or simulated mansard roof or above the
bottom of a third -story window.
G. Projector sign.
1. A projector sign shall project only upon the property occupied by the
associated use or the public right -of -way within 10 feet of the building
occupied by the use.
2. The sign area of the projector sign shall be included within the overall
allowed sign area for the use.
3. Illumination from the projector mechanism shall not pose a hazard for
pedestrians or motorists and shall be screened from view to the maximum
extent feasible.
H. Signs on architectural projections. The following regulations apply to signs
that are located on, attached to, or are an integral part of a projecting
architectural feature (e.g., canopy) located not more than 15 feet above street
level.
1. Signs may be erected on top of an architectural projection provided the
sign is comprised of three - dimensional letters only that do not exceed 18
inches in height. No internal illumination is allowed.
2. Signs may be attached to the face of an architectural projection provided
the sign does not exceed a maximum thickness of 10 inches as measured
from the face of the sign to the outer face of the architectural projection
and that the letters do not exceed a height of 18 inches. No internal
illumination is allowed.
3. The maximum sign area for signs mounted on architectural projections
shall be included with other permitted signs identified in Table 20.10
(Standards for Permanent Signs).
4. Signs may be placed below and may be supported by an architectural
projection provided the sign shall not exceed 4 feet in length and 16
inches in height. Internally illuminated signs are not allowed. Signs shall
not be less than 8 feet above the sidewalk and shall be placed
perpendicular to the face of the building.
I. Wall signs.
1. Signs shall be located only on a designated building frontage and shall not
extend above an eave or parapet, or above or below a fascia on which
they are located.
Appropriate Wall Sign Location
Not Allowed
2. Signs located on adjacent walls on the same building shall be separated
by a minimum of 30 feet measured along the exterior walls of the building.
Required Separation of Wall Signs
3. Signs may be either internally or externally illuminated. Internally
illuminated cabinet signs shall comply with the provisions of Subsection
20.67.100.1 (Illuminated Signs).
4. Electrical raceways shall be integrated with the overall design of the sign
to the greatest degree. Raceways shall not extend beyond the outside
edges of the sign copy and shall be painted to match the color of the
background on which they are placed.
5. Signs shall be placed flat against the wall and shall not project from the
wall more than required for normal construction purposes and in no case
more than 12 inches.
6. Signs shall be located within the middle 50 percent of the building or
tenant frontage measured from lease line to lease line. The Planning
Director may waive this requirement where it can be clearly demonstrated
that it severely limits proper sign placement.
1—:19 FEET I" 10 FT- 1
I u FEET - • }•. Da FEET --. )
Appropriate Wall Sign Location
7. Signs attached to the sloping face of hipped /sloped roofs, mansard
overhangs, or similar architectural features intended to resemble or imitate
roof structures shall require approval of a Modification Permit.
J. Window signs, permanent and temporary.
1. Window signs, including permanent and temporary signs shall not occupy
more than 20 percent of the total window area on either a designated
primary or secondary building frontage. For the purpose of this
requirement, a window is any glazed area, including glass curtain walls.
2. Signs shall be allowed only on windows located on the ground floor and
second story of either a designated primary or secondary building
frontage.
3. Signs shall be permanently painted or mounted on the inside of windows
and doors except for allowed temporary signs.
4. Signs within 5 feet of a storefront window shall be counted as window
signs for the purpose of calculating total sign area and number of signs.
K. Miscellaneous signs.
1. Business directory signs. Multi- tenant buildings are allowed tenant
directory signs with a maximum area of 8 square feet each. No
illumination is allowed.
2. Service station signs. The following regulations shall be applicable to
service stations, in addition to all other provisions of this Chapter.
a. General.
(1) Signs shall be located so as not to impede vehicular sight distance
to the satisfaction of the Traffic Engineer.
(2) Instructional and warning signs and signs required or authorized by
state or federal law shall be exempt from the provisions of this
section.
b. Ground signs.
(1) Number. One per site.
(2) Area. Not to exceed 20 square feet; 36 square feet when
combined with a fuel price sign.
(3) Height. Not to exceed 4 feet.
(4) Additional Regulations. Ground signs shall be located in a
landscaped planter with a minimum area equal to the area of the
sign.
THIS SPACE BLANK.
c. Fuel price signs.
(1) Number. One per street frontage.
(2) Area. Twelve square feet per sign.
(3) Height. Not to exceed 4 feet.
(4) Additional Regulations.
(a) Separate fuel price signs shall only be permitted in lieu of the
36- square foot combined ground sign /fuel price sign permitted
in this Subsection.
(b) Fuel price signs shall advertise the price and grade of fuel only
and no other advertising shall be permitted unless in conjunction
with a monument as provided in this section.
(c) Fuel price signs shall be located in a landscaped planter with a
minimum area equal to the area of the sign.
d. Wall signs.
(1) Number. One per building frontage.
(2) Area. The area of a wall sign shall not exceed 1 square foot for
each lineal foot of building frontage.
(3) Length. The length of a wall sign may be up to 50 percent of the
building frontage, not to exceed 30 feet.
e. Canopy signs.
(1) Type. Signs on service station canopies shall be limited to logos
only.
(2) Number. One canopy sign per street frontage.
(3) Area. The area of a canopy sign shall not exceed 6 square feet.
(4) Additional Regulations. Canopy signs shall not extend beyond the
gable or fascia board of the canopy.
f. Service island signs. One sign, not exceeding 4 square feet, shall be
permitted on or in front of each end of a service island to identify
methods of sale (i.e., self -serve or full - serve).
g. Window signs.
(1) Number. One per window.
(2) Area. No permanent window sign shall cover more than 20 percent
of the visible window area.
(3) Materials. Permanent window signs shall be applied directly to the
window surface.
h. Temporary signs.
Refer to Section 20.67.090 (Standards for Temporary Signs)
20.67.090 — Standards for Temporary Signs
A. Number, size, and duration allowed. Table 20.20 provides standards under
which temporary signs are allowed. Temporary signs are allowed in addition
to the number of permanent signs allowed for the property. However,
combinations of permanent and temporary window signs shall not cover more
than 20 percent of any window. References in the last column provide
additional regulations for specific sign types located elsewhere in this
Chapter. In the case of an inconsistency between regulations provided in the
table and regulations provided for general or specific sign types, the general
regulations or regulations for specific sign types shall take precedence.
TABLE 20 -20
TEMPORARY SIGNS
Sign Type
=„
Maxrimum
Number
Maximum:
Area.::
Maximum `
Height .'
Duration
Additional'
Requirements
75 sq. ft. for
1 sign per
banner, 3
10 ft. or
Up to 4
Promotional
site,
sq. ft. for
bottom of
times per
Subject to all
temporary
including
rigid sign.
Window
lowest
year, not to
exceed 60
requirements
banners.
window
signs, 20%
second floor
days total
of this Section.
signs.
of any
window.
per year.
window
area.
TABLE 20 -20
TEMPORARY SIGNS
Sfgn Type
M
XIMUM7
Duration
Additional
Number
Area;.
Height,.
Requirements
Establishme
Allowed only
nt
One sign per
Same as for
Same as for
60 days per
while
identification
building
permanent
permanent
calendar
permanent
frontage.
signs.
signs.
year.
signs are being!
obtained.
Displayed
after
issuance of
building
Construction
permit or
equivalent;
Only on the
project
1 sign per
32 sq. ft. per
8 ft. in
shall be
property where
signs.
street
sign in non-
nonresidenti
removed
construction is
frontage, 2
residential.
al
after
taking place
Nonresidenti
signs
6 sq. ft. in
4 ft. in
earliest of
and shall not
al and
maximum
residential
residential
certificate of
obstruct
Residential
completion,
visibility at
certificate of
intersections.
occupancy,
or final
building
inspection.
Mounted only
on portable
easel -type
During
structures; only
Restaurant
1 per
4 sq. ft. per
5 ft
hours
on property of
menu signs
restaurant
sign.
'
establishme
the
nt is open.
establishment
within 10 ft of
the primary
entrance.
TABLE 20 -20
TEMPORARY SIGNS
Sign Type
Maximum
i Maximum
Maximum
Duration
Additional
Number
Area:
Height
Regwrements.`
........ ..........:
Real estate
signs for
residential
Allowed in compliance with Subsection 20.67.090.H (Real estate
and
signs), below
nonresident!
Temporary Sign Permit not required.
al properties
Search
lights, Klieg
Allowed in conjunction with Special Event Permit.
lights
Shall be
placed only
on the
property
where the
sale is being
Yard sale
1 sign per
2 days
held.
Allowed in
sign
street
3 sq. ft
4 ft.
within a 30-
compliance
frontage
day period.
with
Subsection
20.67.100.8
(Exemptions
to Sign Permit
requirement),
below.
D. Placement of temporary signs.
1. Signs are allowed on private property only and shall not be placed in
public rights -of -way or at off -site locations.
2. Signs may be placed only on building frontages in locations where
permanent signs are allowed.
3. Sign shall not be attached to temporary structures, except restaurant
menu signs, which may be attached to easel -like structures.
E. Illumination prohibited. Signs shall not be illuminated.
F. Durable materials required. Signs shall be constructed of durable material
suitable to their location and purpose.
G. Removal of signs. Temporary signs and their components shall be promptly
removed at the expiration of the Temporary Sign Permit.
H. Real estate signs.
1. Residential Districts.
a. Real estate signs are permitted, on a temporary basis, in residential
zoning districts, subject to the criteria provided in this Subsection.
(1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as well as PC
Districts that provide for residential uses and contain no specific
provisions relative to temporary signs, temporary real estate signs
are permitted subject to the following:
(a) One sign per lot except as provided in Subsections (e) and (f)
below;
(i) The sign shall not exceed 216 square inches (1.5 square
feet);
(ii) The sign may have one rider not to exceed 94 square
inches;
(iii)The sign may include one brochure box not to exceed 154
square inches. For purposes of this section, a brochure box
means a plastic or metal container designed to hold
brochures or flyers describing or advertising the real property
for sale, lease, rent, or exchange;
(iv)The overall height of the installed sign, rider, and brochure
box shall not exceed 4 feet above ground unless the sign is
mounted flush to a wall;
(b) The sign shall be placed on the parcel for sale, lease, rent, or
exchange and shall not be installed in a manner that creates a
hazard for traffic or pedestrians;
(c) No flags, pennants, balloons, or other attention - attracting
devices shall be displayed;
(d) The sign shall be removed immediately after the sale, lease, or
rental of the property has been consummated;
(e) One additional real estate sign may be posted during the time
an owner or owner' s agent is on the premises and the premises
are open for inspection, subject to the following:
(i) The sign shall not exceed 216 square inches (1.5 square
feet) and riders are not permitted;
(ii) The sign shall not be installed in medians or anywhere within
the traveled way of any street or highway, nor installed in a
manner that creates a hazard to traffic or pedestrians;
provided, however the sign may be installed on or in a
vehicle parked on the street adjacent to the property for sale,
lease, rent or exchange if there is no feasible way of
installing the sign on private property due to absence of front
yard setback or other conditions;
(iii)The overall height of the sign shall not exceed 4 feet above
ground unless the sign is installed on a vehicle as provided
in the paragraph above; or other conditions exist that require
the sign to exceed 4 feet to be reasonably visible from the
street; however, in no event shall the sign be higher than
necessary to be reasonably visible from the street;
(f) In addition to the real estate sign permitted in Subsection (e),
above, 3 off -site signs are permitted when the owner or owner's
agent is on the premises and the premises are open for
inspection, subject to the following:
(i) Each off -site real estate sign shall not exceed 216 square
inches (1.5 square feet) and riders are not permitted;
(ii) The overall height shall not exceed 4 feet above ground;
(iii) The sign shall not be installed before 8:00 a.m. and shall be
removed no later than sunset;
(iv) The sign shall not be installed in medians or anywhere
within the traveled way of any street or highway, nor installed
in a manner that creates a hazard to traffic or pedestrians.
The sign shall not be attached to any public property.
b. All Residential Districts. Residential properties shall be permitted
one real estate sign not exceeding 20 square feet in area that
advertises the first sale of structures and /or lots in any district for a
period of time not to exceed one year following the recordation of the
final subdivision map.
2. Commercial and Industrial Districts. Commercial and industrial
properties shall be permitted one temporary real estate sign not exceeding
20 square feet in area that advertises the sale, rental or lease of the
premises upon which the sign is located. Permanent installations of real
estate signs shall be subject to the sign standards for permanent signs in
this Chapter for commercial, office, and industrial zones.
20.67.100 — Procedures for Sign Approval, Exemptions, and Revocations
A. Sign Permits.
1. Sign Permit Required (including Temporary Signs).
a. To ensure compliance with the regulations contained in this Chapter, a
Sign Permit shall be required in order to erect, move, alter, change
copy on, or reconstruct any permanent or temporary sign or sign
structure except for signs exempt from permits in compliance with
Subsection B, below. Sign Permits are also required for signs
approved through a Comprehensive Sign Program as provided in
Section 20.67.120. An application for a Sign Permit shall be made in
writing on standard official forms furnished by the Planning
Department.
2. Approving authority. Sign Permits, including those for temporary signs
shall be issued under the direction of the Planning Director when they
comply with the provisions of this Chapter. The Planning Director shall
review all Sign Permit applications for conformance with the provisions of
this Chapter.
a. For signs that comply with the provisions of this Chapter and do not
require discretionary review:
(1) The Planning Director shall issue or deny the permit to the
applicant within 90 days from the receipt of a complete application
and the applicable fees.
(2) Failure of the Planning Director to approve or deny the permit within
the 90 days shall result in the permit being granted.
(3) If the application is denied, the Planning Director shall notify the
applicant with the reason(s) stated for denial. Notification shall be
sent first class United States mail to the address provided on the
license application that shall be considered the correct address.
Each applicant has the burden to furnish any change of address to
the Planning Director, by United States certified mail, return receipt
requested.
(4) In the event an application is denied, the applicant may appeal the
Planning Director's decision in compliance with the provisions of
Section 20.95 of this Chapter.
b. Annual Approval of Promotional Temporary Sign Permit. The
Planning Director shall approve a Temporary Sign Permit for a
temporary promotional banner on an annual basis that allows the
applicant to tailor the duration and the number of days allowed under
the permit to meet the particular needs of the establishment as long as
the total number of days that the sign is allowed does not exceed 60
days per calendar year.
B. Exemptions to Sign Permit requirement. Sign Permits shall not be
required for the signs exempted in this Section. Exempt signs shall not be
included in the determination of the total allowable number of signs or total
allowable sign area for a site or project. However, exempted signs shall be
required to adhere to the regulations established for each sign type. Signs
erected without complying with the applicable regulations are considered
illegal and may be removed in compliance with Section 20.67.160 (Illegal
Signs). An exempt sign may still require a Building Permit, subject to the
provisions of Chapter 15.16.
1. On -site, non - illuminated signs. The following on -site, non - illuminated
signs shall not require issuance of a Sign Permit:
a. Accessory signs. Small window signs indicating hours of operation or
that an establishment is "Open" or "Closed" for business, limited to a
maximum of 2 square feet in area for all accessory signs. No more
than three signs per establishment frontage. Accessory window signs
shall not be included in permanent window sign area calculations,
except if illuminated.
b. Building markers. Commemorative plaques, tables, date of
construction, and similar signs when carved in stone, concrete, or
similar materials or made of bronze, aluminum, or other similar
permanent material. Signs shall not exceed 2 square feet in area.
c. Bulletin boards. Bulletin boards for any legal, noncommercial
establishment, when located on the premises of the establishment and
not over 12 square feet in area.
d. Construction project signs. Subject to the limits on size and display
duration of 20.67.090 (Standards for Temporary Signs), Table 20 -20
(Temporary Signs).
e. Change of copy. Changing the copy in changeable copy signs in
existence as of the date of adoption of this Chapter, or approved
through the Comprehensive Sign Program.
f. Flags. Flags bearing noncommercial messages or graphic symbols,
and flags bearing on -site commercial messages or graphic symbols,
shall not require the issuance of a Sign Permit, subject to the following
restrictions:
(1) Flags bearing commercial messages shall not be displayed in
residential zones.
(2) A maximum of three flags may be displayed on any single
parcel. However, only one flag bearing an on -site commercial
message may be displayed on each parcel in nonresidential
zones.
(3) No single flag shall exceed 40 square feet in area. The
aggregate area of all flags displayed on any single parcel shall
not exceed 72 square feet. For purposes of determining flag
size, only one side of the flag shall be counted as a display
surface.
g. Gasoline pump signs. Shall be consistent with Section 20.67.080 (K)
(3) (Service Station Signs).
h. Government signs. A sign erected by a federal, state, county,
agency, or the City.
L Holiday window painting. Signs and decorations painted on or
applied to windows pertaining to holidays and seasonal events when
the signs contain no reference to the goods or services sold or
provided by the establishment. All signs and /or decorations shall be
removed within 10 days following the applicable holiday.
j. Incidental signs. Signs or notices that are incidental to an
establishment (e.g., hours of operation, credit card information,
emergency contact information, etc.) provided the signs do not exceed
4 square feet in area for all such signs.
k. Official signs. Official and legal notices required by a court or
governmental agency.
I. Portable parking lot and valet parking signs. One freestanding
portable sign at each parking lot entrance limited to 10 square (2'x5')
feet in area. Sign shall not cause hazard to driver visibility or
pedestrian movement. Subject to the approval of a valet parking plan.
m. Public service signs. Signs of utilities or other publicly regulated
service providers indicating danger, and aids to service or safety,
including official advisory and signal flags.
n. Real estate window listing. A real estate office may place its
listing(s) in a front window provided the gross area occupied by the
listing(s) do /does not cover more than 50 percent of the window.
o. Residential signs. Up to 3 noncommercial signs, with a maximum
total sign area of 6 square feet and a maximum height of 4 feet.
p. Restaurant menu signs. Restaurant menu signs not exceeding 4
square feet.
q. Site address. Limited to one per street frontage subject to the
following standards:
(1) The total aggregate sign area shall not exceed 72 square inches.
Individual numbers and letters shall not exceed a height of 8
inches.
(2) The sign shall be placed in an area adjacent to or near the primary
entrance of the structure or property frontage and face the street
curb in front of the structure.
r. Temporary real estate signs. Real estate signs in compliance with
Section 20.67.090 (H) (Real estate signs).
s. Vehicle- oriented directional signs. Signs solely for the purpose of
guiding traffic, parking, and loading on private property subject to
approval by the Public Works Department. One safety or directional
sign for each vehicle entry to a site with a maximum area of 3 square
feet per sign. Maximum sign height shall be 4 feet. Additional signs
may be allowed with approval of a Comprehensive Sign Program.
t. Yard sale signs. Subject to the limits on size and display duration of
20.67.070 (C) on Table 20 -20 (Temporary Signs)
2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not
be considered erecting or altering a sign, and therefore shall not require a
Sign Permit, unless structural changes are made.
C. Revocation of Sign Permit. The Planning Department may, in writing,
suspend or revoke a Sign Permit issued under the provisions of this Chapter
if the permit was issued on the basis of a material omission or misstatement
of fact, or in violation of any ordinance or any of the provisions of this
Chapter.
20.67.110 — Modification Permit
A. Applicability. The Zoning Administrator may grant a Modification Permit in
compliance with the provisions of Section 20.93 (Modifications Permits) to
allow deviations to the height, type, location, number, and area of signs.
B. Required findings. In order to grant a Modification Permit, the Zoning
Administrator shall find that the granting of a Modification Permit:
1. Is necessary due to practical difficulties associated with the property, and
the strict application of the Zoning Code would result in physical hardships
that are inconsistent with the purpose and intent of the Zoning Code, and
2. The result of the requested modification will be compatible with the
existing development(s) in the area, and
3. The granting of the Modification Permit will not adversely affect the health
or safety of persons residing or working in the neighborhood of the
property, and not be detrimental to the general welfare or injurious to
property or improvements in the neighborhood.
C. Appeals. Actions of the Zoning Administrator may be appealed to the
Planning Commission in compliance with the provisions of Chapter 20.95.
(Appeals).
20.67.120 — Comprehensive Sign Program
A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all
of a project's signs, including a project identification sign with the overall site
design and the structures' design into a unified architectural statement. A
Comprehensive Sign Program provides a means for the flexible application of
sign regulations for projects that require multiple signs in order to provide
incentive and latitude in the design and display of multiple signs and to
achieve, not circumvent, the purpose of this Chapter.
B. Applicability. The approval of a Comprehensive Sign Program shall be
required whenever any of the following circumstances exist.
1. Whenever 3 or more separate tenant spaces are present on the same
parcel;
2. Whenever 3 or more non - exempt signs are proposed for a single- tenant
development;
3. Whenever signs are proposed to be located on or above the second story
on a multi -story building.
4. Whenever a project or parcel has more than 300 linear feet of frontage on
a public street.
5. Whenever an existing multi- tenant development of 3 or more tenants is
being remodeled or rehabilitated to the extent that the value of the work
will be greater than 20 percent of the replacement cost of the building; or
6. Theater signage. A Comprehensive Sign Program for a theater or cinema
use may authorize signs that deviate from the standards of this Chapter.
The Comprehensive Sign Program may allow marquee signs, brighter
lights, and design features not otherwise authorized by this Chapter if the
sign is generally consistent with the adopted sign design guidelines and
the purposes of this Chapter. Approval shall not be based on message
content.
7. Whenever the Planning Director determines that a Comprehensive Sign
Program is needed because of special project characteristics (e.g., the
size of proposed signs, limited site visibility, a business within a business,
the location of the site relative to major transportation routes, etc.).
8. A Comprehensive Sign Program shall not be used to override the
prohibition on new billboards set forth in Section 20.67.120 of this
Chapter, above.
C. Approval authority and limitation. The Zoning Administrator is the
approving authority for a Sign Permit for a Comprehensive Sign Program.
The Zoning Administrator shall not approve an increase in sign height by
more than 20 percent above that allowed or an increase in sign area by more
than 30 percent above that allowed. Increases above the limits provided
above may be allowed with the approval of a Modification Permit.
D. Application requirements. A Sign Permit application for a Comprehensive
Sign Program shall include all information and materials required by the
Planning Director, and the filing fee set by the City Council's fee resolution.
E. Standards. A Comprehensive Sign Program shall comply with the following
standards:
1. The proposed sign program shall comply with the purpose and intent of
this Chapter, any adopted sign design guidelines and the overall purpose
and intent of this Section;
2. The proposed signs shall enhance the overall development, be in
harmony with, and relate visually to other signs included in the
Comprehensive Sign Program, to the structures and /or developments they
identify, and to surrounding development when applicable;
3. The sign program shall address all signs, including permanent, temporary,
and exempt signs.
4. The sign program shall accommodate future revisions that may be
required because of changes in use or tenants;
5. The program shall comply with the standards of this Chapter, except that
deviations are allowed with regard to sign area, total number, location,
and /or height of signs to the extent that the Comprehensive Sign Program
will enhance the overall development and will more fully accomplish the
purposes and intent of this Chapter; and
6. Approval of a Comprehensive Sign Program shall not authorize the use of
signs prohibited by this Chapter.
7. Review and approval of a Comprehensive Sign Program shall not
consider the signs' proposed message content.
F. Revisions to Comprehensive Sign Programs. The Planning Director may
approve revisions to a Comprehensive Sign. Program if the intent of the
original approval is not affected. Revisions that would substantially deviate
from the original approval shall require the approval of a new /revised
Comprehensive Sign Program by the Zoning Administrator.
20.67.130 — Innovative Sign Program
A. Purpose. The purpose of the Innovative Sign Program is to:
1. Encourage signs that are unique in their design approach and use of
materials; and
2. Provide a review process for the application of sign regulations to
innovative signs.
B. Applicability. An applicant may request approval of a Sign Permit under the
Innovative Sign Program to authorize an on -site sign or signs that differ from
the provisions of this Chapter but comply with the purpose of this Chapter and
Section.
C. Approval authority. A Sign Permit application for an Innovative Sign shall
be subject to approval by the Planning Commission.
D. Application requirements. A Sign Permit application for an Innovative Sign
shall include all information and materials required by the Planning Director,
and the filing fee set by the City Council's fee resolution.
E. Design criteria. In approving an application for an Innovative Sign, the
Planning Commission shall ensure that a proposed sign or signs meets the
following design criteria:
1. Design elements. The sign shall contain at least one of the following
elements:
a. Classic historic design style (ghost sign, metal, carved wood, etc.);
b. Creative image reflecting current or historic character of the City;
c. Symbols or imagery relating to the beach, ocean recreation, fishing,
maritime industry, and /or the related business; or
d. Inventive representation of the use or name /logo of the business.
2. Architectural criteria. The sign shall:
a. Utilize and /or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of
the building's facade and not cover any key architectural
features/details of the facade.
3. Contextual criteria. The sign shall:
a. Be in scale and proportion with the structure where it is placed;
b. Be placed to respect and enhance the key architectural elements of
the building; and
c. Respect the scale and proportion of surrounding commercial
structures and signs.
F. Limitation. Approval of an Innovative Sign Program shall not:
1. Authorize the use of signs prohibited by this Chapter;
2. Authorize any sign that is more than 20 percent larger than it could have
been without the owner's participation in the Innovative Sign Program; or
3. Authorize any sign based on an evaluation of the message displayed.
G. Revisions to Innovative Sign Programs. The Planning Director may
approve revisions to an Innovative Sign Program if the intent of the original
approval is not affected. Revisions that would substantially deviate from the
original approval .shall require the approval of a new /revised Innovative Sign
Program by the Planning Commission.
20.67.140 — Nonconforming Signs
A. Removal of certain types of nonconforming signs. The following
nonconforming signs shall be removed or altered to be conforming within 15
years of the effective date of this section, unless an earlier removal is
required by the provisions of subsection B, below.
1. Roof signs.
2. Pole signs.
3. Internally illuminated signs with a translucent face.
4. Signs with letters, text, logos, or symbols taller than permitted by this
Chapter.
5. Signs that exceed 75 square feet in total sign area.
B. Removal of nonconforming signs. Nonconforming signs shall be removed
if:
1. The nonconforming sign is more than 50 percent destroyed, and the
destruction is other than facial copy replacement. A nonconforming sign
shall be deemed to be more than 50 percent destroyed if the estimated
cost of reconstruction exceeds 50 percent of the replacement cost as
determined by the Building Official.
2. The nonconforming sign is remodeled, unless the sign is remodeled to
comply with the provisions of this Chapter.
3. The nonconforming sign is located on a building that is enlarged or
expanded, if the nonconforming sign is affected by the construction,
enlargement, remodel, or expansion. An enlargement, remodel, or
expansion of the portion of the building upon which the nonconforming
sign is located or that is more than 50 percent of the building area shall be
deemed to affect the nonconforming sign.
4. The nonconforming sign is temporary.
C. Deactivation of flashing features. The owner of a sign that contains
flashing features shall permanently deactivate the flashing features.
D. Continuance of nonconforming signs. Except as provided in 20.67.140
subsections A and B, a nonconforming sign may be continued and shall be
maintained in good condition as required by these regulations, but it shall not
be:
1. Structurally changed to another nonconforming sign, although its copy and
pictorial content may be changed.
2. Structurally altered to prolong the life of the sign, except to meet safety
requirements.
3. Expanded or altered in any manner that increases the degree of
nonconformity.
E. Repairing and repainting. Nonconforming signs shall only be painted and
repaired in place and shall not be removed from their existing location, except
for building remodeling, unless removal of the sign for painting or repair is
part of the sign's customary maintenance and repair.
F. Change of business ownership. Upon a change of ownership, the new
owner of a nonconforming sign may change the name or names on the sign
so long as there is no change in the structure or configuration of the sign.
20.67.150 — Abandoned Signs
A. Removal of abandoned signs.
1. An abandoned sign or an abandoned nonconforming sign shall be
immediately removed by the owner or lessee of the premises upon which
the sign is located or by a person, organization, or other entity that directly
or indirectly receives a benefit from the information contained on the sign.
2. A sign frame or structure that has been abandoned shall be immediately
removed by the owner or lessee of the premises upon which the sign
frame or structure is located.
B. Presumption that a sign is abandoned. A sign that identifies or advertises
a business that has ceased; is located upon a structure that has been
abandoned by its owner; has not identified a bona fide business, lessor,
service, owner, product, or activity available upon the site, for more than 90
days; or that has not been removed within 30 days after the occurrence of the
event or activity, shall be presumed abandoned.
C. Notice that a sign is presumed abandoned. The Planning Director shall
send a person responsible for a sign presumed to be abandoned an
Abandoned Sign Notification. Failure of the person to respond within 30 days
to the Abandoned Sign Notification shall serve as prima facie evidence of
intentional permanent abandonment of the sign.
20.67.160 — Illegal Signs
A. General prohibition. It is unlawful for any person to erect, place, post,
construct, reconstruct, alter, maintain, or move or allow any person to erect,
place, construct, reconstruct, alter, maintain, or move any sign that does not
comply with the provisions of this Chapter.
B. Strict liability. Violations of this chapter shall be treated as a strict liability
offense regardless of intent.
C. Illegal signs identified. The following signs are illegal and declared to be a
public nuisance:
1. A sign erected, placed, posted, constructed, reconstructed, altered,
maintained, or moved after the effective date of this Chapter that does not
comply with any provision of this chapter.
2. A sign that was erected, placed, posted, constructed, reconstructed,
altered, maintained, or moved prior to the effective date of this Chapter
that failed to comply with all regulations in effect at the time the sign was
erected, placed, posted, constructed, reconstructed, altered, maintained,
or moved.
3. A nonconforming sign that is required to be removed or altered by Section
20.67.140 subsections A and B, which is not removed or altered in
compliance with Section 20.67.140 subsections A and B.
4. Signs with flashing elements that are not deactivated.
5. An abandoned nonconforming sign.
6. An abandoned sign.
20.67.170 — Maintenance Requirements
A. Maintenance of signs required. All types of signs, together with their
supports, braces, guys, and anchors shall be properly maintained at all times
with respect to safety, appearance, and structural and electrical features.
B. Proper Maintenance identified. Display surfaces shall be kept clean and
neatly painted and repaired at all times, and there shall be no missing or
damaged messages, graphics, or structural elements, or portions thereof.
Signs shall be refinished to remove rust or other corrosion due to the
elements as necessary. Faded, cracked, or broken faces or surfaces, and
malfunctioning lamps shall be replaced immediately. Awnings that have signs
shall be cleaned periodically and replaced if they become faded, tattered, or
ripped.
C. Administrative procedures applied to signs that are not maintained.
Signs that are not properly maintained shall be subject to the following
administrative procedures:
1. Notice of violation shall be sent by first class United States mail to last
known address of sign owner and /or property owner, informing owner of
time in which removal of sign or repair of condition shall be accomplished.
2. If the owner fails to remove sign or repair the condition, City shall send
final notice by certified United States mail, return receipt requested, and
by first class United States mail, notifying owner that failure to remove or
repair the sign within 30 days shall result in the issuance of an
Administrative Citation, in compliance with the provisions of Title 1 and
Title 20 of the Municipal Code.
3. if the owner does not remove the signor repair the condition within the 30-
day period, an Administrative Citation shall be issued at the end of the 30-
day period.
D. Hazardous signs. If a sign is damaged or not properly maintained to a
degree that causes it to pose a physical danger to persons or property, the
following provisions shall apply:
1. Hazardous signs identified. A hazardous sign is a sign that poses a
danger to the public or that could create a potential hazard. Hazardous
signs are declared to be a public nuisance in compliance with Sections
1.04.020 and 10.50.020(1) of this Code.
2. Removal of hazardous signs. Upon discovering a hazardous condition,
the City may cause the immediate removal of a sign that is a danger to the
public due to unsafe conditions. The determination that a sign has
become hazardous or unsafe shall consider only the physical condition
and characteristics of the sign, and shall not consider the message
thereon. No hearing shall be required for the removal of hazardous signs.
The City is not required to give notice of intent to remove the sign prior to
removal, but shall inform the owner that the hazardous sign has been
removed within seven days of removal, by certified United States mail,
return receipt requested and by first class United States mail.
a. Signs removed in compliance with this Section shall be stored for 30
days, during which time they may be recovered by the owner upon
payment to the City for costs of removal and storage. If not recovered
within the 30 -day period, the sign and supporting structure shall be
declared abandoned and title shall vest with the City. The costs of
removal and storage (up to 30 days) may be billed to the owner. If not
paid, the applicable costs may be imposed as a tax lien against the
property.
3. Penalties. Hazardous signs shall also be subject to the administrative
remedies of the Municipal Code, including Section 10.50.020 and Sections
1.04 and 1.05.
4. Recovery of costs. When the City is required to remove a hazardous
sign, the reasonable cost of the removal and storage may be assessed
against the owner of the sign(s) and /or the property owner. If not paid, the
applicable costs may be imposed as a tax lien against the property.
Notice of the imposition of the tax lien shall be sent to the owner of the
property by certified United States mail, return receipt requested, as well
as by first class United States mail.
20.67.180 — Heritage Signs
A. Designation of heritage signs. The designation of a sign as a heritage sign
is intended to allow nonconforming signs that otherwise would be required to
be removed in compliance with Section 20.67.140 (Nonconforming Signs) of
this Chapter to remain if the sign or the establishment associated with the
sign are determined to have historical or local identity significance to the City
of Newport Beach in compliance with the standards established in this
Section.
B. Application and review authority. Application for heritage sign status may
be submitted by the business owner, property owner, or City for review by the
Planning Commission. The Planning Commission shall review all
applications and approve or disapprove heritage sign status in compliance
with this Section.
C. Heritage sign criteria. The Planning Commission may designate a sign as a
heritage sign if the sign is the type of sign that would be subject to removal as
a nonconforming sign and the sign meets both the following criteria:
1. Historically significant. A sign is historically significant if the sign was
erected or created at least 35 years ago and is either representative of a
significant sign- making technique or style of a historic era or represents
entities or establishments that are an important part of Newport Beach
history.
2. Visually significant. The sign is visually significant in at least two of the
following regards:
a. The sign possess a uniqueness and charm because it has aged
gracefully.
b. The sign remains a classic example of craftsmanship or style of the
period when it was constructed and uses materials in an exemplary
way.
c. The sign compliments its architectural surroundings or is particularly
well integrated into the structure.
d. The sign is an inventive representation of the use, name, or logo of the
building or business.
D. Procedure for designation of heritage signs. The Planning Director shall
review each application for heritage sign status on a case -by -case basis to
assess whether the sign meets the criteria for designation as a heritage sign.
Based on this review, staff shall prepare findings and recommendations to the
Planning Commission regarding their assessment and the application's merit
regarding the designation. The Planning Commission shall review staff
findings and recommendations at a noticed public hearing.
The Planning Commission may direct staff to undertake additional analysis to
assess whether a sign should receive heritage sign status. The Planning
Commission may also direct staff to undertake additional analysis of any sign
already designated as a heritage sign. Staffs additional analyses and
recommendations shall be available for public review and comment prior to
the Planning Commission's subsequent meeting for review and action on a
heritage sign.
Upon due consideration of staffs findings and recommendations plus all
public testimony and comment, the Planning Commission may approve or
deny designation of heritage sign status.
E. Alteration of heritage signs. Designated heritage signs may be not be
physically altered except for routine cleaning and general maintenance.
Cleaning and maintenance shall be consistent with the preservation of the
character or defining features of the sign in all respects. A designated
heritage sign may be removed if desired. If a designated heritage sign is
removed, its heritage status shall be revoked. If the character or defining
features of a designated heritage sign are altered, its designation as a
heritage sign shall be revoked and the sign shall be removed. Where
applicable, the sign may be modified to conform to the requirements of this
Chapter.
SECTION 4: Section 20.42.055 of Title 20 of the Newport Beach Municipal
Code, Mariners Mile Specific Plan, Sign Regulations, is hereby repealed.
SECTION 5: The Balboa Sign Overlay regulations (adopted by Ordinance 2000-
22 on November 14, 2000) are hereby repealed.
SECTION 6: Districting Maps 2, 3, 4, 8, 9, 10, 11 and 12 are hereby amended to
delete all references to the Balboa Sign Overlay.
SECTION 7: Section 20.42.055 (Signs) of Specific Plan #5, Mariner's Mile
(adopted by Ordinance 2000 -20 on October 24, 2000) is hereby repealed.
SECTION 8: Districting Maps 4, 5, 6, 21, and 23 are hereby amended to delete
reference to Specific Plan #5, Mariner's Mile, Section 20.42.055 (Signs).
SECTION 9: Section 10. 50.020 of Title 10 of the Newport Beach Municipal Code
is hereby amended to add subsection L to read as follows:
L. The existence of any abandoned, illegal, deteriorating and /or unsafe
sign or other sign that does not comply with the provisions of Chapter
20.67 of Newport Beach Municipal Code.
SECTION 10: If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 11: (A) In accordance with California Business and Professions Code
Section 5491.1, the Planning Department of the City of Newport Beach shall
identify and inventory all signs within the City's territorial limits that are
determined to be illegal or abandoned under the terms of former Chapter 20.67
of Title 20 of the Newport Beach Municipal Code, repealed herein.
(B) The inventory required by Section 10, Subsection (A) shall commence not
less than 120 days after the adoption of Chapter 20.67 of Title 20 of the Newport
Beach Municipal Code, adopted herein. The inventory shall be completed in a
timely manner. Upon completion of the identification and inventory, the City
Council shall consider, at a public hearing with opportunity for public comment,
whether there is a continuing need for Chapter 20.67 of Title 20 of the Newport
Beach Municipal Code. If the City Council finds at that hearing that there is a
need for the provisions of Chapter 20.67 to continue in effect, it shall confirm at
that hearing that there is a continuing need for Chapter 20.67 of Title 20 of the
Newport Beach Municipal Code.
(C) Until the City Council confirms, pursuant to Section 11, Subsection (B), that
there is a continuing need for the provisions of New Chapter 20.67 of Title 20 of
the Newport Beach Municipal Code, the provisions of New Chapter 20.67 of Title
20 of the Newport Beach Municipal Code shall not apply to a change of copy,
change of color, maintenance or repair made to a sign which conformed to
former Chapter 20.67 of Title 20 of the Newport Beach Municipal Code, repealed
herein, unless those changes, maintenance or repairs involve a change in
location or structure of the sign.
SECTION 12: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City within fifteen (15) days of its passage, and the same shall
become effective thirty (30) days after the date of its adoption.
SECTION 13: This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on September 13, 2005 and adopted
on the 27th day of September 2005 by the following vote, to wit:
AYES, COUNCIL MEMBERS selicb_. Rosansky. Webb,
Ridgeway, Daigle, Nichols, Mayor Heffernan
NOES, COUNCIL MEMBERS
ABSENT MEMBERS
MAY JR
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2005 -17 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th
day of September 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Heffernan
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of September 2005.
(Seal)
r
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2005 -17 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: October 1, 2005.
In witness whereof, I have hereunto subscribed my name this day of C, t°
2005.9
City Clerk
City of Newport Beach, California