MCA-2009-01b - Sign OrdinanceORDINANCE N0.09-2050
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING TITLE 17,
SIGN ORDINANCE, OF THE CUPERTINO MUNICIPAL CODE.
THE CUPERTINO CITY COUNCIL DOES HEREBY ORDAIN that the following
sections of the Cupertino Municipal Code shall be amended to read as follows:
TITLE 17: SIGNS'
Chapter
17.04 General Provisions
17.08 Definitions
17.12 Administrative Procedures
17.16 Exempt Signs
17.20 Prohibited Signs
17.24 .Sign Regulations
17.32 Temporary Signs-Regulations
17.44 Sign Exceptions
17.52 Compliance and Enforcement
* Prior Ordinance History: Ords. 746, 894,1208,1320 and 1414.
CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.010 Short Title.
Chapters 17.04 through 17.54 of this title, shall hereafter be known and cited as
the "sign ordinance."
(Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The purpose of the sign ordinance is to identify and enhance businesses while
maintaining the aesthetic appearance of the City.
B. A good sign program will provide information to the public concerning a
particular business or use and will serve the visual and aesthetic desires of the
community.
Ordinance No. 09-2050
C. The City has adopted this title with the intent to:
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1. Provide architectural and aesthetic harmony of signs as they relate to building
design and surrounding landscaping;
2. Provide regulations of sign dimensions and quantity which will allow for good
visibility for the public and the needs of the business while providing for the safety of
the public by minimizing distraction to the motorist and pedestrian;
3. Provide for sign regulations that will be compatible with the building, siting,
and the land uses the signs are intended to identify;
4. Provide for maintenance of existing signs and a program for bringing
nonconforming signs into conformance with the standards of this title as changes are
made to the signs or businesses;
5. Provide procedures which will facilitate the efficient processing of sign
applications; and
6. Provide design criteria which will promote attractive and effective signs for
Cupertino residents, businesses, employees and visitors.
(Ord. 1624, (part), 1993; Ord. 1987, (part), 2006)
CHAPTER 17.08: DEFINITIONS
Section
17.08.010 Definitions.
17.08.010 Definitions.
All definitions in Chapter 19.08, Definitions, of the Cupertino Municipal Code are
applicable to this chapter.
"Advertising statuary" means a structure or device of any kind or character for
outdoor advertising purposes which displays or promotes a particular product or
service, but without name identification.
"Alteration' means any permanent change to a sign.
"Animated sign' means any sign which projects action, motion or the illusion
thereof, changes intensity of illumination or changes colors, including the likes of
balloons, banners and flags, and blowing or air-powered attractions, but excluding
electronic readerboard signs and signs that display the current time or temperature.
"Architectural projection' means any permanent extension from the structure of a
building, including the likes of canopies, awnings and fascia.
"Banner" means a temporary display consisting of fabric, canvas, plastic or paper
material which is attached to a building, vehicle, pole or other form of support.
"Blade sign' means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face
of the sign in a plane perpendicular to the plane of the building wall.
Ordinance No. 09-2050 3
"Building frontage' means the length or the surface of the building wall which faces,
and is visible to the general public from, a private or public right-of-way or driveway.
"Changeable copy sign' means any sign, or portion thereof, which provides for each
manual changes to the visible message without changing structural surfaces, including
the likes of theater marquees and gasoline service station price signs, but excluding
electronic readerboard signs and signs which display the current time or temperature.
"Change of face" means any changes to the letter style, size, color, background, or
message.
"Commercial district" means an area of land designated for commercial use in the
current Cupertino General Plan.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses located therein.
"Corner triangle" means atriangular-shaped area of land adjacent to an intersection
of public rights-of-way, as further defined in Cupertino Standard Details Drawings
Nos. 7-2 and 7-4. Unobstructed views over these areas are essential to the public safety
for bicyclists, motorists and pedestrians. (See Appendix A-4, Cupertino Standard Detail
7-2; Corner Triangle--Controlled Intersections, and A-5, Cupertino Standard Detail 7-4;
Corner Triangle-- Uncontrolled Intersections for details.)
"Decorative statuary' means any structure or device of any kind or character placed
solely for aesthetic purposes and not to promote any product or service.
"Development Identification Sign' means a ground sign at the major entry to a
residential development with twenty units or more meant to identify the name and
address of the development.
"Directional sign' means any sign which primarily displays directions to a particular
area, location or site.
"Director' means the Director of Community Development for the City or any
authorized representative thereof.
"Directory sign' means any outdoor listing of occupants of a building or group of
buildings.
"Driveway" means any driveway that provides a business direct access to a public or
private street.
"Electronic readerboard sign' means an electronic sign intended for aperiodically-
changing advertising message.
"Flag' means any fabric, banner, or bunting containing distinctive colors, patterns,
or symbols, used as a symbol of a government, political subdivision, or other entity.
"Foot-lambert" means a unit measurement of the brightness of light transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California.
Ordinance No. 09-2050 4
"Freeway oriented sign' means any sign which is located within six hundred sixty
feet and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
"Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
"Gasoline service station' means any place of business which offers for sale any
motor vehicle fuel to the public.
"Ground sign' means any sign permanently affixed to the ground and not supported
by a building structure. The height of such signs shall be measured from the grade of
the adjoining closest sidewalk to the top of the sign including trim.
"Identification sign' means any sign whose sole purpose is to display the name of
the site and the names of the occupants, their products or their services.
"Illegal sign' means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the
time of the erection of the sign or advertising statuary or which was not installed with a
valid permit from the City.
"Illuminated sign' means any sign utilizing an artificial source of light to enhance its
visibility.
"Industrial district" means all ML districts and any other zoning classifications
which are consistent with the industrial designation of the Cupertino general plan.
"Informational sign' means any sign which promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and hazardous warnings.
"Institutional district" means all BQ, PR, FP, and BA districts and other zoning
classifications and uses which are considered institutional in nature and are consistent
with the institutional or quasi-public designation of the general plan.
"Landmark sign' means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
"Nonconforming sign' means any sign or advertising statuary that was legally
erected and had obtained a valid permit in conformance with the ordinance in effect at
the time of the erection of the sign but which became nonconforming due to the
adoption of the ordinance codified in this title.
"Obsolete sign' means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
"Off-site sign' means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster
panels, painted bulletins and other similar advertising displays.
Ordinance No. 09-2050 5
"Office district" means those buildings or groups of buildings for which the
permitted uses are professional offices, is within an OA zone or which are designated
for offices on the general plan.
"On-site sign' means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which
the sign is maintained.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a
series, designed to move in the wind.
"Political sign" means a temporary sign that encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
"Portable Sign or Display" means any outdoor sign or display not permanently
attached to the ground or a structure on the premises it is intended to occupy and
displayed only during business hours. Portable sign or display includes A-frames,
flower carts, statues, and other similar devices used for advertising as determined by
the Director.
"Project announcement sign' means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project
name, developers, owners and operators, completion dates, availability and occupants.
"Projecting sign' means any sign other than a wall sign that is attached to and
projects from a structure or building face or wall.
"Promotional Device' means any sign, display, fixture, placard, vehicle or structure
that uses color, form, graphic, symbol, illumination or writing to advertise a special
event or the opening of a new business.
"Real estate sign' means a temporary sign indicating that a particular premises is for
sale, lease or rent.
"Residential district" means the R1, RHS, R2, R3, R1C, A, and Al zoning
classifications which are consistent with the residential designation of the Cupertino
general plan.
"Roof sign' means a sign erected between the lowest and highest points of a roof.
"Shopping center' means a retail entity encompassing three or more tenants within a
single building or group of buildings, but within which individual business located in
defined tenant spaces are owned and managed separately from the shopping center
management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix A-6, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway)
"Sign' means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
Ordinance No. 09-2050
6
identify the purpose of a person or entity, to communicate information of any kind to
the public.
"Sign Area" for an individually lettered sign without a background, is measured by
enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See
Appendix A-2 for examples of sign area calculation)
The sign area for a sign with borders and/ or background is measured by enclosing
the exterior limits of the border or background with a single continuous perimeter. The
necessary supports, uprights, and/ or the base on which such sign is placed, shall be
excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be
computed separately.
"Site" means a piece of land as shown on a subdivision map, record of survey map
or assessor's parcel map, which constitutes one development site and which may be
composed of a single unit of land or contiguous units under common ownership,
control, or development agreement.
"Special event" means a temporary promotional event including, but not limited to,
a special sale on merchandise or services, or grand openings.
"Special Event Banner' means any temporary sign constructed of pliable materials
such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure
to wind and rain without significant deterioration, and which does not require a
building permit for its construction, or installation outside of a building.
"Street address sign' means any sign that displays only the street address number(s)
of the site and, at the option of the property owner, the street name.
"Street frontage" means the length of a site along or fronting on a public or private
street, driveway or other principal thoroughfare, but does not include such length along
an alley, watercourse, railroad right-of-way or limited access roadway or freeway.
"Temporary Sign' means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for
short periods of time as specified by the Director of Community Development.
"Trim' means the molding, battens, cappings, nailing strips, lattice and platforms
which are attached to the sign.
"V-shaped signs" means any sign consisting of two vertical faces, or essentially
vertical faces, with one common edge and which appears as the letter V when viewed
directly from above.
"Vehicle sign' means a sign painted on or attached to an operable or movable
vehicle; in the case of motor vehicles, "operable' shall be defined as having a valid
license plate.
"Wall sign' means any sign that is attached, erected or painted on a structure
attached to a building, a canopy structure, or the exterior wall of a building with the
exposed face of the sign parallel to the wall.
Ordinance No. 09-2050
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"Window sign' means any sign displayed in or painted on a window facing a public
street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in
means a sign that is clearly intended to be visible from an adjacent street.
(Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
CHAPTER 17.12: ADMINISTRATIVE PROCEDURES
Section
17.12.010 Conformity with provisions required.
17.12.020 Permit-Required.
17.12.030 Signs requiring Planning Commission review.
17.12.040 Application-Form and contents.
17.12.060 Application-Review criteria.
17.12.070 Sign modification-Authority.
17.12.080 Permit-Issuance by Building Division-Installation information.
17.12.090 Appeals and exceptions.
17.12.100 Inspection requirements.
17.12.110 Summary of application approval process.
17.12.120 Revocation of sign approval-Authority.
17.12.130 Grounds for revocation.
17.12.140 Hearings-Notice.
17.12.010 Conformity with Provisions Required.
It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless
made to comply with the provisions of this title.
(Ord. 1624, (part), 1993)
17.12.020 Permit-Required:
All signs which are not exempted by Chapter 17.16 require a sign permit to be
approved by the Director. The Director shall review and submit to the applicant a
decision within thirty calendar days from receiving an application for a sign.
(Ord. 1624, (part), 1993)
17.12.030 Signs Requiring Planning Commission Review.
Electronic readerboard signs and freeway oriented signs shall require approval from
the Planning Commission prior to the Director issuing a sign permit. In regard to these
signs only, the Planning Commission's decision is final unless appealed in accordance
with Section 17.44.080.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
Ordinance No. 09-2050 8
17.12.040 Application-Form and Contents.
An application for sign approval shall be made on a form specifying type, number of
exhibits and filing fees by the Director and shall be signed by the property owner or a
duly authorized agent. The application shall contain information regarding the size,
color and samples, illumination intensity and type, materials, number, location, type of
signs, and the location of the business on the site and any other additional information
as may be deemed necessary by the Director.
(Ord. 1624, (part), 1993)
17.12.060 Application-Review Criteria.
The Director, Design Review Committee or the Planning Commission, as the case
may be, shall review the sign application to ensure that the following criteria are met:
A. The proposed sign meets the requirements of this title or any special conditions
imposed in the development by the Planning Commission or City Council.
B. The proposed sign s color and illumination is not in conflict with the safe flow
of traffic on the City streets.
C. The sign is in conformance with the Design Criteria in Section 17.24.180 of this
Title.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.070 Sign Modification-Authority.
The Director, Design Review Committee or Planning Commission, as the case may
be, shall have authority to require modification of the sign to ensure that it meets the
criteria stated in Section 17.12.060.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.080 Permit-Issuance by Building Division-Installation information.
Upon approval by the Director, Design Review Committee or Planning Commission,
as the case may be, the applicant shall obtain a building permit. Additional information
related to the building code may be required by the Building Official concerning the
installation of the sign.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.090 Appeals and Exceptions.
Applicants who wish to appeal a decision of the Director, the Design Review
Committee or the Planning Commission, or those who wish to apply for an exception,
shall do so under the provisions of Chapters 17.44 and 17.52 of this title.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.100 Inspection Requirements.
A. A person erecting, altering or relocating a sign shall notify the Director upon
completion of the work for which permits have been issued to ensure that the sign has
been installed as specified.
Ordinance No. 09-2050 9
B. The Building Inspector or Planner shall have the authority to review the light
intensity of all illuminated signs with the power to require reduction of the light
intensity to ensure that the sign s illumination does not exceed the illumination
standards as regulated by Section 17.24.190.
(Ord. 1624, (part), 1993)
17.12.110 Summary of Application Approval Process.
Appendix A-1, Sign Application Approval Process Flow Chart, summarizes the
application approval process.
(Ord. 1624, (part), 1993)
17.12.120 Revocation of Sign Approval
A. The decision making body that originally approved the sign being considered for
revocation shall have the authority to revoke it on the basis of one or more the
following grounds:
1. Fraud or misrepresentation by the applicant with respect to any information
contained in his or her approved application or with respect to any other information
provided by the city.
2. Failure of the applicant to meet or abide by any condition imposed upon
approval.
3. Failure of the applicant to utilize the approval within one year of its issuance.
4. Abandonment of the sign for a period of thirty days.
(Ord. 1624, (part), 1993)
B. Written notification shall be provided to the applicant of a sign approval being
considered for revocation prior to holding a public hearing.
(Ord. 1624, (part), 1993)
CHAPTER 17.16: EXEMPT SIGNS
Section
17.16.010 Certain signs exempt from permit requirements.
17.16.010 Certain Signs Exempt from Permit Requirements.
The following signs do not require a permit from the City, providing they comply
with the following regulations:
A. Directory Signs. Directories located within the interior of a project which are
not oriented to a public street;
B. Garage Sale Signs. Garage sale signs subject to the limitations in Section
17.32.020 and Chapter 5.16 of this code;
C. Governmental Signs. Governmental signs for control of traffic and- other
regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of
public service companies indicating danger and aids to service or safety;
Ordinance No. 09-2050 10
D. Identification Signs. Identification signs for a business or profession which are
not illuminated, and which are less than two square feet in area, located on portions of a
building, shopping mall or office complex;
E. Information Signs. Informational or directional signs which are located entirely
on the property to which they pertain and are less than four square feet in area. No
more than 33 % of the sign area of each sign can be devoted toward business
identification of the business located on the property;
F. Temporary Political Signs. Temporary political signs subject to the limitations
in Section 17.32.020;
G. Public Notices. Public notices or posters as legally required by a government
agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs,
subject to the limitations in Section 17.32.030;
I. Non-residential Real Estate Signs. Non-residential real estate for sale/for
lease/for rent signs subject to the limitations in Section 17.32.030;
J. Street Address Numbers. Address numbers in all districts, providing they are
not meant as an advertising mechanism;
K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative
plaques of recognition and identification emblems of religious orders or historical
agencies, provided that such signs are placed on or cut into the structure are not
internally illuminated, and do not exceed nine square feet in area;
L. Window Signs. Window signs subject to the limitations in Sections 17.24.090
and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material
may be placed in a window without penalty towards window coverage limitations;
M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus
shelters;
N. Civic Event Signs. Civic and/ or City-sponsored events signs on City property;
O. State and/ or Federal Mandated Signs. State and/ or federal mandated signs,
including state lottery and certified smog station signs;
P. Pedestrian Oriented Blade Signs. Blade signs that are not internally
illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height
between eight feet and twelve feet above pedestrian walkways.
(Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993)
CHAPTER 17.20: PROHIBITED SIGNS
Section
17.20.010 Prohibited signs designated.
17.20.010 Prohibited Signs Designated.
The following signs are not permitted in the City:
Ordinance No. 09-2050 11
A. Advertising Statuary;
B. Animated Signs. Animated signs except for banners, flags, pennants and
balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic
readerboard signs as permitted in Section 17.24.090;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible
matter;
D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32;
E. Portable Signs. Portable signs except as may be permitted in Chapter 17.32;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of color, wording, design, location
or illumination resemble or conflict with any traffic-control device or with the safe and
efficient flow of traffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private
property which is visible from a public right-of-way, which has affixed to it a sign
which is intended to attract or direct customers to a business on or near the property is
prohibited. This subsection is not intended to apply to standard advertising or
identification practices where such advertising displays are painted on or permanently
attached to a business or commercial vehicle which is actively being used by the
business unless the vehicle is in violation of the parking ordinance (Chapter 19.100 of
the Cupertino Municipal Code).
(Ord. 1624, (part), 1993)
Ordinance No. 09-2050 12
CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.010 Intent and applicability of provisions.
17.24.020 Sign program
17.24.040 Signs in special planning districts.
17.24.050 Wall signs
17.24.060 Permanent window signs, Blade signs & Logos, symbols or insignias
17.24.070 Ground signs
17.24.080 Gasoline station signs
17.24.090 Electronic readerboard signs, Changeable copy signs, Neon & light-
emitting diode (LED) signs, Decorative statuary & Beverage container
recycling signs
17.24.100 .Signs in or near residential districts
17.24.120 Landmark Signs
17.24.170 Freeway orientation.
17.24.180 Design criteria.
17.24.190 Illumination restrictions.
17.24.210 Obstructions prohibited.
17.24.250 Construction and maintenance specifications.
17.24.260 Summary of regulations for signs according to districts.
17.24.010 Intent and Applicability of Provisions.
The regulations in this chapter are intended to govern the number, size, location and
design of signs within various land use districts of the City.
(Ord. 1624, (part), 1993)
17.24.020 Sign Program.
A. Applicability. 1. All developments in a commercial, office, industrial, institutional,
or residential district, with four or more tenant spaces on the same parcel, shall adopt a
comprehensive sign program to encourage creativity and ensure high quality in the
design and display of multiple permanent.
2. The adoption of a sign program shall be required at the time of the initial
construction of a new project. Existing developments in the City which do not have a
comprehensive sign program shall be required to adopt one when the first tenant in the
project requests a change of face as defined in this title. Thereafter, all subsequent
changes of face in the project shall be required to conform to the adopted program.
Ordinance No. 09-2050
13
B. Application Requirements. On any commercial, office or industrial site, or
building requiring a sign program, the owner shall submit to the Director a sign
program application containing the following:
1. An accurate plot plan of the site showing the location of buildings, parking
lots, driveways, and landscaped areas on the lot, at such scale as the Director
may reasonably require;
2. Computation of the proposed maximum total sign area, the proposed
maximum area of individual signs, allowed maximum total sign area, allowed
maximum are of individual signs, the height of signs and the number of freestanding
signs; and
3. Specifications with regard to:
a. Sign type (individual channel letters, wood signs, etc.);
b. Lighting;
c. Location of each sign on the buildings;
d. Materials;
e. Sign proportions;
Any other pertinent information as required by the Director.
C. Findings. The Director of Community Development may approve a Sign Program
if the following findings are made:
1. The Sign Program complies with the purpose of this Chapter.
2. Proposed signs are creative, and are in harmony with the structures they
identify, other signage on the site, and the surrounding development.
3. The Sign Program contains provisions to accommodate future revisions that
may be required because of changes in use or tenants.
D. Minor modifications to the requirements of this Chapter may be permitted,
provided that the proposed Sign Program meets the following criteria in addition to
17.24.020C:
1. Special circumstances, unique to the site and building locations, exist that
require a modification from the standards in this Chapter.
2. Demonstrates unique design and exhibits a high degree of imagination,
inventiveness, spirit, and thoughtfulness.
3. Provides high quality graphic character through the imaginative use of color,
graphics, proportion, quality materials, scale, and texture.
(Ord. 1624, (part), 1993)
Ordinance No. 09-2050 14
17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines, Heart of the City
Specific Plan or any area regulated by a specific plan shall be subject to the sign
regulations contained within those plans. For all sign regulations not addressed in the
Special Planning District plans, the requirements of this chapter will apply.
(Ord. 1624, (part), 1993)
17.24.050 -Wall Signs.
Table 17.24.050 sets forth the rules, regulations and processing applicable to wall signs.
17.24.060 -Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias.
Table 17.24.060 sets forth the rules, regulations and processing applicable to Permanent
Window Signs, Blade Signs & Logos, Symbols or Insignias.
17.24.070 -Ground Signs.
Table 17.24.070 sets forth the rules, regulations and processing applicable to Ground
Signs.
17.24.080 -Gasoline Station Signs.
Table 17.24.080 sets forth the rules, regulations and processing applicable to Gasoline
Station Signs.
17.24.090 -Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible
Neon Signs, Decorative Statuary and Beverage Container Recycling Signs.
Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic
Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative
Statuary and Beverage Container Recycling Signs.
17.24.100 -Signs in and near Residential Districts.
Table 17.24.100 sets forth the rules, regulations and processing applicable to Signs in
and near Residential Districts.
17.24.110 -Freeway Orientation.
Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway
Orientation of Signs.
Ordinance No. 09-2050
Table 17.24.050: Wall Signs
15
Use/ N
b Size L
i Review Review
Zoning um
er Allowed Area & Maximum on
ocat Authority Criteria
Len h Area
• One sign per business with • 1 s.f. per linear ft of • No more than one wall sign per frontage
exterior frontage store frontage on
which sign is located.
• One additional for: • 70% of store • Shall not project above the roof or top of
-Businesses with no ground frontage maximum parapet, unless it is an integral part of the
sign and adjacent to more face of an architectural projection.
than one street or shopping
center driveway.
- Sign duected to interior of • Length =total Meets
project and not visible from combined length of Design
Commercial any public right-of-way. each row of sign copy 200 s.f. CDD Criteria in
& Industrial _ Single tenant building pad • Minimum area = 20 • No projecting wall sign shall extend into
Section
with more than 5,000 s.f. s.f. a public right-of-way more than twelve 17.24.180
inches. Any projecting sign shall have a
vertical clearance of at least fifteen feet
Wall above a private or public vehicular
Signs roadway, alley, driveway or parking area,
and at least eight feet above a sidewalk,
pedestrian mall or landscaped area.
• One sign per business with • 1 s.f. per linear ft of
exterior frontage business frontage on
which sign is located.
• One additional for: • 70% of business
Office & -Businesses with no ground frontage maximum Same as
Institutional sign and adjacent to more 40 s.f. Same as above CDD above
than one street or major
shopping center driveway.
- Sign directed to interior of • Length =total
project and not visible from combined length of
an ublic ri ht-of-wa each row of co
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
Ordinance No. 09-2050
Table 17.24.060: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
16
Use/ Number Maximum Area Location Review Authority Review Criteria
Zonin
• Considered part of wall
sign area.
Perimeter neon
• 25% of window surface of
A. Permanent All One or more each storefront bay. wmdow CDD Meets Design Criteria in Section
Window Signs signage not 17.24.180
• Neon window sign = 4 s.f. allowed.
• One "OPEN" sign less than
two s.f. exem t
All except One on each Between 8 ft Shall be pedestrian oriented only
B. Blade Signs residential frontage up to a
6.5 s.f. and 12 ft above • Illuminated -CDD and shall meet Design Review
districts maximum of two. pedestrian • Not illuminated -Exempt Criteria in Section 17.24.180
walkwa s.
C. Logos, All except
Same as Section
Same as Section
Illuminated -CDD Shall meet Design Review
Symbols or residential
14.24.050. 9 s.f.
17.24.050
• Not illuminated -Exempt Criteria in Section 17.24.180 and
Insi is
Sn districts restrictions in Section 17.24.100
CDD -Community Development Duector; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
Ordinance No. 09-2050
Table 17.24.070: Ground Signs
17
~
b Size
L
ti
i
R
i
C
it
Zoning Num
er Mowed Area
Maximum Height oca
on Authonty r
er
a
ev
ew
& Len h
• Shopping Center
or multitenant
• One sign if • One s.f. per
• Corner property: Sign has to be located on commercial
minimum 100 ft four linear ft of • Eight ft.
street frontage with the site's address. development with
street frontage: street frontage a center name shall
emphasize that
name
• Two signs if 500 • Maximum • Every ground sign shall be located wholly • Shall meet Desig
ft street frontage Area =100 s.f. on the property for the use which the sign is Criteria in Section
advertising is located on. 17.24.180
• V-shaped • Street address
and signs with numbers or range
more than two of numbers for
• No portion of any ground sign shall be
faces: Area of businesses shall be located closer than one foot from the public
Ground
All non- _
all faces of si
~ clean identified
y
m numbers not
ri ht-of-wa
g Y~
Sign residential =Total Si
~
less than 5 inches CDD
areas Area.
in height.
• Double faced
• No portion of any sign over three feet in
signs: Area of height shall be located within a corner
larger face of triangle or sidewalk site triangle. (See
sign =Total Appendix A-4, A-5 & A-6)
Sign Area.
• Maxunum • Signs on interior lots < 200 ft of frontage
number of shall be located within the center 50% of the
lot frontage. Interior lots > 200 ft of frontage
tenants on sign shall locate ground signs no closer than 50 ft
=six from a side property line. (See Appendix A-7)
• No ground sign shall be located closer than
one hundred feet from any other ground sign
on the same property.
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
Ordinance No. 09-2050
Table 17.24.080: Gasoline Station Signs
18
Type of Sign Number Size, Maximum Area Location Review Review Criteria
and Allowable Area Authority
A. Wall Sign Same as Section 17.24.050 Same as Section 17.24.050 Same as Section
17.24.050 CDD • Meets Design Criteria in Section 17.24.180
B. Ground 1 ground sign regardless of Same as Section 17.24.070 Same as Section CDD • Meets Design Criteria in Section 17.24.180
Si fronta e 17.24.070
C. Fuel Price Fuel price sign to be Computes toward
• Is incorporated into the design of the
Ground Sign incorporated into the design of Allowable Ground Sign See above CDD ground sign
the ground sign Area
• Letter size of price display on fuel price
sign shall not exceed minimum
specifications contained in Section 13532 of
the California Business and Professions
Code
• Meets Design Criteria in Section 17.24.180
If service station is not
identified on ground sign, in Number of product prices Attached to the wall of
D. Fuel Price addition to any wall sign on fuel price sign not to the building facing the CDD • Same as above
Wall Sign allowed to the service station
exceed eight per face.
public street
per Section 17.24.050, a second
fuel rice si is allowed.
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee
Ordinance No. 09-2050
19
Table 17.24.090: Electronic Readerboard Signs, Changeable Copy Signs,Exposed or visible Neon Signs, Decorative Statuary & Beverage Container Recycling Signs
Size &
Use/ Zonin Number Hei ht Location Review Authori Review Criteria
One sign for centers with 20 • No closer than • Background of electronic
tenants or more & 50,000 s.f. 500 ft from any readerboard will be the same
A. Electronic of gross floor area Same as residential district color as the primary
Readerboard Commercial Section on the same street PC background. If not practical,
Signs 17.24.070 as the sign. then a color that is
• Same as Section complimentary to the back
17.24.070 ground color shall be used.
Included • Deemed necessary to the type
in total of merchandising of that
B. Changeable
Commercial
N/A
allowable
N/A
CDD business. Shall consist of
Copy Signs
wall sign permanent sign and symbols or
letters made of high quality &
area. durable materials.
C. Exposed or Shall meet Illumination
visible Neon All N/A N/A N/A DRC Restrictions in Section 17.24.190
si s
• If Decorative Statuary -DRC • In conjunction with the overall
architectural design of the
All except • If DRC determines it is Fine building, the landscaping
D. Decorative residential N/A N/A N/A Art, it may refer to another scheme and the sign program for
Statuary districts commission the business.
• If not publicly visible, then
exem t
• Dealer subject to provisions of
• Wall signs - as allowed by California Beverage Container
Section 17.24.050 Recycling and Litter Reduction
• Ground signs - as allowed Act of 1986.
by Section 17.24.070
• Sign should contain
E. Beverage Where 10 s.f. information concerning a
Container allowed maximum N/A N/A certified recycling center as
Recycling • One building mounted described in Sections 14570 &
sign 14571 of Public Resources Code.
• Certified Redemption Center
sign -subject to limitations and
review procedure of zoning
district where it is located.
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet
Ordinance No. 09-2050
Table 17.24.100: Signs in and near Residential Districts
20
~
Number Size
Location
Review Criteria
Zoning Authonty
Area Hei ht
g
• Wall Sign - • Wall Sign - ' No internally illuminated
• Wall Sign -Same as Same as Section Same as Section sign permitted within 100 ft
A. Signs near All except Section 17.24.050 17.24.050 17.24.050 from any residential • Shall meet design
Residential Districts residential • Ground Sign -Same as • Ground Sign - • Ground Sign - districts except if the sign CDD criteria specified in
Section 17.24.070 Same as Section Same as Section face is mounted so it is not Section 17.24.180
visible to any residence
17.24.070 17.24.070 within 100 ft of the si
B. Name plates,
streets or Unit Residential One or more 2 s.f. or less N/A N/A CDD
numbers
• One sign for interior • If one sign allowed, at • Shall contain only
lot
major entry. name and address
C. Development Residential 32 s.f. 5 ft CDD of development.
Identification Signs
• Two signs for corner
• If two allowed, one on • Shall meet design
development each street front. criteria specified in
Section 17.24.180
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet
Table 17.24.110: Freeway Orientation
Areas Number Si n Size Location A royal Authori Review Criteria
• Oriented to regular street • Applies to all signs within 660 ft of
system adjoining the property "landscaped freeway" measured from edge of
• 1 per business/ rather than exclusively visible right-of-way
Commercial, tenant in a building See Section Building from the freeway -CDD
A. Wall Signs Industrial & occupied by two or 17.24.050 mounted • Freeway Orientation - PC • Signs not exempted or excluded by Section
Office more tenants.
5272 of the State of California Business and
• Maximum two.
Professions Code shall be regulated by the
"Advertisers" cha ter of that code.
Commercial,
Subject to Section Subject to
Building
Limited time period subject to
C. On-site Industrial & 17.32.030 Section mounted Section 17.32.030 -CDD Subject to Section 17.32.030
tem ora si s Office 17.32.030
Commercial,
B. Freestanding Industrial & Not Allowed
Si s Office
CDD =Community Development Director; PC =Planning Commission
Ordinance No. 09-2050 21
17.24.120 Landmark Signs.
Existing ground signs that have been designated by the City as Landmark Signs (see
Appendix A-8: Landmark Signs) are exempt from the Nonconforming Sign regulations
in Section 17.52.020.
A. Such signs may be structurally reinforced or rebuilt, after damage or destruction,
to its original design and specifications.
B. Minor modifications to such signs may be allowed such that they do not distract
from or alter the unique architectural style of the sign, with a Director's Minor
Modification.
17.24.180 Design Criteria.
Although the aesthetic appearance of signs is subjective, the City recognizes that
certain basic design guidelines are needed in order to maintain the City's high quality
appearance. The following criteria shall be incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or set onto a base, presenting a
solid, attractive, well proportioned and balanced appearance. The size and shape of the
frame or base shall be proportionate to the size and weight of the sign. Low signs are
generally more appropriate on a base, whereas taller signs are generally more
appropriate in a frame. (See Appendix A-3, Examples of Well Proportioned Signs,
Examples of Signs Not Well Proportioned, on file in the City Clerk and the Planning
Department, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the
size of the sign. Appropriate landscaping should be placed at the base of the sign.
C. All signs shall be architecturally compatible and in harmony with the building
with which it is principally associated, by incorporating its colors, materials, shape and
design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D. Background panels for multi-tenant ground signs should be harmonious in
muted colors.
E. Sign copy shall be simple and concise, without excessive description of services
or products.
F. Internally illuminated signs shall not have a directly visible light source.
G. The sign's color and illumination shall not produce distraction to motorists or
nearby residents.
(Ord. 1624, (part), 1993)
17.24.190 Illumination Restrictions.
A. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All
other districts shall not exceed approximately one hundred foot-lamberts. The foot-
Ordinance No. 09-2050 22
lambert readings shall be used as a guide by staff to evaluate signs which are deemed to
be a problem to passing motorists or residents in the surrounding neighborhood.
B. The color and thickness of the sign panels as well as the brightness of the bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glare.
C. Illuminated signs which are not a necessary part of the security lighting system
for a business shall be turned off at 11:00 p.m. or within two hours after the business is
closed, whichever is the later time.
D. All exterior lighting shall be placed in a manner so that the light source will not
be seen from off the site.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.24.210 Obstructions Prohibited.
No sign or other advertising structure shall be erected, relocated or maintained so as
to prevent free ingress to or egress from any door, window, fire escape, driveway,
sidewalk or bike path.
(Ord. 1624, (part), 1993)
17.24.250 Construction and Maintenance Specifications.
A. All signs shall conform to the building and wind load requirements of the
Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the
Cupertino Municipal Code.
B. All signs with internal illumination shall be constructed of noncombustible
materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or
other similar institution of recognized standing, and be maintained in satisfactory
condition or be immediately repaired or replaced.
C. All electrical, gas or other utility service and other pertinent fixtures shall be
placed underground.
D. Guy wires or cable supports used to brace the sign shall not be visible to the
observer.
E. No sign shall be suspended by chains or other devices that will allow the sign to
swing due to wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbroken, and structurally sound manner,
including the replacement or repair of any defective parts, painting, cleaning and any
other work necessary to maintain the sign and any landscape planter associated with
the sign.
(Ord. 1624, (part), 1993)
Ordinance No. 09-2050
CHAPTER 17.32:
REGULATIONS
Section
TEMPORARY SIGNS--
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project announcement signs.
17.32.060 Residential real estate signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional signs.
17.32.090 Special event banners, promotional devices and portable signs and
displays.
17.32.100 Window signs.
17.32.010 Temporary Signs-Location.
A. No person shall paint, mark, or write on, post, attach or otherwise affix, any
temporary sign to or upon any:
• public property, sidewalk, crosswalk, curb, curbstone, fence, wall,
• public playground equipment and/ or facilities,
• street lamp post, hydrant, tree, shrub, tree stake or guard,
• railroad bridge or crossing,
23
• pole for electric light or power or telephone or telegraph (or other
communication service) or upon any fixture of the fire alarm or police telegraph
system or upon a lighting system,
• public bridge,
• drinking fountain,
• street sign, traffic sign,
• traffic control pole or cabinet,
• utility transformer vaults, or
• Any other building, structure or device permanently affixed on public property.
B. No temporary sign shall be placed, posted or otherwise affixed in the public
right-of-way, except as provided in this section. The public right-of-way generally
includes the median, street, gutter, curb, sidewalk and landscaped strip on public
Ordinance No. 09-2050
property. Temporary signs may only be located in the public right-of-way of a
residential or institutional district, as defined in this Title.
24
C. Unless otherwise provided for in this chapter, all temporary signs, whether or
not located in the public right-of-way shall meet the following:
Use/ Size
Ti
Zoning
Maximum
Maximum me
Period
Location
Review Criteria
Area Hei ht
• Shall not be located on the • Two sides
street or on street medians. maximum
• Shall not be located on
private property without oral
or written consent of the
owner or person entitled to
possession of said property.
Except • Shall maintain 36 inches of • Shall not be
Political clear and continuous width illuminated.
4 s.f. per
Signs, all
along a sidewalk or pathway
All side 3 ft. signs must plus any other area needed
be for handicapped accessibility.
removed • All parts of the sign shall be • Shall not restrict in
at sunset. set back minimum 18 inches any way the safe
from the face of the curb or vision of any
from the edge of the street, vehicular or
bicycle or vehicle travel lane, pedestrian traffic or
whichever is the greatest obstruct any
distance from the edge of the directional or safety
street, bicycle or vehicle signs permitted by
travel lane. the Ci
D. Persons who place temporary signs in public rights-of-way are encouraged to
notify and seek concurrence of adjacent property owner(s) and resident(s) before
placing temporary signs.
E. The provisions of Section 17.32.010B, C and D shall not be applicable to the
following:
1. The maintenance of signs affixed or painted upon public or private motor
vehicles;
2. The maintenance of signs affixed to Santa Clara County Transit District bus
shelters;
3. The maintenance of banners affixed to the top of the city-owned stanchions
located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue;
4. The maintenance of banners affixed to the top of the city-owned light poles
located over Stevens Creek and De Anza Boulevards; and
5. The maintenance of hazard markers or emergency signs.
(Ord.1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624,
(part), 1993)
Ordinance No. 09-2050
Table 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs
26
Use/ Zoning Number Maximum `Maximum Time Period Information Review Criteria
Contained
Area Height
• Two weeks for • In conjunction with a grand opening or
Number No more each special event special promotional activity.
Commercial subject to
approval by N/A than 20 ft
above .Shall be removed N/A • Meets Requirements with regard to
CDD
ground within 5 days after Special Event Banners, Promotional
A. Flags s ecial event Devices, Portable Si sand Dis la s
Two flag poles 4 s.f.
Residential for each model No more Same as
One year
N/ A
N/ A
home of a new than 2 above
develo went sides
• Must be a bonafide garage sale activity as
B. Garage Residential One on-site g s.f. 6 ft Length of sale N/A defined in Chapter 5.16 of Municipal Code
Sales Three off-site • Off-site signage subject to Section
17.32.010
• No permit required.
• Unti15 days after • Subject to requirements of Section
election.
17.32.010
C. 4 s.f. • If the Director of Public Works finds that
Temporary
All
No limit No more
N/A • If not removed
N/A
a sign otherwise permitted, is an immediate
Political than 2 within time limit, peril or menace to pedestrian or vehicle
Signs sides City may remove
signs subject to traffic, he or she may cause it to be removed
Chapter 17.52. summarily pursuant to Section 17.52.040C
• Shall meet requirements of Section
• One year or until 17.32.010 and permit issued by CDD.
all units are sold, Direct .Application shall include a list of all other
D. whichever is customers such signs including sign area and street
Subdivision Non- 'T'hree 32 s.f. per 6 ft sooner. along the most location.
Signs residential face. • Extensions may direct route .Subdivisions not in Cupertino shall not be
be granted. through the permitted such signs.
city.
• Two sign faces maximum.
• "V" sha ed si rohibited.
CDD =Community Development Director; S.f. =square feet; ft =feet
Ordinance No. 09-2050
Table 17.32.030: Residential Real Estate, Non-residential Real Estate and Project Announcement Signs
27
Size
Number
Maximum
Maximum Time Period Information Contained Review Criteria
Area Height
• One freestanding
sign per street 4 s.f. 6 ft Length of sale N/A • Subject to requirements of
frontage. Two signs Section 17.32.010.
maximum.
• One building
A. Residential mounted banner - in 4 s.f. N/A See above N/A N/A
Real Estate lieu of one
freestandin si
• One offsite for 4 s.f. N/A Remove at sunset N/A • Subject to requirements of
sale/rent si Section 17.32.010 & on-site si a e
• Six offsite open N/ A N/ A Remove at sunset • Subject to requirements of
house si N/A Section 17.32.010
• Length of sale or .Name of real estate • No more than two faces
"V"
• One freestanding
32 s.f. per time to lease/rent.
agent or owner, address, .
signs prohibited. May not
sign per street face. 6 ft • May be installed up phone number and other reasonably obstruct visibility of
frontage. to thirty days prior to
pertinent information.
any permanent ground sign.
an tenant vacan
B. Non- • One building
Same as • Allowed only if no freestanding
residential mounted banner per 32 s.f. per freestanding Same as freestanding Same as freestanding sign sign placed along that street
Real Estate elevation facing an face sign frontage. Location shall meet
adjacent public street. sign requirements of Section 17.24.050
• One offsite sign per • On private property with
street frontage. •
32 s.f. per Same as
Same as freestanding approval and consent of property
Maximum of two
face freestanding
si
n Same as freestanding sign owner on whose property sign is
signs per off-site . sign g to be located. Shall meet
arcel. re uirements of Section 17.32.010
• One year or until Names of project and .New projects under
all units are sold, owner, address, telephone
construction, including
C.
• Two freestanding
Combined
whichever is sooner. number contact
subdivisions of 5 or more units.
Project
signs or banners
area: 64
6 ft information, leasing/sale
Announcement maximum f
s information, dates of
Sign .
. • Extensions may be anticipated completion
granted. and a list of contractors
involved. • Permit issued b CDD
CDD =Community Development Director; S.f. =square feet; ft =feet
Ordinance No. 09-2050
17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and Displays.
A. General Authorization. Special event banners, promotional devices, and
portable signs and displays are permitted in all commercial, industrial, office and
institutional zoning districts subject to the issuance of a permit by the Director which
conforms to the provisions of this section.
B. Public objectives.
1. Enhance pedestrian experience, activity and convenience.
2. Maintain the economic stability of the City by enhancing vitality of business.
3. Provide attractive, effective and visible identification reflecting the individual
character of the business.
C. Special event banners. The Director may issue a permit for a Special Event
Banner for each business within the above-described zoning districts under the
following provisions:
28
1. The banner shall only be displayed for a maximum of 120 days within a 360-day
period.
2. The banner shall be building mounted and have only one face not exceeding one
hundred square feet in area.
3. The banner shall be placed on a building in accordance with the limitations
specified in Section 17.24.050 of this title related to building clearance and roofline
levels.
4. Unless otherwise determined by the Director, the display of the banner shall be
subject to the tenant schedule for shopping centers as provided in Subsection
17.32.090E.
D. Promotional devices. In addition to special event banners described in division
C. above, the Director may issue a permit for a promotional device for each business
within the above-described zoning districts under the following provisions:
1. For advertising a special event for an existing business, promotional devices
may be displayed for a maximum three-day period, four times within a calendar year.
2. For conducting a grand opening of a new business, promotional devices (other
than search lights, hot air balloons or other extremely large devices as determined by
the Director) may be displayed during the first year of a new business's operations for
the sole purpose of announcing the grand opening of that business.
3. The device shall not displace parking or be located in a landscaped front set
back area.
4. The device shall be compatible with adjoining uses, particularly residential uses.
5. Tethered balloons used for promotional purposes may not exceed twenty-five
feet above the building where the special event or grand opening is occurring.
Ordinance No. 09-2050
29
6. Unless otherwise determined by the Director, the display of the device shall be
subject to the tenant schedule for shopping centers as provided in Subsection
17.32.090E.
7. Subject to the approval of the Director and the Public Works bepartment, a
promotional device may be located within the public right of way based upon the
degree of impact the device will have on traffic circulation as well as upon the
environment of the surrounding uses.
8. Subject to the approval of the Director and the Public Works Department,
traffic/ parking directional signs may be used in conjunction with a promotional device
during the period of the special event or grand opening. The number and placement of
traffic/parking directional signs may be restricted by the Director or the Public Works
Department in order to insure adequate sight distances and traffic safety clearance are
maintained as required in Section 17.32.010.
E. Tenant schedule:
Shopping centers with approved electronic readerboard signs shall only be allowed
building mounted banners. Freestanding temporary or special event signs for
individual tenants are not allowed. Special event signs for center-wide special events
are allowed in accordance with the following schedule:
Number of Tenants Number of Signs
Permitted
20 to 27 tenants --2 center displays
28 tenants or more --4 center displays
F. Portable signs and displays. In addition to special event banners and
promotional devices described in divisions C. and D. above, the Director may issue a
permit for a portable sign or display for each business location within the above
described zoning districts under the following provisions:
1. Portable signs and displays may not be located in areas, either on public or
private property, which are used by the public for vehicular or pedestrian traffic or in
other areas, which in the opinion of the Director, are a threat to the public health, safety
or welfare.
2. Portable signs and displays shall not be permanently attached to the ground or a
structure on the premises it is intended to occupy and shall only be displayed during
business hours.
3. Design review criteria. Portable signs and displays shall be appropriately
designed, installed and maintained with special emphasis on the creative design,
character and quality of color and material (vibrant and weather resistant). They shall
be complementary to the building architecture and the operation of the business area
Ordinance No. 09-2050
and shall enhance the overall appearance and texture of the pedestrian shopping
experience.
4. Specific standards.
30
Maximum Size 8 s.f
Minimum Hei ht 3 ft
Maximum Hei ht 4 ft
Maximum width 2 ft
Min. setback from street curb 2 ft
Dis la Hours Business hours onl
Min. edestrian walkwa 5 ft
Distance from:
Bus sto zones and/or bus sto furniture 15 ft
Disable arkin zone 4 ft
Must not be: 1. Set in ound
2. Attached to trees, lamp posts, utility poles, street or
traffic si , benches, h drants, or mailboxes
3. Illuminated
4. Located in an r uired landsca a setback area
S.f. =square feet; ft =feet
5. Modification of specific standards. The Director may modify the specific
standards described in division 4. above upon making a finding that special
circumstances unique to the site require the application of a modified standard.
G. Retail tenants larger than 20,000 square feet may be allowed to have one
additional sign for each entrance to the building, up to a maximum of three signs with a
permit from the Director. One such sign may be up to six feet tall and twenty four
square feet in area if the sign face is not oriented to a public right-of-way.
H. Permit procedures. The issuance, modification, revocation, and appeal of any
permit under this section are governed by Chapter 17.12 of this title. Notwithstanding
the above, any appeal of any permit under this section shall be made to the Design
Review Committee.
I. Removal of signs. All banners, devices, signs and displays issued under this
section must be removed not later than five days after the conclusion of the special
event or grand opening to which they pertain.
J. The city, pursuant to Chapter 17.52 of this code, may cause the banners, devices,
signs and displays remaining after expiration or revocation of the above-described five
day period to be removed.
(Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord.1926, ~ 1 (part), 2004; Ord. 1796,
(part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993)
17.32.100 Window Signs.
A. Window signs shall be permitted in all commercial zones.
B. The total area of any window obscured by any combination of permanent and
Ordinance No. 09-2050 31
temporary window signs shall not exceed twenty-five percent of the window surface of
each storefront bay.
C. 1. Signs within a window shall be considered temporary if they remain on the
window for less than thirty days, and shall not be subject to review.
2. Window signs intended to remain on display for more than thirty days shall be
considered permanent window signs as regulated by Section 17.24.090.
(Ord. 1987, (part), 2006; Ord.1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624,
(part), 1993)
CHAPTER 17.44: SIGN EXCEPTIONS'
Section
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee review required.
17.44.040 Findings for an exception.
17.44.050 Action by Design Review Committee.
17.44.060 Conditions for revocation of exception-Notice required.
17.44.070 Exception deemed null and void when-Notification required.
17.44.080 Appeals.
17.44.090 Reports to Planning Commission.
* Prior ordinance history: Ords.1624 and 1655.
17.44.010 Authority.
The Design Review Committee may grant a sign exception in accordance with the
provisions of this chapter.
(Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing on a form prescribed by the Director. The
application shall be accompanied by a nonrefundable fee, a letter explaining the
justification for the exception, and appropriate exhibits as deemed necessary by the
Community Development Director.
(Ord. 1789, § 1 (part), 1998)
17.44.030 Design Review Committee Review Required.
A. An exception shall be scheduled for review by the Design Review Committee,
not later than thirty days after filing of application, unless the application is deemed
incomplete.
Ordinance No. 09-2050 32
B. Mailed written notice of the hearing on the sign exception shall be given by the
Director of Community Development to all owners of record of real property (as shown
in the last assessment roll) which abut the subject property, as well as property and its
abutting properties to the left and right, directly opposite the subject property and
located across a street, way, highway or alley. Mailed notice shall include owners of
property whose only contiguity to the subject site is a single point. Said notice shall be
mailed by first class mail at least ten days prior to the Design Review Committee
meeting in which the application will be considered. The notice shall state the date,
time and place of the hearing. A description of the sign exception shall be included in
the notice. If the Director of Community Development believes the project may have
negative effects beyond the range of the mailed notice, particularly negative effects on
nearby residential areas, the Director, in his/her discretion may expand noticing
beyond the stated requirements.
C. Compliance with the notice provisions set forth in this section shall constitute a
good-faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to
take action with respect to an application under this chapter.
(Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
17.44.040 Findings for an Exception.
The Design Review Committee may grant an exception based upon all the following
findings:
A. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare; and
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
(Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in
accordance with Section 17.44.080.
(Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
17.44.060 Conditions for Revocation of Exception-Notice Required.
In any case where the conditions or limitations to an exception granted have not been
complied with, the Planning Commission may revoke the exception after notice and
hearing in the same manner as defined in Section 17.44.030.
(Ord.1789, ~ 1 (part), 1998)
Ordinance No. 09-2050 33
17.44.070 Exception Deemed Null and Void When-Notification Required.
In any case where an exception has not been used within one year from the date of
issuance, or if abandoned for a period of thirty days, the exception will automatically
become null and void upon written notice from the Director to the property owner
and/ or tenant.
(Ord. 1789, § 1 (part), 1998)
17.44.080 Appeals.
Any person aggrieved by a decision of the Design Review Committee may appeal such
a decision in writing to the Planning Commission.in accordance with the procedures set
forth in Chapter 19.136, except that the Planning decision shall be final.
(Ord. 1987, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
17.44.090 Reports to Planning Commission.
The Director, or designated representative, shall make written reports on all
exceptions granted, denied, or revoked under this chapter. The reports shall be
delivered to the Planning Commission within five calendar days from the date of the
decision.
(Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998)
CHAPTER 17.52: COMPLIANCE AND
ENFORCEMENT
Section
17.52.010 Interpretation and enforcement of provisions.
17.52.020 Nonconforming signs.
17.52.030 Abandoned or discontinued signs.
17.52.040 Illegal signs-Notice required-Summary removal authorized when.
17.52.045 Authority to remove illegal signs in public right-of-way.
17.52.050 Storage of removed signs.
17.52.060 Owner responsible for removal, alteration or relocation costs.
17.52.070 Illegal signs-Deemed public nuisance-Court action authorized.
17.52.080 Violation deemed infraction-Penalty.
17.52.090 Appeals from decisions of the Director.
17.52.010 Interpretation and Enforcement of Provisions.
The Director or his/her designee is empowered to interpret and enforce the
provisions and requirements of this title and to remove or cause to be removed any sign
or other advertising structure which has been constructed, erected, altered, relocated or
maintained in violation of this title. Such powers include but are not restricted to
provisions and procedures set forth in the following sections of this chapter. Decisions
Ordinance No. 09-2050 34
by the Director or his/her designee in relation to this title may be appealed to the
Planning Commission as set forth in Section 17.52.090.
(Ord. 1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. Any nonconforming sign, except Landmark Signs identified in Section
17.24.110, unless made to conform to the provisions of this title, may not be structurally
altered, expanded, moved, modified in any way, or be reestablished after
1. Discontinuance for 180 days or more; or
2. Damage or destruction by intentional acts of the owner and/ or tenant of the
property of more than fifty percent of the sign.
B. Any nonconforming sign which was legally erected in accordance with the
provisions of the ordinance in effect at the time of erection, or which has a valid permit
from the City, shall be permitted to remain until such time as
1. There is a change in the use of the property that the sign is located on; or
2. There are alterations or enlargements to the site or building on the property in
excess of twenty-five percent or more of the existing site or building. The
amount of alterations shall be cumulative over time.
3. At such time as any of the events mentioned in subsections A and B occur, the
sign must be brought into conformance with this title. Any business with a
nonconforming sign, other than a Landmark Sign as identified in Section
17.24.110, shall not be entitled to an additional sign unless the nonconforming
sign is made to comply with the provisions of this title.
(Ord. 1624, (part), 1993)
17.52.030 Abandoned or Discontinued Signs.
Any sign which pertains to a business or occupation which is no longer using the
particular sign or property, or which relates to a time which no longer applies, is
prohibited and shall be removed. The structure and copy shall be blanked out or
removed within thirty days after the associated business, occupation or event has
vacated the premises. An abandoned sign is prohibited and the removal shall be the
responsibility of the owner of the sign or the owner of the premises.
(Ord. 1624, (part), 1993)
17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When.
A. If the Director or his/her designee finds that any sign or other advertising
structure has been constructed, erected, altered, relocated or maintained in violation of
any of the provisions of this title or any other pertinent ordinance of the City, the
Director or his/ her designee shall inform the owner and the tenant of the property on
which the sign or structure is located, in writing, that the sign or structure must be
removed within ten days of receipt of the notice, or an application must be made to the
Director for sign approval. Failure to take the required action shall result in a criminal
Ordinance No. 09-2050 35
or civil sanction as provided by state law or any legal sanction or remedy set forth in
this Code.
B. If the Director or his/her designee finds that any temporary sign or advertising
device is in violation of this title or any other pertinent ordinance of the City, the
Director or his/ her designee shall notify the owner of, or tenant using, the sign, in
person or writing, that the sign shall be immediately removed.
C. If the Director or his/her designee finds that any sign or other advertising
structure, whether conforming with the ordinance or not, is an immediate peril or
menace to the public, or to any person, the Director or his/ her designee shall cause it to
be summarily removed. Upon removal, the Director or his/her designee shall give
written notice to the owner.
(Ord. 1624, (part), 1993)
17.52.045 Authority to remove illegal signs in public right-of-way.
A. Any illegal signs in the public right-of-way may be removed immediately by
the city.
B. No notice shall be required prior to removal of illegal signs, including, without
limitation, temporary signs, in the public right-of-way.
C. Any sign removed by the city, except any sign of de minimus value, shall be
held in storage and the owner or other person in control of such sign, if known, shall be
given written notice and twenty days to reclaim such sign.
D. Any illegal sign in the public right-of-way of de minimus value shall be deemed
to be abandoned and may be destroyed by the city after removal. No opportunity to
reclaim such sign shall be given by the city.
E. For purposes of this section, any sign made of cardboard or other nondurable
material shall be deemed to be of de minimus value.
17.52.050 Storage of Removed Signs.
Any sign removed by the Director or his/her designee, other than those referred to
in Section 17.52.045, shall be stored in the City corporation yard and may be claimed
within twenty days after the sign was removed, provided that any cost incurred by the
City has been paid, and that a renewal of the building permit for the sign has been
secured. If signs are not claimed within twenty days after removal by the City, the City
shall dispose of the signs.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs.
Any cost incurred by the City in the removal, alteration or relocation of any sign
pursuant to the provisions of this title or any other pertinent ordinance of the City, shall
be paid by the owner or person having beneficial enjoyment of the property upon
which such sign is located.
(Ord. 1624, (part), 1993)
Ordinance No. 09-2050 36
17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Authorized.
In the event any person should erect, alter, relocate or maintain a sign in violation of
the provisions of this title, the sign shall be considered a public nuisance and the City
Attorney is authorized to bring and prosecute an action in a court of competent
jurisdiction to enjoin such person from continuing such violation. The procedures for
nuisance abatement are contained in Chapter 1.09 of this Municipal Code.
(Ord. 1624, (part), 1993)
17.52.080 Violation Deemed Infraction-Penalty.
Any person, firm or corporation violating any provisions of this title shall be deemed
guilty of an infraction, and upon conviction thereof, shall be punished in the same
manner as other infractions provided under Chapter 1.12 of this Municipal Code.
(Ord. 1624, (part), 1993)
17.52.090 Appeals from Decisions of the Director.
A. The applicant, aggrieved by a decision of the Director or his/ her designee to
order the removal of a sign, may appeal such order or decision to the Planning
Commission in accordance with the procedures set forth in Chapter 19.136, except that
the Planning Commission decision shall be final.
(Ord. 1624, (part), 1993)