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HomeMy WebLinkAboutOrdinance #1504 ORDINANCE NO . 1504 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTERS 85, 86 AND PORTIONS OF CHAPTERS 91, 92, 94, 95, 96 AND 97 ; AMENDING SECTIONS 9519 , 9621. 2 AND 9812 . 2 OF SAID CODE; AND ADDING THERETO NEW ARTICLE 976 ENTITLED, "SIGN CODE, " RELATING TO THE ERECTION, MAIN- TENANCE AND DISPLAY OF SIGNS WITHIN SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Chapters 85 , 86 and the following sections of Chapters 91, 92, 94, 95, 96 and 97 of the Huntington Beach Ordi- nance Code are hereby repealed: 9101 . 2, 9132 . 1, 9161 . 2, 9201. 2, 9231 . 6, 9254 , 9254 . 1, 9254 . 3 , 9254. 4, 9415, 9415 . 1, 9415 .2, 9415 . 3, 9415 . 4, 9436, 9458, 9473 . 1, 9474 , 9519 (c ) , 9601 . 3, 9611(f) and 9710 . 1. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9519 , 9621. 2 and 9812 . 2 to read as follows : 9519 . GENERAL REQUIREMENTS (a) Fencing. No fencing will be permitted along front prop- erty . Fencing along the side yard within the front setback is optional . Otherwise the sites shall be completely fenced with a six (6) foot chain link type fence, or equal, to the front build- ing line . (b ) Lighting. 1 . On sites where nighttime operations are anticipated, adequate lighting shall be provided for all auto- mobile parking areas , trucking and loading areas, and all pedestrian and vehicle access points . 2. No yard or sign illumination shall be allowed to shine directly upon, or to cast a glare upon any public street or any adjacent property. 1 . (c) Buildings . 1 . All structures erected within the Ml-A zone shall, with the exception of trim and minor architectural features, be constructed of ceramics , masonry , concrete, stucco or other materials of a similar nature, or metal panels approved by the Planning Commission. 2 . All buildings erected shall conform to the appli- cable building codes and ordinances . (d) Standards of Performance . 1. Sound shall be muffled so as not to become objec- tionable due to intermittence , beat frequency or shrillness . The measurement of sound shall be measured to decibles with a sound level meter and associated octave band filter, manufactured accord- ing to standards prescribed by the American Stand- ards Association. Maximum permissible sound pressure levels shall comply with the following standards : MAXIMUM SOUND PRESSURE LEVEL IN DECIBLES 0 . 002 Dynes per Square Centimeter Octave Bank in Adjacent Residential Lot Line of Use Cycles/Second District Boundaries in the Ml-A Zone 0-75 72 79 75-150 59 74 150-300 52 66 300-600 46 59 600-1200 42 53 1200-2400 39 47 2400-4800 34 41 Above 4800 32 31 2 . Smoke shall not be emitted from any source in a greater density of grey than that described as No . 1 on the Ringlemann Chart , except that visible grey smoke of a shade not darker than that described as No. 2 on the Ringlemann Chart may be emitted for not more than four (4 ) minutes in any thirty (30) minutes . These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity . 3 . Dust, dirt , fly ash or airborne solids, from any 2 . source, shall not be in a density greater than that described as No . 1 on the Ringlemann Chart . 4 . Odors from gases or other odorous matters shall not be in such quantities as to be offensive be- yond the lot line of the use . 5 . Toxic gases or matter shall not be emitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use . 6 . Vibration from any machine, operation or process which can cause a displacement of . 003 of one (1) inch, as measured at the lot lines of the use, shall be prohibited. Shock absorbers or similar mountings shall be allowed which will reduce vi- bration below . 003 of one (1) inch, as measured at the lot lines . 7 . Glare and heat from any source shall not be pro- duced beyond the lot lines of the use . 8 . Radioactivity and Electrical Disturbances . Except with the prior approval of the commission as to specific additional uses, the use of radioactive ma- terial within the Ml-A Zone shall be limited to measuring, gauging and calibration devices; as tracer elements; in X ray and like apparatus ; and in con- nection with the processing and preservation of foods . In no event shall radioactivity, when measured at each lot line, be in excess of 2 . 7 x 10 to 11 microcuries per milliliter of air at any moment of time . Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency . Sub- ject to such exception and the operation of domestic household equipment , all electrical and electronic devices and equipment shall be suitably wired, shielded and controlled so that in operation they shall not , beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment . 1121 . 2 , USES PERMITTED. The following uses only are per- mitted in the Sp-1 Special Zone (Cemetery) : 3 . (a) Burial of bodies , ashes , or remains of dead human beings below the ground, including placement or erection of markers , head- stones or monuments over such places of burial. (b ) Entrance features, including gates, fountains, statuary and the like, provided the main portion of the entrance features are located at least ten (10) feet from any public street . (c ) Business or administration offices, flower shops , mor- tuaries and chapels upon the following conditions : 1. Any such building or structure shall be at least ten (10) feet from any public street and five (5 ) feet from any property in any "R" zone . 2 . No such building or structure shall exceed two (2) stories in height . 3 . All required area between such buildings or struc- tures and a public street and property in any "R" zone, except for walkways , parking areas or drive- ways , shall be landscaped and permanently maintained. (d) The necessary maintenance facilities including lath houses, greenhouses, warehouses , repair shops and the like upon the following conditions : 1 . Any such building or structure shall be at least twenty (20 ) feet from any public street and five (5 ) feet from any property in any "R" zone . 2 . No such building or structure shall exceed one (1) story in height . 3 . All required areas between such buildings or struc- tures and a public street and property in any "R" zone, except for walkways , parking spaces or drive- ways , shall be landscaped and permanently maintained. (e) Crematory, upon the following conditions : 1. Such building or structure shall be at least fifty (50) feet from any public street and any property in any "R" zone . 2 . Such building or structure shall not exceed one (1) story in height . (f) Mausoleums , columbariums or other like buildings or structures for interment of human remains , upon the following con- ditions : 4 . 1 . Any such building or structure less than twenty ( 20) feet in height shall be at least three (3) feet from any public street and five (5 ) feet from any property in any "R" zone. 2 . Any such building or structure from twenty (20) feet to forty (40) feet in height shall be at least fifty (50) feet from any public street and fifty (50) feet from any property in any "R" zone . 3 . No such building or structure shall exceed forty (40 ) feet in height . 4. All areas between such buildings or structures and a public street and property in any "R" zone, except for walkways , parking spaces and driveways, shall be landscaped and permanently maintained. Provided, however, if such areas are used for off-street park- ing of automobiles there shall be a strip of land not less than five (5 ) feet in width surrounding such off-street parking areas , except for walkways and driveways, which shall be landscaped and permanently maintained. (g) All property within a cemetery shall be enclosed with a fence or wall provided: 1 . No solid portion of any wall or fence adjacent to property in any "R" zone shall exceed six (6 ) feet in height . 2 . No open mesh type wire fence or ironwork shall ex- ceed ten (10) feet in height except as may be part of an entrance feature and within fifty (50) feet of such entrance . 3: Any space greater than one (1) foot between a public street and a solid wall or fence shall be landscaped and permanently maintained. 9812 . 2 . The Board may decline to act on any application. If the Board declines to act on an application, it shall refer said application to the Planning Commission for hearing. SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding Section 9811 . 7, and Article 976 , being Sections 9760 through 9766 . 4, entitled "Sign Code" to read as follows : 5 ARTICLE 976 SIGN CODE 976o . TITLE, SCOPE AND ENFORCEMENT 9760 . 1. TITLE. This article shall be known as "The City of Huntington Beach Sign Code" and may be cited as such. 9760 . 1. 1. PURPOSE AND INTENT. The purpose of this article is to provide minimum standards to safeguard life, health, prop- erty and public welfare by regulating and controlling the size, type , number, design, quality of materials, construction, loca- tion, electrification, and maintenance of all signs , sign struc- tures and advertising devices in the City of Huntington Beach . It is further intended to limit the type of permitted signs and advertising devices to those which only carry advertisements incidental to a lawful use of the premises upon which it is located. The provisions of this article are not intended to permit any violation of the provisions of any other lawful ordinance . 9760 . 1. 2 . AUTHORITY. The Director of Building and Safety or his duly authorized representative is hereby authorized and directed to enforce all the provisions of this article . 9760 . 1. 3 . INCONSISTENT REGULATIONS . Nothing in this article is intended to permit any violations of any other pro- vision of any city, county, state or federal laws and regulations . Where provisions of this article conflict with or are inconsis- tent with each other or any federal, state, or county law or regulation, the most restrictive shall govern. 9760 . 1. 4. ACTS PROHIBITED . It shall be unlawful for any person or persons to hang, suspend, display, erect , construct , enlarge, alter, repair, move , improve, remove , convert , de- molish, equip, use or maintain any sign, sign structure or ad- vertising device in this city, or cause or permit same to be done in violation of any of the provisions of this article . 9760 . 2 . DEFINITIONS 976o . 2 . 1. ADVERTISING COPY shall mean any words , letters , numbers , figures, designs, fixtures , or other symbolic represen- tations incorporated into a sign with the purpose of attracting attention to the subject matter. 9760 . 2 . 2 . ADVERTISING DEVICE shall mean any sign struc- 6 . ture , statuary , billboard or attention-getting device maintained for advertising or identification purposes except , merchandise displayed in a window to be viewed from outside a building. 9760 . 2 . 3 . ANIMATED SIGN shall mean any sign with action or motion, flashing, color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags , banners or specialty items . 9760 . 2 . 4 . APPROVED PLASTIC shall mean those materials specified in the Uniform Building Code Standard No . 52-1-67 which have a flame-spread rating of 225 or less , and a smoke density not greater than that obtained from the burning of un- treated wood under similar conditions when tested in accordance with Uniform Building Code Standard No . 42-1-67 in the way in- tended for use . The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions . 976o . 2 . 5 . ATTACHED SIGNS shall mean any sign which is permanently affixed to a building such as a wall, roof, canopy, marquee or projecting sign. 976o . 2 . 6 . BOARD shall mean City of Huntington Beach Board of Zoning Adjustments . 9760 . 2 . 7 . CANOPY SIGNS shall mean any lighted or unlighted display attached to the underside of a projecting canopy or mar- quee protruding over a public or private sidewalk or right of way . 976o . 2 . 8. CHANGEABLE COPY SIGN shall mean any sign which is characterized by changeable copy whether said sign is free- standing or a wall sign, or whether said sign projects from or is supported by a building or a building marquee . 9760 . 2 . 9 . COMBINATION SIGN shall mean any sign incorpor- ating any combination of the features of pole, projecting wall and roof signs . 976o . 2 . 10 . CURB LINE shall mean the line at the curb face nearest to the street or roadway . In the absence of a curb , the curb line shall be established by the City Engineer. 9760 . 2 . 11 . DIRECTOR shall mean the Director of Building and Safety of the City of Huntington Beach, or his duly author- ized representative . 976o . 2 . 12 . DISPLAY SURFACE shall mean the area made avail- able by the sign structure for the purpose of displaying an adver- tising message . 976o . 2 . 13 . ELECTRIC SIGN shall mean any sign containing 7 . electrical wiring but not including signs illuminated by an ex- terior light source . 9760 . 2 . 14 . FACADE SIGN shall mean any sign attached to the vertical exterior surface of a building which extends across the full width of the building and does not project more than six (6) feet above the roof or parapet or below the door or window header. 9760 . 2 . 15 . FREESTANDING SIGN shall mean any sign which is wholly supported by a structure other than a building. 9760 . 2 . 16 . FREEWAY SIGN shall mean any sign, sign struc- ture or advertising device located on property zoned for commer- cial uses located within two hundred fifty (250) feet of a free- ' way right of way line, where the primary purpose for said sign is to inform persons traveling such freeway of the existence of roadside business incidental to travel, such as service stations , restaurants , hotels and motels . 9760 . 2 . 17. FRONT OR EXTERIOR SIDE SURFACE shall mean that portion of a building facing a street or public way (except alley) , mall, or parking lot containing at least twenty-five percent (25%) of the required parking spaces . 9760 . 2 . 18. GROUND SIGN shall mean any sign which is de- tached from a building and is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign or pole sign, as defined by this article . 9760 . 2 . 19 . IDENTIFICATION SIGN shall mean any sign used for identification purposes which designates the name of, or symbol for, a business , industry, shopping center, industrial park, residential subdivision, trailer park, school or institu- tion it is intended to serve . 9760 . 2 . 20 . ILLUMINATED SIGN shall mean any sign in which a source of light is used in order to make the message readable , including, but not limited to, internally and externally lighted signs and reflectorized, glowing or radiating signs . 9760 .2 . 21. INCOMBUSTIBLE MATERIAL shall mean any material which will not ignite at or below a temperature of twelve hundred (1200 ) degrees Fahrenheit during an exposure of five (5) minutes and which will not continue to burn or glow at that temperature . Tests shall be made as specified in the Uniform Building Code Standard No. 4-1-67 . 9760 . 2 . 22 . LAND DEVELOPMENT PROJECT shall mean a residential subdivision final map or division of land parcel map duly recorded since January 1, 1960, identified by a number or signed by the county surveyor, whether or not developer intends to construct dwellings thereon. Land development project shall also mean any 8 . mobile home park or residential development upon which five (5) or more single-family units are constructed or ten (10) or more apartment units are constructed, or any commercial or industrial developments of one (1) acre or more . 9760 . 2 . 23 . LEGAL SETBACK LINE shall mean any line estab- lished by ordinance beyond which no building may be built . 9760 . 2 . 24 . MARQUEE shall mean any canopy projecting over a sidewalk or street , or the area immediately in front of an entrance to a building or property, or attached to and con- structed over the entrance of the building. 9760 . 2 . 25 . MARQUEE SIGN shall mean any structure erected upon or attached to any marquee . 9760 . 2 . 26 . NONSTRUCTURAL TRIM shall mean the molding, battens , caps , nailing strips , latticing, cutouts or letters and walkways which are attached to the sign structure. 9760 . 2 . 27. OFF-SITE SIGN shall mean any sign other than an on-site sign. 9760 . 2 . 28. ON-SITE SIGN shall mean any sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises and the name of the business , person, firm or corporation occupying the premises . 9760 . 2 . 29 . OUTDOOR ADVERTISING shall mean any advertising done through the use of off-site signs or other advertising de- vices such as billboards and statuary . 9760 . 2 . 30 . PLASTIC MATERIALS shall mean materials made wholly or principally from standardized plastics listed and de- scribed in Uniform Building Code Standard No . 52-1-67 . 9760 . 2 . 31. POLE SIGN shall mean any sign wholly supported by a sign structure in the ground. 9760 . 2 . 32 . POLITICAL SIGN shall mean a sign designating candidates for elective office or designed to influence opinion on an issue to be decided at an election. 9760 . 2 . 33 . PORTABLE DISPLAY SURFACE shall mean any dis- play surface temporarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals . 9760 .2 . 34 . PORTABLE SIGN shall mean any sign which can be 9 • moved from place to place which is not affixed to the ground or to a building. 9760 . 2 . 35 . PROJECTING SIGN shall mean any sign, other than a wall sign, which projects from and is supported by the wall of a building. 9760 . 2 . 36 . PROJECTION shall mean the distance by which a sign extends over public property or beyond the building line . 9760 . 2 . 37 . REAL ESTATE SIGN shall mean any sign which per- tains to the use, sale, lease or rental of land or structures , or sign which advertises the future construction of industrial, commercial, professional or residential developments , as well as the name of the architect , engineer or contractor for such develop- ment . Excluded from this definition are signs for real estate land development projects involved in the sale , lease or rental of industrial, commercial or residential units, including mobile home parks which offer the sale, lease or rental of dwelling units on a volume basis , where such signs fall within the def- inition of temporary directional signs . 9760 . 2 . 38 . ROOF SIGN shall mean a sign erected upon or above a roof or parapet of a building. 9760 . 2 . 39 . SIGN shall mean any medium for visual communi- cation including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes . 9760 . 2 . 40 . SIGN FACE MATERIAL shall mean any portion of the sign having a solid backing which does not project beyond the border of such sign. 976o . 2 . 41. SIGN STRUCTURE shall mean any structure which supports or is capable of supporting any sign as defined in this article . A sign structure may be a single pole and may or may not be an integral part of the building. 9760 . 2 . 42 . STRUCTURE shall mean that which is built or constructed, an edifice or building of any kind, or any piece or work artifically built or composed of parts joined together in some definite manner. 9760 .2 . 43 . TEMPORARY DIRECTIONAL SIGN shall mean any sign intended to direct people to a land development project which is engaged in the sale, lease or rental of land or buildings located within the City of Huntington Beach or abutting cities . 9760 . 2 . 44 . TEMPORARY ON-SITE-FEATURE SIGN shall mean any sign that advertises features offered in a land development proj- ect including, but not limited to, features advertised such as 10 . carpets , drapes , sprinkler systems , planted lawns , ceramic tile, and forced-air heating. 60 . 2 . 4 . TEMPORARY SIGN shall n s '97 mean 5 a any sign, banner, > pennant , valance, stringer, propeller, balloon and similar device or advertising display constructed of cloth, canvas , light fabric, wallboard or other light materials, with' or without frames , in- tended to be displayed other than inside a building for a limited period of time . The definition of temporary sign shall not in- clude signs painted on the inside or outside of a window. 9760 . 2 . 46 . UNIFORM BUILDING CODE shall mean the 1967 edition of the Uniform Building Code , Volume I. published by the International Conference of Building Officials . 9760 . 2 . 47 . UNIFORM BUILDING CODE STANDARDS shall mean the 1967 edition of the Uniform Building Code Standards , Volume III, published by the International Conference of Building Officials . 9760 . 2 . 48 . "V" SIGN shall mean any sign with two (2) ad- joining, nonparallel surfaces containing sign copy . 9760 . 2 . 49 . WALL SIGN shall mean any sign which is attached or erected on the exterior wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall and which projects not more than eighteen (18) inches from the building or canopy wall and which does not have more than fifty percent (50%) of its surface above the parapet , eaves or building facade of the building on which it is located. 9761 . PERMITS, FEES, INSPECTIONS 9761. 1. PERMITS REQUIRED. No person, or persons , shall hang, suspend, display, erect , construct , enlarge, alter, repair, move, improve, remove, convert , demolish, equip, use or maintain any sign, sign structure or advertising device in this city or cause or allow same to be done without first obtaining a separate sign permit for each sign, or groups of signs from the Director, except as otherwise provided in Section 9761. 3 . 9761 . 2 . APPLICATION. To obtain a permit , the appli- cant shall first file with the Director an application therefor in writing on a form furnished by the Director for that purpose . Every such application shall: (1) Contain the location by street and street number or by legal description of the proposed sign, sign structure , or advertising device . (2) Designate the name and address of : 11 . (a) The owner of the property on which said sign is located. (b ) The person, or persons , for whose benefit said sign is intended and the nature of the business of said person or persons . (c ) The sign contractor or any other person who in- tends to perform the acts set out in Section 9761. 1. (3) Identify and describe the work to be covered by the permit for which application is made, including a sketch of the copy proposed for such sign. (4 ) Have attached to such application the standard plans for the work to be done on said sign, sign structure , or adver- tising device showing the dimensions and height of said sign, sign structure, or advertising device . (5) State the cost of the proposed work and the estimated market value of said sign, sign structure or advertising device before and after said work is completed. (6) Bear the signatures of the owner of the land on which said sign, sign structure, or advertising device is located, and the signature of the person for whose benefit the sign, sign structure, or advertising device is designed, and the signature of the person, or persons, erecting the sign, sign structure, or advertising device . (7) Contain a statement granting to the city the right to enter upon the land to inspect said sign, sign structure , or ad- vertising device, or to remove the same upon termination, or rev- ocation, of the permit , or for violation of this article , or any of the conditions of approval of the application for said permit without any liability on the part of the City of Huntington Beach. (8) Give such other information as reasonably may be re- quired by the Director. 9761. 3 . ACTIVITIES EXEMPT FROM PERMIT REQUIREMENT. The following activities shall be governed by the provisions of this article except that they shall not require a sign permit : (a) The changing of the advertising copy or message on a painted or printed sign except on temporary signs , temporary directional signs, temporary on-site-feature signs , identification signs, or electrical signs that are not a marquee, or electrical sign, that are not designed specifically to use replaceable copy . F 12 . (b) Maintenance or cleaning of a sign, sign structure, or advertising device unless a structural change is made . (c) Real estate signs not exceeding six (6 ) square feet in area. (d) Professional nameplates and occupational signs not exceeding two (2 ) square feet in area, attached to a commercial, industrial, professional or public institutional building de- noting only the name and occupation of the occupant ; provided such sign is not prohibited or further regulated by this article or other articles of this code . (e ) Memorial signs or tablets , names of buildings and historical monuments when such are cut into any masonry surface or when constructed of bronze or other incombustible material . (f) Traffic or other municipal signs , legal notices , rail- road crossings , danger signs , and nonadvertising warning signs . (g) Trespassing signs having an area of four (4) square feet or less , posted no closer than one hundred (100) feet apart on private property . (h) Bus stop signs erected pursuant to an order of the Bureau of Franchise and Public Utilities, which order shall con- tain provisions as to height, size, material and location. (1) Political signs less than six (6 ) square feet in area. (j ) On-site signs designed solely to facilitate traffic where deemed necessary by the traffic engineer of the city . (k) On-premise directional, locational, or warning signs which are aids to the safety and convenience of the general public and do not advertise a product or service . 9761. 4 . FEES . A filing fee of Ten Dollars ($10) for each sign permit, other than a temporary directional sign per- mit , or a temporary on-site-feature sign permit , shall be paid to the Director. A filing and inspection fee of Fifty Dollars ($50) shall be paid to the Director for each temporary directional sign permit and for each temporary on-site-feature sign permit . The renewal fee for each temporary directional sign permit , and for each temporary on-site-feature sign permit , shall be Twenty- five Dollars ($25 ) . In no case shall the permit fee for temporary signs other than temporary on-site-feature signs or temporary directional signs be more than Ten Dollars ($10) for any one application, regardless of the number of signs covered under said application. 13 . 9761. 5 . MAINTENANCE. All signs within the city, to- gether with all of their display surfaces , supports, braces , guys and anchors, shall be kept in good repair, neatly painted and in proper state of preservation regardless of whether a sign permit is required under this article . 9761. 6 . INSPECTION. All signs for which a permit is required shall be subject to inspection by the Director. 9761. 7 . DETERMINATION PREREQUISITE TO ISSUING A PERMIT. Before granting a permit to hang, suspend, display, erect , con- struct , enlarge , alter, repair, move , improve , remove, convert , demolish, equip, use or maintain any sign, sign structure or ad- vertising device in this city, the Director shall determine that the design, construction, location and materials of the proposed sign, sign structure , or advertising device comply with all applicable provisions of this code . 9761. 7 . 1. APPLICATIONS . ACTION OF DIRECTOR. Within thirty (30 ) days after receipt of an application for a sign per- mit , the Director shall either approve said application, con- ditionally approve said application, or deny said application. Regardless of the determination made by the Director, the Direc- tor shall notify the applicant of his determination within thirty ( 30) days after receipt of the application. If the application is denied, the Director shall set out those grounds on which the application was so denied. If the application is conditionally approved, the Director shall include a list of those conditions in the notice . After receipt of the notice by the applicant , the applicant shall have ten (10 ) days within which to comply with the requirements as set out in that notice . 9761. 8 . RIGHT OF ENTRY . The Director may enter any and all buildings , structures or premises in the city at reason- able times and upon presentation of proper credentials , to per- form any duty required of him under this article . 9761. 9 . BOARD OF ZONING ADJUSTMENTS . APPROVAL. The Director shall have the authority to grant or deny all applica- tions for permits, except that all applications for permits for identification signs , freeway signs , or temporary on-site-feature signs located within a model homes and sales office complex, shall be referred to the Board of Zoning Adjustments and approved by the Board before a permit may be issued. 9761. 9 . 1. CRITERIA. When considering applications for sign permits pursuant to Section 9761. 9 , the Board of Zoning Ad- justments shall inspect the property on which said sign is lo- cated, or is to be located, and shall consider the following 14 . criteria: (a) The sign shall not adversely affect other signs located pursuant to this article : (b ) The sign shall not be detrimental to property located in the vicinity of the property on which said sign is located; (c ) The sign shall be in keeping with the character of the surrounding neighborhood; and (d) The sign shall not obstruct pedestrian and vehicular traffic vision. 9761. 9 . 2 . BOARD OF ZONING ADJUSTMENTS . ACTION. The Board of Zoning Adjustments may approve, conditionally approve, or deny the application brought before it under Section 9761. 9 . The Director shall not issue the permit until the application has been approved or conditionally approved by the Board . 9761 . 9 . 3 . CRITERIA FOR APPROVAL OF IDENTIFICATION SIGNS . When considering identification signs , the Board of Zoning Ad- justments shall consider the following criteria in addition to the criteria set out in Section 9761 . 9 herein: (a) The sign shall be located within a landscaped area of the property on which it is located; (b ) The sign must be situated on property located in either a professional, commercial or industrial district ; (c) The sign shall be situated so that sufficient site clearance is provided. Site clearance shall be determined by the Traffic Engineer; (d) The sign shall display only the name of, or the symbol for, the building or use it is intended to serve ; and (e) A minimum separation of one hundred (100 ) feet shall be provided between identification signs . 9761. 9 . 4 . CRITERIA FOR APPROVAL OF FREEWAY SIGNS . In granting approval or denial of a freeway sign, the Board of Zoning Adjustments shall consider the following factors in ad- dition to those set out in Section 9761. 9 . 1 hereof: (a) The need for the increased height; (b ) Site angle and view from the freeway; (c) Surrounding topography; 15 . (d) Other signs within the same area; (e ) Sign copy; (f) The use of such sign; (g) Placement of sign on the lot; and (h) The area of the sign. 9761. 10 . BOND REQUIRED. Any person, or persons , filing an application for a permit for a temporary, temporary directional, temporary on-site-feature, or political sign, shall file a bond with the Director in the manner prescribed and in the amount set out in Section 9761. 10 . 1 of this article before said permit shall be issued. Only one bond shall be required for permits issued for temporary signs other than temporary directional signs or temporary on-site-feature signs . Only one bond shall be required for each group of temporary on-site-feature signs to be located on a land development project . 9761. 10 . 1. AMOUNT OF BOND . All bonds required to be filed under this article shall be in cash in the amount of One Hundred Dollars ($100) for the purpose of indemnifying the city for any and all costs incurred in the removal of any sign, sign structure, or advertising device, and for the restoration to its original condition of the site upon which such sign, sign structure or advertising device is located. 9761. 10 . 2 . FORFEITURE OR REFUND OF BOND. If the sign, sign structure, or advertising device are not removed and the site restored to its original condition within five (5) days after the expiration, termination or revocation of said permit, the City of Huntington Beach or its agents or employees may enter on all property on which all said signs , sign structures or adver- tising devices are located and remove all such signs , and the cost of such removal shall be deducted from said cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person, or persons , depositing said bond. If said sign, sign structure or adver- tising device is removed and the site restored to its original condition within such five (5 ) day period, then the full amount of the bond shall be refunded to the person who posted the bond. 9761. 11 . SIGN IDENTIFICATION. The Director shall cause to be affixed to, and the sign owner shall maintain in a readily visible location on the sign, the location index number, assigned permit number, expiration date of the permit , name of the sign owner and all other information as reasonably may be required by the Director, for the duration of the sign, sign structure or advertising device . 16 . 9761.12 . REVOCATION OF PERMIT. The Board of Zoning Adjustments may revoke or suspend the sign permit of any per son, or persons, holding same upon receiving satisfactory evi- dence that the permittee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this article, or has failed to comply with any of the conditions of approval set forth for said permit . 9761. 13 . APPLICATION AFTER REVOCATION OF PERMIT. Whenever a permit is revoked under the terms of this article, no other application for a permit under this code shall be con- sidered for a period of one (1) year from the date of such revocation. 9761. 14 . NOTICE OF HEARING. No permit shall be re- voked until a hearing thereon shall have been had by the Board of Zoning Adjustments , notice of such hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permits, his manager or agent . Such notice shall state the grounds of the complaint against the holder of such permit , and the time and place where such hearing will be held. The time of such notice may be shortened by the City Council with the written consent of the holder of the permit . 9761. 15 . SERVICE OF NOTICE OF HEARING. Any notice served under this article, when required to be served upon the holder of a sign permit , may be served on the holder of such permit by delivering same to such holder, his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person, at the address shown on the application for the sign permit . If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed to the address shown on the applica- tion for the sign permit to the holder of said permit and de- posited in the United States mail at Huntington Beach, California, with postage thereon fully prepaid, at least ten (10 ) days prior to the date of such hearing. The applicant shall notify the Director of Building and Safety of any change of address subject to the granting of such permit . 9761. 16 . APPEALS . All appeals under Sections 9760, 9761, 9762, 9763 and 9764 and their subsections shall be governed by this Section 9761. 16 and its subsections , in lieu of Article 988 . Appeals made under Section 9765 and its subsections shall be governed by Section 9765 . 13 , in lieu of Article 988 . 9761 . 16 . 1 . APPEAL BY APPLICANT OR INTERESTED PARTY TO THE PLANNING COMMISSION. The applicant or any interested party may 17 . appeal a decision or requirement of the Director or the Board. Any appeal from a decision or requirement of the Director or Board shall be made to the city Planning Commission. 9761. 16 . 1. 1 . TIME LIMIT. All appeals shall be made within ten (10 ) days following the Director' s or Board ' s decision. 9761. 16 . 1. 2 . FORM AND CONTENT. Any appeal shall be in writing and said appeal shall specify, in detail, any error of decision or requirement by the Director or Board. 9761. 16 . 1. 3 . FILING PLACE AND NOTIFICATION. All appeals shall be filed in the office of the Planning Department . Upon receipt of said appeal, the secretary to the Planning Commission shall set the matter for hearing before the Planning Commission. Said hearing shall be held at the earliest possible regular Planning Commission meeting. 9761. 16 . 1. 4 . FILING FEE. Accompanying any appeal shall be a filing fee of Twenty-five Dollars ($25) . 9761. 16 . 1. 5 . HEARING DATE CONTINUANCE. The Planning Com- mission may continue the hearing to another date without giving further notice thereof if such date is announced at the hearing. 9761. 16 . 1. 6 . DECISION BY THE PLANNING COMMISSION. The Planning Commission may, after hearing, affirm, reverse or modify the Board's or Director' s decision. Furthermore, the Planning Com- mission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this article . 9761 . 16 . 1. 7 . FINDING OF FACT AND DECISION TIME LIMIT. In granting, modifying or denying an appeal , the Planning Commission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the hearing. 9761. 16 . 1. 8 . NOTICE OF PLANNING COMMISSION'S DECISION . Notice of the Planning Commission ' s decision shall be mailed to the applicant within five (5) days after such decision is rendered. 9761. 16 . 2 . CHALLENGE BY COMMISSION. The city Planning Commission or any member thereof may request in writing, within the ten (10 ) day period of appeal, a hearing before the city Planning Commission to consider any decision or requirement of the Director or Board. 9761 . 16 . 2 . 1. NOTIFICATION. Any decision or requirement of the Board that is challenged by the Planning Commission or any member thereof shall be set for hearing before the Planning Com- mission. Said hearing shall be held at the earliest possible regular Planning Commission meeting. 18 . 9761. 16 . 2 . 2 . HEARING DATE CONTINUANCE. The Planning Com- mission may continue the hearing to another date without giving further notice thereof if such date is announced at the hearing. 9761. 16 . 2 . 3 . DECISION BY THE PLANNING COMMISSION. The Planning Commission may, after hearing, affirm, reverse or modify the Director' s or Board' s decision. Furthermore , the Planning Commission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this article . 9761. 16. 2 . 4 . FINDING OF FACT AND DECISION TIME LIMIT. In granting, modifying or denying a challenge, the Planning Com- mission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the hearing. 9761. 16 . 2 . 5 . NOTICE OF PLANNING COMMISSION DECISION. Notice of the Planning Commission' s decision shall be mailed to the appli- cant within five (5) days after such decision is rendered. 9761 . 16 . 3 . REFERRAL OF APPLICATION TO PLANNING COMMISSION FOR HEARING. When the Director or Board declines to act on an application and refers said application to the Planning Commission for hearing, the secretary to the Planning Commission shall set said application for hearing before the Planning Commission. Said hearing shall be held at the earliest possible regular Planning Commission meeting. 9761. 16 . 3 . 1. HEARING DATE CONTINUANCE. The Planning Com- mission may continue the hearing to another date without giving further notice thereof if such date is announced at the hearing. 9761. 16 . 3 . 2 . NOTICE OF PLANNING COMMISSION DECISION. Notice of the Planning Commission' s decision shall be mailed to the appli- cant within five (5) days after such decision is rendered. 9761. 16 . 4 . APPEAL BY APPLICANT OR INTERESTED PARTY TO THE CITY COUNCIL. The applicant or any interested party may ap- peal a decision or requirement of the Planning Commission. Any appeal from a decision or requirement of the Planning Commission shall be made to the City Council. 9761.16 . 4. 1. TIME LIMIT. All appeals shall be made within ten (10 ) days following the Planning Commission' s decision. 9761. 16 . 4 . 2 . FORM AND CONTENT. Any appeal shall be in writing and said appeal shall specify, in detail, any error of decision or requirement of the Planning Commission. 9761. 16 . 4 . 3 . FILING PLACE AND NOTIFICATION. All appeals to the City Council shall be filed with the City Clerk. Upon 19 . receipt of said appeal, the City Clerk shall set the matter for hearing before the City Council at the earliest possible regular City Council meeting. 9761. 16 . 4 . 4 . FILING FEE. Accompanying any appeal shall be a filing fee of Twenty-five Dollars ($25) . 9761. 16 . 4 . 5. HEARING DATE CONTINUANCE. The City Council may continue the hearing to another date without giving further notice thereof if such date is announced at the hearing. 9761. 16 . 4. 6 . DECISION BY THE CITY COUNCIL. The City Council may, after hearing, affirm, reverse or modify the Planning Commission' s decision. Furthermore , the City Council may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this article . The decision of the City Council shall be final . 9761 . 16 . 4 . 7 . FINDING OF FACT AND DECISION TIME LIMIT. In granting, modifying or denying an appeal, the City Council shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the hearing. 9761. 16 . 4. 8 . NOTICE OF CITY COUNCIL DECISION. Notice of the City Council ' s decision shall be mailed to the applicant within five (5) days after such decision is rendered. 9761. 16 . 5 . CHALLENGE BY CITY COUNCIL. The City Council or any member thereof may request in writing, within the ten (10) days period for appeal, a hearing before the City Council to con- sider any decision or requirement of the Planning Commission or Board. 9761. 16. 5. 1. NOTIFICATION. Any decision or requirement of the Planning Commission or Board that is challenged by the City Council or any member thereof shall be set for hearing before the City Council at the earliest possible regular City Council meeting. 9761. 16 . 5 . 2 . HEARING DATE CONTINUANCE. The City Council may continue the hearing to another date without giving further notice thereof if such date is announced at the hearing. 9761. 16 . 5 . 3 . DECISION BY THE CITY COUNCIL. The City Council may, after hearing, affirm reverse or modify the de- cision of the Planning Commission or Board. Furthermore , the City Council may make any additional determination or require- ment it shall consider appropriate within the limitations imposed by this article . The decision of the City Council shall be final . 20 . 9761. 16 . 5 . 4 . FINDING OF FACT AND DECISION TIME LIMIT. In granting, modifying or denying a challenge, the City Council shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the hearing. 9761. 16 . 5 . 5 . NOTICE OF CITY COUNCIL DECISION. Notice of the City Council' s decision shall be mailed to the applicant within five (5 ) days after such decision is rendered. 9762 . MISCELLANEOUS SIGNS AND ACTIVITIES PROHIBITED 9762 . 1 . USE OF CERTAIN ATTENTION-GETTING DEVICES PRO- HIBITED. No person, or persons , shall use or operate a loud- speaker, sound amplifier, stereopticon, or motion picture machine in connection with any sign, sign structure or advertising de- vice . 9762 . 2 . USE OF LIVE MODELS OR SEARCH LIGHTS PROHIBITED. No person, or persons, shall use live animals , human beings or searchlights except in conjunction with temporary signs . 9762 . 3 . LIGHT BULBS PROHIBITED . No person, or persons , shall use light bulbs in conjunction with any advertising sign or structure except when specifically designed to be used as sign-face materials . Any illumination so used in conjunction with the sign or advertising structure , shall be designed so that it does not fall or reflect onto adjacent property in any resi- dential zone or onto a public thoroughfare . 9762 . 4 . USE OF FLASHING OR PULSATION PARTS . No per- son, or persons, shall display any sign, painted on, or attached to, a bench; any arrow, bull ' s-eye , spotlight , rotating beacon, spinning or any other novelty signs whatsoever; nor any flash- ing or pulsating signs which do not contain advertising copy ex- cept public service signs such as those providing time and tem- perature information. 9762 . 5 . SIGHT OBSTRUCTION PROHIBITED . No person, or persons , shall display a sign, sign structure or advertising de- vice in a manner that may confuse or obstruct the view or inter- pretation of any official traffic sign, signal or safety device . 9762 . 6 . ERECTION OF SIGNS ON PUBLIC PROPERTY PRO- HIBITED. No person, or persons shall erect or cause to be erected any sign, sign structure or advertising device on public property except where such sign is erected by a public official in the per- formance of his duty. Any sign erected in violation of this sec- tion shall be removed without notice by the Department of Public Works . 9762 . 7 . PORTABLE SIGNS PROHIBITED. No person, or per- sons , shall display portable signs , including but not limited to, 21. signs attached to or painted on a vehicle or trailer. 9763 . SIGNS PERMITTED. MISCELLANEOUS . 9763 . 1. TEMPORARY SIGNS . 9763 . 1. 1. PERMITS FOR TEMPORARY SIGNS . The Director shall not issue a permit for a temporary sign, except as other- wise provided in this article, unless said sign is located in either an office-professional, commercial or industrial district , and its purpose is to advertise one of the following special events . (a) Grand openings or going-out-of-business sales . (b ) Change of business location. (c) Change of business ownership or management . (d) A sales event conducted throughout an entire shopping center. (e ) A sales event conducted throughout a business chain. 9763 . 1. 2 . SIZE. No temporary sign shall exceed one hundred (100 ) square feet in area. Temporary signs of rigid ma- terial shall not exceed twenty-four (24) square feet in area, or six (6 ) feet in height , nor shall any such sign be fastened to the ground. 9763 . 1. 3 . TEMPORARY CLOTH SIGNS. SUPPORT FOR. Every temporary cloth sign shall be supported and attached with wire rope of three-eighths (3/8) inch minimum diameter. No strings , fiber ropes or wood slats shall be permitted for support or anchorage purposes . Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind re- sistance . Temporary cloth signs over private property not exceeding sixty (60 ) square feet shall be supported and attached with wire rope meeting the requirements of this article . 9763 . 1. 3 . 1. TEMPORARY CLOTH SIGNS. CLEARANCE OF . Cloth signs may extend over public property provided a minimum clear- ance of twenty (20) feet is maintained. 9763 . 1. 3 . 2 . TEMPORARY CLOTH SIGNS. PROJECTION OF . Cloth signs may extend across a public street only by permission of the City Council. Temporary signs , other than cloth, when eight 22 . ( 8) feet or more above the ground may project not more than six (6 ) inches over public property or beyond the legal setback line . 9763 . 1. 4 . TIME LIMIT. TEMPORARY SIGNS . Except as otherwise provided in this article, the Board of Zoning Adjust- ments shall determine the length of time temporary signs shall be permitted. 9763 . 1. 5 . TEMPORARY DIRECTIONAL SIGNS . 9763 . 1. 5 . 1. TEMPORARY DIRECTIONAL SIGN PERMITS . EXPIRA- TION OF . Permits issued for temporary directional signs shall expire one (1) year from the date of issuance or on the date all individual units of the land development project have been sold, leased or rented by the developer for the first time for their intended usage, whichever occurs first . Renewals of permits for temporary directional signs may be granted upon proper appli- cation. 9763 .1. 5 . 2 . TEMPORARY DIRECTIONAL SIGNS . STANDARDS AND SPECIFICATIONS . Temporary directional signs shall meet the following standards and specifications : (a) Size of Signs . The sign size shall not be more than twenty-five (25 ) feet in horizontal length nor more than twelve (12 ) feet in vertical height , exclusive of ground clearance and shall not exceed a total area of two hundred (200) square feet . (b ) Height of Signs . The maximum sign height shall not exceed thirty-five 35 feet . (c ) Location of Signs . (1) Such signs may be established along, but not within, the right of way of any highway, street or thoroughfare . (2 ) No sign is permitted in any developed residential zone except on-site signs located within the model home and sales complex for which it is in- tended. (3) All signs shall set back two hundred (200) feet from any lot zoned for residential use where such lot contains residential dwelling other than dwellings which are a part of a model home and sales complex for which the sign is intended. (d) Distance between Signs . The distance between signs lo- cated on the same side of the street shall be three hundred (300 ) 23, feet ; except at the intersection of arterial highways , in which case a sign facing each street may be placed on each corner. (e) Removal for Highway Widening. Any temporary directional sign shall be removed by the person to whom the permit was issued, or the owner of the land upon which the sign is located, without expense to any public agency, when it conflicts with any street or highway widening or construction . Written notice shall be given by mail to the last-known address of the owner of land upon which the sign is situated and to the person to whom the permit was issued, stating that the public agency requires such removal . A copy of said written notice shall be filed with the Director concurrently with notification to said person and said owner. (f) Ground Clearance . An unobstructed open space , except for supports of the sign, shall be maintained to a height of ten (10) feet from the top of the nearest curb . (g) Screening. All signs shall be doubled faced and boxed in on the sides to screen structural members of the display sur- face from view. (h) Miscellaneous Requirements for Temporary Directional Signs . (1) Such signs shall comply with applicable state laws regulating outdoor advertising signs and struc- tures , as they now exist or as hereafter may be amended. (2) Two (2) or more signs shall not be situated in tandem or designed to read as one sign. (3) When all individual units of a land development project are sold, leased or rented by the developer the first time for their intended use, or when one (1) year has expired from the date of issuance of the permit , whichever occurs first , all temporary directional signs shall be removed. (4) All signs shall conform to the yard requirements established for each district and all established building lines . 9763 . 1. 5 . 3 . INSPECTIONS . During construction of each temporary directional sign, the Director shall inspect the foun- dation excavation or postholes and supporting members prior to their placement in the ground. 9763 . 1. 5 . 4. EXISTING NONCONFORMING TEMPORARY DIRECTIONAL SIGNS . Notwithstanding other provisions of this article , any temporary directional sign which, on the effective date of this 24 . article, is lawfully existing pursuant to a sign permit and is rude nonconforming by the provisions of this article only because of its size or distance from another sign, may remain for one (1) year after the effective date hereof. Temporary directional signs lawfully existing pursuant to a sign permit and made non- conforming under this article for any reason other than their size or distance from another sign, shall be removed upon expiration of their permits or within one (1) year from the effective date of this article, whichever date is sooner, and no such permit shall be renewed. Removal of temporary directional signs exist- ing without a valid permit on the effective date of this article , shall be governed by Section 9763 . 4(b ) of this article . 9763 . 1 . 6 . TEMPORARY ON-SITE-FEATURE SIGNS . STANDARDS AN➢ SPECIFICATIONS . Temporary on-site-feature signs shall meet the following requirements : (a) Such signs shall be located only within the blue border of the subdivision as shown on the final map . (b) The maximum area for each sign shall not exceed sixteen (16 ) square feet . (c) The width and height of the sign shall not exceed a ratio of two to one . (d) The minimum distance between signs shall be sixty (60) feet . (e) No sign, nor combination of sign and sign structure shall exceed the maximum height of twelve (12) feet . Signs which are forty-two (42 ) inches in height or more shall maintain a minimum ground clearance of seven (7) feet . 9763 . 2 . SIGNS BEHIND SETBACK. The following provisions shall apply to all signs located behind the setback in office- professional, commercial and industrial districts : (a) The sign area shall be computed from the vertical ex- terior surface of the building of the business , profession or industry it advertises . (b ) In no case shall the combined area of attached signs , roof signs and freestanding signs exceed the permissible sign area stated in this article for signs located behind the setback line (c) Attached signs , except roof signs , shall be placed toward the side of the building from which the sign area is computed. (d) Freestanding signs behind the setback shall be placed in 25 . i front of the surface of the building from which the sign area was computed. (e ) Signs designed to advertise several businesses shall have the sign area devoted to each business deducted from the permissible sign area for such business . (f) Roof signs shall be entirely supported by no more than two (2 ) structural supports and shall not rely on secondary sup- porting members such as guy wires and braces . (g) Sign height shall not exceed the building height re- strictions of the district in which said signs are located. (h) Signs located within a building shall not be included as a part of the permissible sign area. 9763 . 3 • SIGNS WITHIN THE SETBACK. The following pro- visions shall apply to signs within the setback in office- professional, commercial and industrial districts : (a) Signs shall be set back twenty (20) feet from any interior property line , or shall be set back one (1) foot for each two (2 ) square feet of sign area, whichever is the greater, except as otherwise permitted in this article . However, this provision shall not prohibit the placement of a sign within the central ten (10) feet of frontage of any premises . (b ) The minimum ground clearance for signs exceeding forty- two (42) inches in height, except identification signs, shall be ten (10 ) -feet . 9763 . 4 . NONCONFORMING SIGNS AND OTHER ADVERTISING DE- VICES . Except as otherwise provided in this article , noncon- forming signs, sign structures or advertising devices shall be made to conform to the provisions of this article, or shall be removed in accordance with the following schedule : (a) Signs , sign structures or advertising devices erected in violation of the laws in effect at the time of erection shall be removed within thirty ( 30 ) days subsequent to receipt of written notice from the Director. (b ) Temporary signs and other temporary sign structures or advertising devices other than temporary directional signs or temporary directional sign structures , not existing pursuant to a valid sign permit on the date this article takes effect , shall be removed within sixty (60) days after receipt of written notice from the Director. The removal of nonconforming, temporary di- rectional signs , or nonconforming, temporary directional sign structures , existing pursuant to a valid sign permit on the effec- 26 tive date of this article shall be governed by Section 9763 . 1 . 5 . 4 of this article . (c) Arrow, bull ' s-eye , spotlight, rotating beacon and similar novelty signs; flashing signs which do not contain adver- tising copy; signs painted on a building, bench or structure other than a sign structure; searchlights; advertising using a public address system, loudspeakers , sound-amplifying systems , animals or human beings , existing at the time this article takes effect , shall conform to the provisions of this article not later than ninety (90) days after receipt of written notice from the Director. (d) Signs, sign structures or other advertising devices , other than those specified in subsections (a) , (b ) and (c) of this section, existing at the time this article takes effect and having a current market value less than $100 shall be removed or altered to comply with the provisions of this article not later than one (1) year after receipt of written notice from the Director. (e) Signs, sign structures or advertising devices other than those specified in subsections (a) , (b ) and (c ) of this section, existing at the time this article takes effect , and having a current market value of $100 or greater, but less than $300 , shall be removed or altered to comply with the provisions of this article not later than two (2) years after receipt of written notice from the Director. (f) Signs , sign structures or advertising devices other than those specified in subsections (a) , (b ) and (c) of this section, existing at the time this article takes effect , and havinga current market value of 00 or reater, but less than $3 g � $1, 000 , shall be removed or altered to comply with the provisions of this article not later than five (5) years after receipt of written notice from the Director. (g) Signs, sign structures or advertising devices other than those specified in subsections (a) , (b ) and (c) of this section existing at the time this article takes effect , and having a current market value of $1, 000 or greater, shall be made to conform with the provisions of this article or be re- moved within ten (10) years after receipt of written notice from the Director. 9763 . 4 . 1. DETERMINATION OF AMORTIZATION PERIOD FOR NON- CONFORMING SIGNS. All signs made nonconforming by the provisions set forth in other articles of this code , now existing or hereto- fore repealed, shall remain nonconforming notwithstanding the pro- visions of this article , and the five (5) year period for their amortization shall be determined from the effective date of Ordi- 27 . nance No . 1105 (January 6, 1965) . 9763 . 4 . 2 . DESTRUCTION OF NONCONFORMING SIGNS . If any nonconforming sign, sign structure or advertising device is de- stroyed by fire, explosion, act of God or act of a public enemy to an extent of fifty percent (50%) of the market value thereof, then said sign, sign structure or advertising device shall either be removed and the site on which it stood shall be restored to its original condition, or it shall be repaired to conform to the provisions of this article, within thirty (30) days from the date of such destruction. Market value of the destroyed sign shall be determined by official records of the Orange County Assessor's Office for the fiscal year during which said destruction occurred. 9763 . 4 . 3 • APPLICATION TO EXTEND USE OF SIGN. Notwith- standing the provisions of Section 9763 . 4, the owner of any non- conforming sign, sign structure or advertising device that is required to be removed, altered or replaced pursuant to the pro- visions hereof, may make application to the Planning Commission for permission to extend the use of such sign. Said written application shall be filed not less than fifteen (15) days pre- ceding the dates prescribed in Section 9763 . 4 for the alteration, removal or replacement of said sign, sign structure or advertising device . After a hearing, the Planning Commission may grant per- mission to extend the time for alteration, removal or replacement of such sign, sign structure or advertising device for a period determined by the Planning Commission. Before granting any ex- tension under this section, the Planning Commission must find and determine the following: (a) That such alteration, removal or replacement within the time specified in Section 9763 . 4 will result in a substantial economic hardship, or that the applicant will suffer great fi- nancial loss thereby; (b ) That the sign will not adversely affect other lawfully erected signs in the same area; (c) That the sign will not be detrimental to the property located in the vicinity of the property on which said sign is located; (d) That the sign will be in keeping with the character of the surrounding neighborhood; and (e ) That the sign shall not obstruct pedestrian or other vehicular traffic vision. 9763 . 4 . 4 . VARIANCES . Any person filing an application for a permit for a sign under this code may simultaneously , with the making of such application, make application for a variance 28 . from strict compliance with the terms of this code . Such appli- cation shall be made to the Board of Zoning Adjustments , shall be considered by the Board of Zoning Adjustments , and no such application for a variance may be granted unless the Board of Zoning Adjustments finds and determines the following: (a) That strict compliance with the terms of this code will result in a substantial economic hardship to the applicant or that the applicant will suffer great financial loss thereby; and (b ) That the sign will not adversely affect other lawfully erected signs in the same area; and (c ) That the sign variance applied for will not be detri- mental to the property located in the vicinity of the property on which said sign is located; and (d) That the sign will be in keeping with the character of the surrounding neighborhood; and (e ) That the sign shall not obstruct pedestrian or other vehicular traffic vision. 9763 . 5 . SIGNS ON NONCONFORMING PROPERTY. Signs , sign structures or advertising devices which are located on property , the use of which is nonconforming to the district in which said property is located, shall conform to those sign requirements imposed by the district in which said property is located or the sign requirements of the district where such property use would otherwise be permitted, whichever district has the most restric- tive requirements . 9764 . PERMITTED SIGNS . DISTRICT REGULATIONS . 9764 . 1 . RESIDENTIAL DISTRICTS . No person, or persons , shall hang, suspend, display, erect , construct , use or maintain any sign, sign structure or advertising device within a residential district other than an R-5 district except the following: 9764 . 1. 1. IDENTIFICATION SIGNS ON RESIDENTIAL DEVELOP- MENTS . Signs may be affixed to a masonry wall at the entrance street, or streets, to a residential tract , identifying the name of such residential development . 9764 . 1. 2 . IDENTIFICATION SIGNS ON APARTMENT BUILDINGS . One (1 ) sign only may be affixed to either the wall of an apart- ment building or to a masonry wall in front of an apartment build- ing provided that such sign only identifies the name of the apart- ment building. 9764 . 1 . 3 . IDENTIFICATION SIGNS ON MOBILE HOME PARKS . 29 . One (1) sign only may be affixed to the masonry wall in front of mobile home parks identifying the name of such park. 9764. 1. 4 . HEIGHT AND PROJECTION. All signs so erected under the requirements of Sections 9764 . 1. 1, 9764 . 1 . 2 , and 9764 . 1. 3 shall consist of raised letters not more than eighteen (18 ) inches in height affixed parallel to said wall or building and shall not project more than three (3 ) inches from said wall or building, nor shall they project above the wall or above the eaves of a building. 9764 . 1. 5 . REAL ESTATE SIGNS may be erected provided they comply with all other provisions of this article applicable to such signs . 9764 . 1 . 6 . TEMPORARY DIRECTIONAL SIGNS may be erected pro- vided they comply with all other provisions of this article appli- cable to such signs . 9764 . 2 . PERMITTED SIGNS IN OFFICE-PROFESSIONAL AND C-1 DISTRICTS . No person, or persons , shall hang, suspend, dis- play, erect , construct , use or maintain any sign, sign structure or advertising device within an office-professional or C-1 dis- trict except the following types of signs : canopy, combination, freestanding, identification, pole , projecting, temporary or wall . 9764 . 2 . 1. SIGNS WITHIN THE SETBACK. Signs , sign struc- tures or advertising devices permitted under Section 9764 . 2, lo- cated within the front or exterior side yard, shall be limited to one (1) freestanding or combination sign for each abutting street , with an area not to exceed one (1) square foot for each foot of street frontage . 9764 . 2 . 1. 1. MAXIMUM SIGN AREA FOR SIGNS IN OFFICE-PROFES- SIONAL DISTRICT. Signs in the office-professional district shall not have a maximum area greater than two hundred (200) square feet . 9764 . 2 . 1. 2 . MAXIMUM AREA FOR SIGNS IN THE C-1 DISTRICT. Signs in the C-1 district shall not have a maximum area greater than one hundred (100) square feet . 9764 . 2 . 1. 3 . MAXIMUM HEIGHT IN OFFICE-PROFESSIONAL AND C-1 DISTRICT. Signs in the office-professional and C-1 districts shall not have a maximum height greater than thirty-five (35) feet . 9764 . 2 . 1. 4 . MINIMUM SIGN AREA IN OFFICE-PROFESSIONAL AND C-1 DISTRICT. The minimum sign area in the office-professional and C-1 districts need not be less than twenty-five (25) square feet . 30 . 9764 . 2 . 2 . SIGNS BEHIND THE SETBACK. The combined area of all signs , sign structures or advertising devices in office- professional and C-1 districts behind the setback shall not ex- ceed ten percent (10%) in office-professional districts , and fifteen percent (15%) in C-1 district of each vertical surface on the front or exterior side of the building to which the sign, sign structure or advertising device is attached. 9764 . 2 . 3 • ROOF SIGNS PROHIBITED . Roof signs , roof sign structures , or roof advertising devices are prohibited in office- professional and C-1 districts . 9764 . 2 . 4 . COMBINATION SIGNS OR FREESTANDING SIGNS . Only one (1) freestanding sign, freestanding sign structure, free- standing advertising device , combination sign, combination sign structure or combination advertising device shall be permitted for each building in an office-professional or C-1 district . 9764 . 2 . 5 . PLACEMENT OF ATTACHED AND COMBINATION SIGNS . Attached signs , attached sign structures , attached advertising devices , combination signs, combination sign structures or com- bination advertising devices shall not extend more than six (6) feet above the parapet , eaves or building facade in an office-pro- fessional or C-1 district . 9764 . 3 . PERMITTED SIGNS IN C-2, C-3 AND C-4 DISTRICTS . No person, or persons , shall hang, suspend, display, erect , construct , use or maintain any sign, sign structure or adver- tising device within a C-2, C-3 or C-4 district except the fol- lowing types of signs : canopy, combination, freestanding, ground sign, identification, marquee, pole, projecting, roof, temporary or wall. 9764 . 3 . 1. SIGNS WITHIN THE SETBACK. Signs , sign struc- tures or advertising devices permitted under Section 9764 . 3, located within the front or exterior side yard shall conform with the following requirements : 9764 . 3 . 1. 1. SIZE OF SIGNS . The combined total area of all signs fronting on a street shall not exceed one (1) square foot for each foot of frontage of the street on which the sign fronts . However, the minimum sign area need not be less than twenty-five (25 ) square feet . 9764 . 3 . 1. 2 . DISTANCE BETWEEN SIGNS . Signs within the setback area other than signs identifying driveway entrances or exits and similar directional signs, shall conform to the fol- lowing requirements : (a) One (1) freestanding or combination sign is permitted for each detached building. However, the minimum distance be- 31 . tween said signs shall be forty (40) feet . (b ) Lots having frontage on two (2 ) or more streets may have signs which conform to one of the following alternatives : (1) One (1) pole or combination sign may be permitted for each street . The size of each sign shall conform to the provision of Section 9764 . 3 . 1 . 1; or (2 ) One (1) pole sign may be permitted at the inter- section of the front and exterior side property lines . The size of said sign shall be determined by Section 9764 . 3 . 1. 1 . In addition, two (2) secondary pole signs are permitted at the front or exterior side property lines . Said pole signs shall be set back a minimum of one hundred (100) feet from the corner pole sign. Said secondary pole signs shall not exceed fifty (50 ) square feet in area. 9764 . 3 . 2 . The maximum sign height shall not exceed fifty (50) feet . 9764 . 3 . 3 . GROUND SIGNS . One (1) ground sign shall be permitted for each abutting street within the required setback, subject to the following requirements : (a) Said sign shall advertise the merchandise or service offered on the premises . (b) Said sign shall be entirely supported by no more than two (2 ) structural supports , permanently affixed to the ground, and shall not rely on secondary supporting members such as guy wires and braces . (c) The total sign area shall not exceed a height of forty- two (42 ) inches and a width of six (6 ) feet . (d) The sign shall be situated so that sufficient sight clearance is provided. Sight clearance shall be determined by the Traffic Engineer. (e ) Ground signs and the permitted freestanding sign shall not be designed to be read as one sign. (f) The area of said sign shall be deducted from the per- mitted sign area. (g) Said sign shall be located to conform to the following setback requirements : 32 . (1) Five (5) feet from any interior property line; (2) Five (5 ) feet from any street or highway right of way line; (3) Ten (10) feet from any driveway intersection; and (4 ) One hundred (100) feet from any street intersection. 9764 . 3 . 4 . SIGNS BEHIND SETBACK LINE. Signs located be- hind the setback line shall conform to the following requirements : (a) The total combined area of all signs behind the setback shall not exceed twenty percent (20%) of each vertical surface on the front or exterior side of the building to which said sign is attached. (b ) Only one (1) freestanding or combination sign shall be permitted for each building. (c ) Only one (1 ) roof sign shall be permitted for each building, except that shell buildings designed to be separated into individual stores shall be considered as a single building and only one (1) roof sign shall be permitted. 9764 . 4 . SIGNS PERMITTED IN INDUSTRIAL DISTRICTS . No person, or persons, shall hang, suspend, display, erect , construct , use or maintain any sign, sign structure or advertising device within an industrial district except the following types of signs : canopy, combination, freestanding, identification, pole , project- ing, roof, temporary or wall. 9764 . 4 . 1. SIGNS WITHIN THE SETBACK LINE . Signs , sign structures or advertising devices permitted under Section 9764 . 4, located within the front or exterior side yard, shall conform to the following requirements : 9764 . 4 . 1. 1. One (1) freestanding or combination sign is permitted for each abutting street , subject to the following re- quirements : 9764 . 4 . 1. 2 . SIZE OF SIGNS . The total area shall not ex- ceed one (1) square foot for each foot of street frontage of that abutting street . However, the minimum sign area need not be less than twenty-five (25 ) square feet . 9764 . 4 . 1. 3 . MAXIMUM HEIGHT. The maximum sign height shall not exceed fifty (50) feet . 9764 . 4 . 2 . SIGNS BEHIND THE SETBACK. Signs located be- hind the setback shall conform to the following requirements : 33 . (a) The total combined area of all signs attached or de- tached behind the setback shall not exceed ten percent (10% ) of each vertical surface of the front or exterior side surface of the building to which said sign is attached, or in front of which it is located. (b ) Only one (1 ) roof sign shall be permitted for each building, except that shell buildings designed to be separated into individual units shall be considered as a single building and only one (1) roof sign shall be permitted. (c) Only one (1) freestanding or combination sign shall be permitted for each building. 9764 . 5 . REAL ESTATE SIGNS 9764 . 5 . 1. REAL ESTATE SIGNS PERMITTED IN R-1, Rl-PD5 AND R-2 DISTRICTS . One (1 ) real estate sign shall be permitted for each parcel of land abutting a street subject to the follow- ing requirements : (a) One (1 ) square foot of sign area is permitted for each fifteen (15 ) feet of street frontage on the abutting street . However, the total sign area need not be less than six (6) square feet and shall not be greater than fifty (50) square feet . (b ) The height and width of the sign shall not exceed a ratio of two to one . 9764 . 5 . 2 . REAL ESTATE SIGNS PERMITTED IN R-3 AND R-4 DISTRICTS . One (1) real estate sign shall be permitted for each parcel of land abutting a street subject to the following con- ditions : (a) One (1) square foot of sign area shall be permitted for each ten (10 ) feet of street frontage on the abutting street . However, the total sign area need not be less than six (6 ) square feet and shall not be greater than fifty (50 ) square feet . (b ) The height and width of the sign shall not exceed a ratio of two to one . 9764 . 5 . 3 . REAL ESTATE SIGNS PERMITTED IN OFFICE-PROFES- SIONAL DISTRICT. Real estate signs for residential uses in the office-professional districts shall be governed by Section 9764 . 5 . 2 . One (1) real estate sign, for uses other than resi- dential uses in the office-professional district , shall be per- mitted for each parcel of land abutting a street , subject to the following conditions : (a) One (1) square foot of sign area shall be permitted 34 . for each five (5 ) feet of street frontage on the abutting street . However, the maximum sign area need not be less than ten (10) square feet nor shall it exceed fifty (50) square feet . (b ) The height and width of the sign shall not exceed a ratio of two to one . 9764. 5 . 4 . REAL ESTATE SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS . One (1 ) real estate sign in commercial and industrial districts shall be permitted for each street abutting the parcel of land, subject to the following conditions: (a) The area of the sign shall not exceed one (1) square foot for each five (5 ) feet of street frontage on the abutting street . However, the total sign area need not be less than twenty-five (25) square feet nor shall it exceed fifty (50) square feet . (b ) The height and width of the sign shall not exceed a ratio of two to one . 9764 . 5 . 5 . REAL ESTATE SIGNS PERMITTED ALL OTHER DIS- TRICTS . One (1) real estate sign in districts , other than those set out hereinbefore , shall be permitted for each street abutting the parcel of land subject to the following conditions : (a) One (1) square foot of sign area shall be permitted for each fifteen (15) feet of street frontage on the abutting street . However, the total sign area need not be less than six (6) square feet, and shall not be greater than fifty (50) square feet . (b ) The height and width of the sign shall not exceed a ratio of two to one . 9764 . 5 . 6 . OPEN HOUSE SIGNS . In lieu of a real estate sign, signs advertising "open house , " "open for inspection" or similar signs may be permitted, subject to the following con- ditions : (a) The size of such signs shall not exceed the permissible sign area for real estate signs . (b ) The sign shall only be displayed when the property is open for inspection. 9764 . 5 . 7 . REAL ESTATE SIGNS . All real estate signs shall be removed immediately after said land or structures are sold, leased, rented, or immediately after the intended use has commenced. 35 . 9764 . 6 . OUTDOOR ADVERTISING. No off-site sign, sign structure , statuary, billboard or other advertising device shall be maintained for outdoor advertising purposes . 9764 . 7 . POLITICAL SIGNS . No person, or persons , shall display a political sign within the city until he has first filed with the Director a $100 cash bond refundable, as hereinafter pro- vided. One bond shall be required for each candidate posting signs within the city limits whose candidacy is advertised by such sign, and for each committee advocating an issue, which issue is advertised by such sign. Such bonds shall provide that if said political sign or signs are not completely removed and the site restored to its original condition within two (2 ) weeks from the election date, the full amount of such bond shall be forthwith and summarily forfeited, and paid over to the City of Huntington Beach. If said sign is completely removed and the site restored to its original condition within two (2) weeks after the election date, then the full amount of such bond shall be refunded to the candidate or to the committee upon written request to the Director. 9764 . 8. COMMUNITY SERVICE SIGNS . No person, or per- sons , shall display a community service sign until they have first submitted to the Board of Zoning Adjustments a plan indicating the type and location of said sign and shall have obtained ap- proval or conditional approval of said plan from the Board of Zoning Adjustments . All community service signs shall be removed within two (2 ) weeks from the day of termination of the event for which such signs were erected. 9765 . STRUCTURAL DESIGN AND CONSTRUCTION 9765 . 1. COMPUTATION OF SIGN AREA 9765 . 1. 1. SIGNS HAVING BORDERS OR FRAMES EXCEPT FACADE SIGNS . The area within the outer perimeter of a sign having a border or frame shall be computed as sign area. 9765 . 1. 2 . SIGNS NOT HAVING BORDERS OR FRAMES AND FACADE SIGNS . For signs not having borders or frames and facade signs , the sign area shall be the entire area within a single , continuous perimeter of not more than eight (8) straight lines , a circle or elipse enclosing the extreme limits of writing, emblems , arrows , ornaments or other sign media of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. 9765 . 1. 3 . THREE-DIMENSIONAL SIGNS . The sign area of three-dimensional signs, such as cubes , pyramids , spheres and other quadric surfaces shall be computed from the largest cross 36 . section through such sign. 9765 . 1. 4 . DOUBLE-FACED SIGNS . The sign area of double- faced signs shall be computed from the area of the largest face , provided the two faces of the sign are parallel and are not separated by a distance greater than two (2) feet . 9765 . 1. 5 . "V" SIGNS . For the purpose of this article , the sign commonly known as a "V" sign, which contains message ma- terial intended to be read by the public on more than one plane surface, shall be deemed to be such number of signs as it con- tains plane surfaces displaying message material intended to be read by the public . A sign containing two (2) parallel surfaces supported by common structural members shall be considered one sign. 9765 . 2 . DESIGN 9765 . 2 . 1 . GENERAL. All bracing systems shall be de- signed and constructed to transfer lateral forces to the foun- dations . For signs on buildings , the dead and lateral loads shall be transmitted through the structural frame of the build- ing to the ground in such manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed two-thirds (2/3 ) of the dead-load-resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load-resisting moment . 9765 . 2 . 2 . WIND LOADS . Signs , sign structures or ad- vertising devices shall be designed and constructed to resist wind forces as specified in Chapter 23 of the 1967 edition of the Uniform Building Code, and any subsequent amendments thereto . 9765 . 2 . 3 . SEISMIC LOADS . Signs, sign structures and advertising devices shall be designed and constructed to resist seismic forces as specified in Chapter 23 of the 1967 edition of the Uniform Building Code, and any subsequent amendments thereto . 9765 . 2 . 4 . COMBINED LOADS . Wind and seismic loads need not be combined in the design of signs , sign structures or ad- vertising devices . Only that loading which provides the larger stresses need be used. Vertical design loads , except roof live loads , shall be assumed to be acting simultaneously with the wind or seismic loads . 9765 . 2 . 5 . ALLOWABLE STRESSES . The design of wood, con- 37 . d Crete or steel members shall conform to the requirements of Chapters 25, 26 and 27 of the 1967 edition of the Uniform Building Code, and any subsequent amendments thereto. Loads , both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 28 of the 1967 edition of the Uniform Building Code, and any subsequent amendments thereto . The working stresses of wire rope and its fastenings shall not exceed twenty-five percent (25%) of the ultimate strength . of the rope or fasteners . Working stresses for wind or seismic loads combined with dead loads may be increased as specified in Chapter 23 of the Uniform Building Code and any subsequent amend- ments thereto . 9765 . 3 . CONSTRUCTION 9765 . 3 . 1. GENERAL. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built and erected in conformance with the require- ments of this article . 9765 . 3 . 2 . MATERIALS . Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the 1967 edition of the Uniform Build- ing Code, and any subsequent amendments thereto . In all signs and sign structures the materials and details of construction shall, in the absence of specified requirements , conform to the following specifications : (a) Structural steel shall be of such quality as to con- form to Uniform Building Code Standard No . 27-1-67, and any subsequent amendments thereto . Secondary members in contact with, or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel, as specified in Uniform Building Code Standards Nos . 27-9-67 and 27-10-67, and any subsequent amendments thereto, and in addition, shall be galvanized. Secondary members , when formed integrally with the display surface , shall not be less than No . 24 gauge in thickness . When not formed integrally with the display surface , the minimum thickness of the secondary members shall be No . 12 gauge . The minimum thickness of hot-rolled steel members , fur- nishing structural support for signs , shall be one-fourth (1/4 ) inch except that if galvanized, such members shall be not less than one-eighth (1/8) inch thick. Steel pipes shall be of such quality as to conform with Uniform Building Code Standard No . 27-1-67, and any subsequent amendments thereto . Steel members 38 • may be connected with one (1) galvanized bolt provided the con- nection is adequate to transfer the stresses in the members . (b ) Anchors and supports when made of wood and embedded in the soil, or within six (6) inches of the soil, shall be of all heartwood of durable species , or shall be pressure treated with an approved preservative . Such members shall be marked or branded by an approved agency . 9765 . 3 . 3 • RESTRICTIONS ON COMBUSTIBLE MATERIALS . All signs and sign structures erected in Fire Zone No . 1 shall have structural members of incombustible materials . 9765 . 3 . 3 . 1. MATERIALS FOR GROUND SIGNS . Ground signs may be constructed of any material meeting the requirements of this code, except as provided above . 9765 . 3 . 3 . 2 . NONCOMBUSTIBLE MATERIALS REQUIRED. Pole signs , combination signs, roof signs , wall signs , projectin g signs and signs on marquees shall be constructed of incombustible materials , except as provided in Section 9765 . 3 . 4 . No combustible materials other than approved plastics shall be used in the construction of electric signs . 9765 . 3. 4 . NONSTRUCTURAL TRIM. Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics , or any combination thereof. 9765 . 3 . 5 • ANCHORAGE. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not ex- ceed the safe values . Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe-bearing loads on the soil, and for an effective resistance to pull-out amounting to a force twenty-five percent (25%) greater than the required resistance to overturning. 9765 . 3 . 5. 1. ANCHORAGE OF PORTABLE GROUND SIGNS . Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in Chapter 23 of the 1967 edition of the Uniform Building Code , and any subsequent amendments thereto . 9765 . 3 . 5 . 2 . ANCHORAGE OF SIGNS ON MASONRY, CONCRETE OR STEEL. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors , bolts or approved expansion screws of sufficient size and anchor- age to support the loads applied safely . 39 . 9765 . 3 . 5 . 3 . WOODEN BLOCKS OR PLUGS PROHIBITED . No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. 9765 . 3 . 5 . 4 . SIGNS ON PARAPET WALLS . No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall unless such wall is designed in accordance with the requirements for parapet walls specified in Section 2314 of the 1967 edition of the Uniform Building Code, and any subsequent amendments thereto. 9765 . 3 .6 . DISPLAY SURFACES . Display surfaces in all types of signs may be made of metal, glass or approved plastics . (a) Glass thickness and area limitations shall be as set forth in Table A. (b ) Sections of approved plastics on wall signs shall not exceed one hundred fifty (150) square feet in area. (1) In Fire Zone No . 3, the area may be increased by fifty percent (50%) . (2 ) Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the Director. (c) Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6 ) feet vertically by the required exterior wall construction. Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the Director. TABLE A SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS MAXIMUM SIZE OF EXPOSED MINIMUM TYPE OF GLASS GLASS PANEL THICKNESS OF GLASS ANY DIMENSION AREA (in inches ) (in inches ) (in square inches ) 30 500 1/8 Plain, plate or wired 45 700 3/16 Plain, plate or wired 144 3600 1/4 Plain, plate or wired Over 144 Over 3600 1/4 Wired glass 40 . 9765 . 3 . 7 . APPROVED PLASTICS . The Director shall re- quire that sufficient technical data be submitted to sub- stantiate the proposed use of any plastic material, and if it is determined that the evidence submitted is satisfactory for the uses intended, he may approve its use . 9765 . 4 . CLEARANCE OF HIGH-VOLTAGE POWER LINES . Signs shall be located not less than six (6 ) feet horizontally, or twelve (12 ) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts . The term "overhead conductors" as used in this section, means electrical conductors , either bare or insulated, above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 9765 . 4 . 1 . CLEARANCE FROM FIRE ESCAPES, EXITS OR STAND- PIPES . No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will inter- fere in any way with the free use of any fire escape, exit or standpipe . 9765 . 4 . 2 . OBSTRUCTION OF OPENINGS . No sign shall ob- struct any opening to such an extent that light or ventilation is reduced to a point below that required by the Uniform Build- ing Code . Signs erected within five (5 ) feet of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or approved plastics . 9765 . 4 . 3 . PROJECTION OVER ALLEYS . No sign or sign structure shall project into any public alley below a height of fourteen (14 ) feet above grade , nor project more than twelve (12 ) inches where the sign structure is located fourteen (14 ) feet to sixteen (16) feet above grade . 9765 . 5 . POLE SIGNS . GENERAL REQUIREMENTS . Pole signs shall be constructed of incombustible material except as otherwise provided in this section. 9765 . 5 . 1 . DESIGN GENERALLY. All supports of pole signs shall be placed upon private property and shall be se- curely built , constructed and erected to conform with require- ments specified in Section 9765 . 6 et seq . and Section 9765 . 7 et seq. 9765 . 5 . 2 . PROJECTION AND CLEARANCE. Projection of pole signs shall conform to the requirements of this section. However, a minimum ground clearance of ten (10) feet shall be provided within the front yard setback. 9765 . 6 . WALL SIGNS GENERALLY. Wall signs shall be constructed of incombustible material except as otherwise provided. 41. g765 . 6 . 1. PROJECTION. No wall sign shall have a pro- jection over public property or beyond a legal setback line greater than the distances set forth in Table B, nor shall ex- tend above any adjacent parapet or roof of the supporting build- ing. No sign or sign structure shall project into a public alley below a height of fourteen (14 ) feet above grade, nor more than six (6) inches when over fourteen (14 ) feet . The thickness of that portion of a wall sign which projects over public property or a legal setback line shall not exceed the maximum as set forth in Table C . 9765 . 7 . PROJECTING SIGNS GENERALLY. Projecting signs shall be constructed of incombustible materials except as other- wise provided in this article . 9765 . 7 . 1. PROJECTION. Signs may project over public property or a legal setback line a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in Table B. (a) No sign shall project within two (2) feet of the curb line . (b ) No sign or sign structure shall project into a public alley below a height of fourteen (14 ) feet above grade, nor more than six (6) inches when over fourteen (14 ) feet . (c) Projecting signs may project over public property or beyond a legal setback line , as set forth in Table B. 9765 . 7 . 2 . THICKNESS OF PROJECTING SIGN . The thickness of a projecting sign exclusive of letters and trim shall not ex- tend that set forth in Table C . TABLE B PROJECTION OF SIGNS Clearance Maximum Projection Less than eight feet Not permitted Eight feet One foot Eight feet to sixteen feet One foot plus six inches for each foot of clearance in excess of eight feet Over sixteen feet Five feet 42 . TABLE C THICKNESS OF PROJECTING SIGN Projection Maximum Thickness 5 ' 2 ' 4 ' 2 , 6" 3 ' 3 ' 2 ' 31611 11 41 9765 . 8. ROOF SIGNS GENERALLY. Roof signs shall be constructed of incombustible materials except as otherwise specified. 9765 . 8 . 1. PROJECTION OF ROOF SIGNS . Roof signs may project over public property or beyond a legal setback line pro- vided such projection complies with requirement specified in Section 9765 . 7 . 1. 9765 . 8 . 2. ROOF SIGNS . CLEARANCE AND ACCESS . At parapet or roof level, a passage clear of all obstructions shall be left under, around and immediately adjacent to all signs exceeding a height of four (4) feet . There shall be one such passage or access opening as follows : (a) For each roof sign upon a building. (b ) An access opening for every fifty (50) lineal feet of horizontal roof sign extension. (c) Within twenty (20) feet of walls and parapets when roof signs are at right angles to a face of the building. 9765 . 9 . MARQUEE SIGNS GENERALLY . Signs may be placed on, attached to or constructed on a marquee . Such signs shall, for the purpose of determining projection, clearance , height and material, be considered a part of and shall meet the requirements specified for a marquee set out in Chapter 45 of the 1967 edition of the Uniform Building Code , and any subsequent amendments thereto . However, such signs shall not project higher than two (2) feet above the face of such marquee . 9765 . 10 . ELECTRIC SIGNS GENERALLY. Electric signs shall be constructed of incombustible materials except as otherwise pro- vided in this article . 43 . The enclosed shell of electric signs shall be watertight except that service holes fitted with covers shall be provided into each compartment of such signs . 9765 . 10 . 1. ELECTRIC SIGN INSTALLATION. Electric equip- ment used in connection with display signs shall be installed in accordance with the National Code or the state electrical safety orders , whichever is applicable . 9765 . 10 . 2 . CONTRACTOR' S NAME ON ELECTRIC SIGN . Every electric sign projecting over any street or alley or public place shall have painted on the surface of the sign the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be readable from a reason- able distance . 9765 . 10 . 3 . ELECTRIC SIGN. UNDERWRITER'S APPROVAL. Every electric sign shall have affixed to its surface the under- writer' s label . 9765 . 11 . GROUND SIGNS GENERALLY . Ground signs may be constructed of any material meeting the requirements of this article except as otherwise provided herein. 9765 . 11 . 1. GROUND SIGNS . PROJECTION OF . Ground signs shall not project over public property or beyond a legal setback. 9765 . 11. 2. GROUND SIGNS . FIRE RESTRICTIONS . Ground signs may have display surfaces of combustible materials except in Fire Zone No. 1 . 9765 . 12 . COMBINATION SIGNS GENERALLY. Combination signs shall be constructed of incombustible materials except as specified in this article . The individual requirements of roof, projecting and pole signs shall be applied to combination signs incorporating any or all of the requirements specified in this article . 9765 . 12 . 1. COMBINATION SIGNS . PROJECTION AND CLEARANCE. (a) Projection. Combination signs may project over public property or beyond a legal setback line as specified in Section 9765 . 7 . 1. (b ) Thickness . The thickness of that portion of a com- bination sign which projects over public property shall not ex- ceed the maximum as specified in Section 9765 . 7 . 1 . 9765 . 13 . BOARD OF APPEALS . APPEAL OF DESIGN AND CON- STRUCTION REQUIREMENTS . Any decision by the Director regarding 44 . the design or construction of any sign, pursuant to Section 9765 of this article, and its subsections , may be appealed to the Board of Appeals under the procedure set out in the Uniform Build- ing Code, all other appeals made under this article shall be made pursuant to Section 9761. 16 of this article and its subsections . 9766 . MISCELLANEOUS PROVISIONS 9766 . 1. UNSIGHTLY CONDITION PROHIBITED . No person, or persons , erecting, constructing, owning, controlling or maintain- ing any sign, sign structure or advertising device within this city shall fail, refuse or neglect to remove, or cause to be re- moved, any weeds , rubbish or any inflammable waste or material from the base of any such sign, sign structure or advertising device . 9766 . 2 . IMPROPER DISPLAY. No person shall exhibit , post or display, or cause or permit to be exhibited, posted or displayed, any representation or depiction of any immoral or unlawful act , suggestion, business or purpose . 9766 . 3 . PENALTY. Any person or persons violating any of the provisions of this chapter shall be guilty of a misde- meanor. Each person, or persons , shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Upon conviction of any such violation, such person, or persons , shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than six (6) months , or by both such fine and im- prisonment . 9766 . 3 . 1. In addition to the penalties hereinabove pro- vided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be, by this city, summarily abated as such . 9766 . 4 . SEVERABILITY. If any section, subsection, sub- division, paragraph, sentence , clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining por- tions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsec- tion, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections , subsec- tions , subdivisions , paragraphs , sentences , clauses or phrases be declared unconstitutional . 9811 . 7 . The Board may hear applications for sign per- mits pursuant to Article 976 . 45 . SECTION 4 . The provisions of these sections insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 5 . All ordinances and parts of ordinances in con- flict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecu- tion and punishment of any person, firm or corporation, for any act done or committed prior to the effective date hereof, in violation of the ordinance, or ordinances , which is repealed hereby . SECTION 6 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of July, 1969 . U' v- Mayor ATTEST: City erk APPROVED AS TO FORM: City Attorney 46 . Ord. No. 1504 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and- ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of June 19 69 , and was again read to said City Council at a regular meeting thereof held on the 7th day of July , 1969 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Kaufman, Matney, Coen, Green NOES: Councilmen: McCracken ABSENT: Councilmen: Shipley City Clerk and -officio Clerk of the City Council of the City i, PAUL C. JONES, CITY CLERK df the CRY of of Huntington Beach, California Huntington- Warh and ex-effich Clerk of the City Council, do hereby Certify that this ordinance has been pub►' Iced in t F{untiagton Beach News en 19___, In a nce M a City arter of said City. city • - • - �mty