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HomeMy WebLinkAboutOrdinance #2155 ORDINANCE NO. 2155 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 976, AND ADDING THERETO NEW ARTICLE 976 ENTITLED, "HUNTINGTON BEACH SIGN CODE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Article 976 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 976, entitled, "Huntington Beach Sign Code, " to read as follows : 9760. PURPOSE. The purpose of this article is to reduce obstructions and provide minimum standards to safeguard life, health, property and public welfare by regulating existing and proposed signs of all types in the city of Huntington Beach. Also, the purpose of this article is to formulate specific standards and criteria pertaining to signs which will aid in the identification of properties, land uses, and enterprises, and to do so in such fashion that high standards for the visual environment within all areas of the city are developed and maintained. 9760 .1 DEFINITIONS. The following words and phrases, whenever used in this article shall be construed as defined in this section unless from the context a different meaning is in- tended: (1) Activity shall mean a business establishment with direct access to a street, parking lot or public right of way and under separate management from any other business establish- ment within the same building. (2) Alteration shall mean a change in size, shape, position, location, construction or supporting structure of any sign. (3) Attached Signs shall mean any sign which is permanently affixed to a building. - JOC:er 1 . (4) Board shall mean City of Huntington Beach Board of Zoning Adjustments . (5) Building front shall mean the width of the main frontage of a business activity. (6) Canopy Sign shall mean any sign attached to the under- side or constructed upon a projecting canopy protruding over a private sidewalk or private right-of-way. (7) Changeable Copy Sign shall mean any sign designed and intended to have an easily and readily changeable copy, such as an attraction board. (8) Commercial Center shall mean any site containing three (3) or more commercial activities. (9) Construction Sign shall mean a sign stating the name of the future site occupant and may include the name, address and telephone number of businesses directly related to the con- struction project . Said sign shall not exceed a height of eight (8) feet nor an area of thirty-two (32 ) square feet . (10) Director shall mean the Director of Building and Com- munity Development of the City of Huntington Beach, or his duly authorized representative. (11) Exterior Illumination shall mean a light cast on the surface of a sign from an exterior source . (12) Freestanding Sign shall mean any sign of which the primary structural support is not a building and which is perma- nently anchored or attached on the ground . (13) Grade shall mean the level of the public sidewalk or street curb closest to the sign. (14) Ground level shall mean the highest elevation of the existing ground surface under a sign. (15) HeiRht of Signs shall mean the vertical distance measured from average ground level along the base of the sign structure to the highest point of the sign structure . (16) Industrial Center shall mean any site containing three (3 ) or more industrial activities. (17) Land Development Project shall mean any industrial, commercial, or residential development containing five (5) or more parcels or dwelling units which are proposed for construc- tion. 2. (18) Nameplate Sign shall mean a sign, which designates the name and/or address of a business, and/or the words "entrance" or "exit" to the building it identifies. (19) Nonconforming Sign shall mean a sign which complied with the laws or ordinance at the time it was installed but which is in conflict with the provisions of this article. (20) Open House Sign shall mean any sign which identi- fies a building or activity for sale or for lease and open for inspection. (21) Portable Sign shall mean any sign which can be moved from place to place which is not permanently affixed to the ground or to a building. (22 ) _Projecting Sign shall mean any sign, other than a wall sign, which projects from and is supported by the wall of a building. (23) Real Estate Sign shall mean a temporary sign indi- cating that the premises on which the sign is located are for sale, lease or rent . (24) Sign shall mean any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention. (25) Sign Copy shall mean any words, letters, numbers, .Figures, designs, or other symbolic representation incorporated into a sign for the purpose of attracting attention. (26) Sign Structure shall mean any structure which sup- ports any sign. (27) Site shall mean one or more parcels of land identi- fied by the assessor's records . Provided further, where an integrated building development has been approved or has been prop©sed, the site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels serviced by common accessways, driveways, parking, landscaping, etc . (28) Subdivision Directional Sign shall mean any sign intended to direct people to a land development project . (29 ) Temporary Sign shall mean any sign constructed of pliable or light materials such as cloth, with or without frames, that is intended to be displayed for a limited period of time other than inside a building. 3 . (30) Wall Sign shall mean any sign which is attached or erected on the exterior wall of a building including the parapet with the exposed face of the sign parallel to said wall, and which does not project more than eighteen (18) inches from the building and provided further that any wall sign shall not project above such wall or parapet . 9760. 2 AUTHORITY. The Director of Building and Community Development is authorized and directed to enforce the provisions of this article. 9760 . 3 APPLICATION OF ARTICLE. Building permits are required for all signs, except where expressly exempt, and shall be obtained from the Department of Building and Community Development in accordance with the provisions and in the manner specified in the Huntingtin Beach Building Code. A certified copy of plans indicating all signing, both existing and proposed shall be submitted when required by the Department of Building and Community Development . 9760 .4 SIGNS PERMITTED. C1 DISTRICT. The following signs or sign structures shall be permitted in the C1 District : (a) Freestanding (b) Canopy (c ) Projecting (d) Wall (e) Nameplate (f) Real estate (g) Construction 9760 . 5 SIGNS PERMITTED. C2, C3, C4 and R5 DISTRICTS . The following signs or sign structures shall be permitted in C2, C3, C4 and R5 Districts : (a) Freestanding (b) Canopy (c ) Projecting (d) Wall (e) Nameplate (f) Building identification (g) Real estate (h) Construction 9760. 6. Cl DISTRICT. FREESTANDING SIGNS. One (1) freestanding sign per site shall be permitted within the Cl District subject to the following provisions : (a) Such sign shall be placed within a landscaped planter; no portion of the sign shall extend beyond the perimeters of said planter. 4 . (b ) Sign Area. One (1) square foot of sign area shall be permitted for each lineal foot of site frontage with a maximum permitted area of sixty (60) square feet . (c ) Sign Height . Such sign shall not exceed a height of ten (10 ) feet . 9760 . 7. C2, C3, C4 and R5 DISTRICTS. FREESTANDING SIGNS. One freestanding sign per site per street frontage shall be permitted in C2, C3, C4 and C5 Districts subject to the following provisions : (a) Such sign shall be placed within a landscaped planter; no portion of the sign shall extend beyond the perimeters of said planter. (b ) Sign Height and Area. Sign height and area shall be subject to the following provisions : Setback from Ultimate Right-of-Way to Nearest Maximum Maximum Portion of Sign Sign Height Sign Area (1) 0' - 12 ' 20 ' 1 square foot of sign area for each lineal foot of site frontage with a maxi- mum of one hundred (100) square feet . (2) 13 ' - 20 ' 20' 1 square foot of sign area for each lineal foot of site frontage with a maxi- mum 150 square feet . (3) 21 ' + 25' 1 square foot of sign area for each lineal foot of site frontage with a maxi- mum of two hundred (200 ) square feet. (c) Exception. Sites in the C2, C3, C4, and R5 Districts with a minimum of seven hundred (700) feet of street frontage on any single street may be permitted an additional freestanding sign for every six hundred (600) feet of street frontage in excess of the minimum seven hundred (700) feet, provided further that the minimum distance between such signs shall be six hundred (600) feet . 9760 . 8. Cl, C2, C3, C4 and R5 DISTRICTS. ATTACHED SIGNS. Signs which are attached to a building shall be permitted subject to the following provisions and provided further that the total combined area of all such signs shall not exceed the following maximum sign area: 5. District Maximum Permitted Sign Area R5, Cl 10 percent (10%) of the area of the wall of the building front . C2, C3, C4 20 percent (20%) of the area of the wall of the building front . In no case may any activity utilize more than three hundred (300) square feet of total sign area for attached signs regardless of building front area. (Total sign area is the combined sign area for all types of attached signs. ) 976o .g . PROJECTING SIGNS. Projecting signs which are attached to a building shall be subject to the following pro- visions : (a) Projecting signs shall not exceed eight (8) square feet per sign face in area. (b) Such signs shall not project more than four (4) feet from the surface of the structure to which it is attached, or extend beyond the lowest portion of the roof. (c ) Projecting signs must be attached in a vertical manner, with the sign face perpendicular to the building face. (d) There shall be no more than one (1) such sign permitted for each activity. 9760.10 . WALL SIGNS. Wall signs attached to a building shall be subject to the following provisions : (a) Each separate business shall be permitted 1.5 square feet of wall sign area for each lineal foot of that business ' building front . (b) Wall signs shall not exceed two hundred (200) square feet per wall; however, in no case shall the permitted wall sign be restricted to less than thirty-five (35) square feet per wall. (c) Where a business or establishment has building frontage facing a public street , alley, or on-site parking area, said business or establishment shall be allowed one (1) nameplate not to exceed six (6) square feet on each door, loading dock, or other such entranceway facing said public street, alley or on-site parking area. (d) Wall signs may project a maximum of eighteen (18) inches from the building to which they are attached. 9760 .11. BUILDING IDENTIFICATION SIGNS. Buildings exceeding one hundred (100) feet in height shall be per- 6 r mitted one (1) building identification sign per street frontage provided that the area of any such sign does not exceed two (2) percent of the area of the wall to which the sign is attached. The area of building identification signs shall be included as a part of the maximum permitted sign area as defined in Section 9760. 8 . Said sign shall be attached to the building it identifies and shall be placed within the top twenty-five (25) feet of the building. 9760. 12. INDUSTRIAL DISTRICTS. SIGNS PERMITTED. The following signs shall be permitted in the industrial districts : (a) Freestanding (b) Wall (c) Nameplate (d) Real estate (e) Construction. 9760.13 . INDUSTRIAL DISTRICTS. FREESTANDING SIGNS . One (1) freestanding sign per site shall be permitted. Said sign shall not exceed eight (8) feet in height, or an area of thirty-two (32) square feet . EXCEPTION: A freestanding sign for an industrial center that is more than one (1) acre in size, shall be permitted subject to the following provisions : Maximum Area Maximum Site Area Maximum Height Per Sign Number of Signs More than one (1) acre: 10 feet 60 square feet One (1) per site 9760.14. INDUSTRIAL DISTRICTS. WALL SIGNS. Wall signs shall be permitted subject to the following provisions : (a) Each separate business shall be permitted one (1) square foot of wall sign area for each lineal foot of that busi- ness ' building front . (b) Wall signs shall not exceed two hundred (200) square feet per wall; however, in no case shall the permitted wall sign be restricted to less than thirty-five (35) square feet per wall. (c) Where a business or establishment has building frontage facing a public street, public alley, on-site parking area, or accessway, said business or establishment shall be allowed one (1) nameplate not to exceed six (6) square feet on each door, loading dock, or other such entranceway, facing said public street, public alley, on-site parking area, or accessway. 7• (d) Wall signs may project eighteen (18) inches from the building to which they are attached . 9760 .15 . RESIDENTIAL DISTRICTS. SIGNS PERMITTED. The following signs or sign structures shall be permitted within a residential district : (a) Freestanding (b) Wall (c ) Real estate (d) Construction 9760 . 15.1 . RESIDENTIAL DISTRICTS. NEIGHBORHOOD IDENTI- FICATION SIGNS. Signs which identify residential neighborhoods shall be affixed to a wall or placed within a landscaped area as a freestanding sign at the entrance street or streets . Signs which identify multifamily residential developments shall be placed in a landscaped area as a freestanding sign at the main entrance to the complex or as a wall sign affixed to the verti- cal surface of the building. Said sign and sign structure shall be subject to the following provisions: (a) Sign Height : Said sign or sign structure shall not exceed six feet in height . (b) Sign Area . Signs shall be limited to one (1) square foot of area per dwelling unit within said development up to a maximum of fifty (50) square feet . (c ) Letter Height . Signs within residential developments which are affixed to masonry walls or the surface of buildings shall consist of letters not to exceed eighteen (18) inches in height and shall be affixed parallel to said wall or building surface. 9760.16. MISCELLANEOUS SIGNS. TEMPORARY SIGNS. Tem- porary signs may be permitted in the office-professional, com- mercial or industrial districts if the purpose of such signs is to indicate a special event . Said signs shall be subject to approval by the Board of Zoning Adjustments . 9760.17. MISCELLANEOUS SIGNS. SUBDIVISION DIRECTIONAL SIGNS. Permits issued for subdivision 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 use, whichever is sooner. Renewals of sub- division directional signs may be granted upon application for a sign permit and for such time as units still exist for sale, said time not to exceed one (1) year . 8 . 9760.17. 1. SUBDIVISION DIRECTIONAL SIGNS . CONTENTS. Sub- division directional signs shall provide direction to a land development project existing in the city of Huntington Beach only, and shall contain only the name of the development , developer, directional information, and price information. 9760 .17. 2. SUBDIVISION DIRECTIONAL SIGNS. SIZE OF. The size of the sign face for subdivision directional signs shall not exceed ten (10) feet in horizontal length nor more than ten (10) feet in vertical height, and shall not exceed a total area of one hundred (100) square feet . 9760 .17. 3 . SUBDIVISION DIRECTIONAL SIGNS. HEIGHT OF. The maximum height of subdivision directional signs shall not ex- ceed twenty (20) feet measured from the horizontal elevation of the street curb or average ground level beneath the sign which- ever is higher to the topmost portion of the sign. 9760 .17. 4 . SUBDIVISION DIRECTIONAL SIGNS. LOCATION. The following regulations shall apply to the location of subdivision directional signs : (a) Such signs shall not be located within the right-of- way of any highway or street . (b) Such signs are not permitted on any property zoned residential except on-site signs of the model home and sales complex for which it is intended. (c) All signs shall set back two hundred (200) feet from any developed property other than that property which contains the dwellings which are a part of a model home and sales com- plex for which the sign is intended. 9760 .17. 5. SUBDIVISION DIRECTIONAL SIGNS. DISTANCE BETWEEN SIGNS. The distance between subdivision directional signs lo- cated on the same side of the street shall be a minimum of six hundred (600) feet, except when at the intersection of arterial highways, in which case a sign facing each street may be placed at each intersection. 9760 .17. 6. SUBDIVISION DIRECTIONAL SIGNS. REMOVAL FOR STREET WIDENING. Any subdivision 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 the expense to any public agency, when it conflicts with any street or highway widening or construction. Written notices shall be mailed 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 the public agency requires such removal. A copy of said written notice shall be filed with the Director of Building and Community Development con- currently with notification of said person and said owner . 9e 9760 .17. 7. SUBDIVISION DIRECTIONAL SIGNS. SCREENING. All signs shall be double faced and boxed in one the side to screen structural members of the display surface from view. 976o.17. 8 . SUBDIVISION DIRECTIONAL SIGNS. EXISTING NON- CONFORMING. Notwithstanding other provisions of this article, any subdivision directional sign lawfully existing pursuant to a sign permit and made nonconforming by any provision of this article, shall be removed upon expiration of its permit, or within one (1) year from the effective date of this article, whichever first occurs, and shall not be granted a renewal permit unless made conforming. 976o.17. 9. SUBDIVISION DIRECTIONAL SIGNS. BOND REQUIRED. Any person filing an application for a permit for a subdivision directional sign shall file a cash bond in the amount of Three hundred dollars ($300) with the Director of Building and Community Development for the purpose of indemnifying the city for any and all costs incurred in the removal of such sign or sign structure. If the sign or sign structure is not removed within fifteen (15) 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 or sign struc- tures 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 depos- iting said bond. If said sign or sign structure is removed and the site restored to its original condition within such fifteen (15) day period. then the full amount of the bond shall be refunded to the person who posted the bond. 976o .18. REAL ESTATE SIGNS PERMITTED IN Rl, R2, R3 and R4 Districts . One (1.) real estate sign shall be permitted on each parcel of land abutting a public private street subject to the following requirements : (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 twenty (20) square feet . (b) The width to the height and/or the height to the width of the sign shall not exceed a ratio of two to one . 976o .19. REAL ESTATE SIGNS PERMITTED IN OFFICE-PROFESSIONAL DISTRICT. One (1) real estate sign shall be permitted on each parcel of land abutting a public or private street subject to the following requirements : (a) One (1) square foot of sign area shall be permitted for each five (5) feet of street frontage on the abutting 10. street . However, the minimum sign area need not be less than ten (10) square feet nor shall it exceed fifty (50 ) square feet . (b) The width to the height or the height to the width of the sign shall not exceed a ratio of two to one. 9760 . 20. REAL ESTATE SIGNS PERMITTED IN COMMERCIAL OR INDUSTRIAL DISTRICTS. Notwithstanding the other provisions contained in the Huntington Beach Ordinance Code, one (1) real estate sign in commercial or industrial districts shall be per- mitted on each street abutting the parcel of land subject to the following requirements : (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 width to the height or the height to the width of the sign shall not exceed a ratio of two to one. 9760 . 21. REAL ESTATE SIGNS PERMITTED IN ALL OTHER DIS- TRICTS. One (1) real estate sign in miscellaneous districts, other than those set out hereinafter, shall be permitted for each street abutting the parcel of land subject to the follow- ing requirements : (a) One (1) square foot of sign area shall be permitted 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, and shall not be greater than thirty-two (32) square feet . (b) The width to the height or the height to the width of the sign shall not exceed a ratio of two to one. 9760. 22. . OPEN HOUSE SIGNS AND REAL ESTATE FLAGS . Signs advertising "open house," "open for inspection, " or similar signs, and flags are permitted subject to the following re- quirements : (a) The size of each sign shall not exceed six (6) square feet in area and shall be limited to one such sign per site . (b) A maximum of three (3) flags, not to exceed two and a half (2-1/2) square feet per flag, may be used on the site being offered for sale or for lease . (c ) Such signs and flags may be displayed only during daylight hours and when the property is open for inspection. 11 . (d) Street medians or dividers shall not be used for placement of such signs or flags , nor shall any portion of the grounds or rights-of-way of parks , libraries , or public buildings be set aside for such use. Open house signs may only be placed at the immediate points of access to residen- tial subdivisions . Tree wells and parkways that have received special surface treatment (such as reliable rock, asphalt , concrete , etc. ) may not be used for the placement of such signs . 9760. 23. PLACEMENT OF REAL ESTATE SIGNS. Real estate signs , open house signs , and flags shall not be attached onto perimeter walls of residential communities or extend over such walls , nor shall the placement of such signs create any sight obstruction or safety hazard for traffic or pedestrians . 9760. 24. REMOVAL OF REAL ESTATE SIGNS. All real estate signs shall be removed immediately after said land or structure is sold, leased, or rented, or immediately after the intended use has commenced. "Sold" is defined as being at the close of escrow. 975 60 . 2 . VACANCY SIGN. Multiple-family developments under one ownership may display one (1) vacancy sign per street frontage during which time a vacancy exists. Said sign shall be limited to six (6) square feet in area, sign copy shall be limited to "vacancy," type of unit available, and source of inquiry . 9760. 26 . MISCELLANEOUS DISTRICTS. FREESTANDING SIGNS One (1) freestanding sign per site shall be permitted. Said sign shall not exceed ten (10) feet in height or an area of sixty (60) square feet . 9760 . 27. MISCELLANEOUS DISTRICTS. WALL SIGNS. Wall signs attached to a building are permitted subject to the following requirements : (a) Each separate business shall be permitted one and one- half (1 1/2) square feet of wall sign for each lineal foot of the building front with a maximum of two hundred (200) square feet . (b ) Wall signs shall not exceed one hundred (100 ) square feet per wall; however, in no case shall the permitted wall sign be restricted to less than thirty-five (35) square feet per wall. (c) Where a business or establishment has building front- age facing a public street, public alley, on-site parking area, or accessway, said business or establishment shall be allowed one (1) nameplate not to exceed six (6) square feet for each door, loading dock, or other such entranceway facing said public street , public alley , on-site parking area, or access- way. 12 . (d) Wall signs may project a maximum of eighteen (18 ) inches from the building to which they are attached. 9760 . 28. UNCLASSIFIED USES. All unclassified uses shall be subject to the sign regulations of the district in which they are located or pursuant to conditions attached to an application permitting such use . 9760 . 29. MISCELLANEOUS SIGNS AND ACTIVITIES PROHIBITED. The following miscellaneous signs and activities are prohibited: I (a) Use of Certain Attention-getting Devices No person or persons shall use or operate a loudspeaker, sound amplifier, stereopticon, or motion picture machine in connection with any sign or sign structure. (b ) Use of Live Models or Searchlights . No person or persons shall use live animals , human beings, or searchlights in connection with any sign or sign structure. (c ) Use of Flashing or Pulsating Parts . No person or persons shall display any sign which incorporates in any manner any flashing, moving, pulsating, or intermittent lighting, ex- cept public service signs such as time or temperature units unless approved as part of a planned sign program. d) Erection of Signs on Public Property erty or Public g p Rights-of-Way Prohibited. No person or persons shall erect, place or display, or cause any such act or acts to be done, any sign or sign structure in, under, on or over any public property or any public right-of-way, except as provided herein. The provisions of this subsection shall not prohibit the posting of any sign required by the laws of this State. (e) Obstruction by Signs . No person or persons shall place a signor sign structure in a manner that may confuse or obstruct the view or interpretation of any official traf- fic sign, signal, or safety device by vehicular or pedestrian traffic . (f) Exterior or Interior Illumination. Any exterior or interior illumination used in conjunction with a sign or sign structure shall be designed so that it does not directly pro- ject onto adjacent property in any residential district or onto a public thoroughfare. (R) Portable Signs . Portable signs shall be prohibited, including signs affixed to automobiles, trucks, trailers or other vehicles where such signs primarily solicit patronage to a specific business through parking such vehicles in the close proximity of the business during business hours for the purpose of specifically directing patronage to such business, and the use and practice in parking such vehicle with the affixed sign to achieve stationary signing. This section does not purport to regular customary advertising on vehicles in the flow of commerce. 13, 9760 .30. ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS. The following signs or sign activities are exempt from permit requirements : (a) Governmental signs, notices, or posters . (b) Real estate signs subject to the limitations provided by this article for each district . (c ) Trespassing signs having an area of four (4 ) square feet or less, posted no closer than one hundred (100 ) feet apart on private property. (d) Construction signs as defined by this article . 976o . 31. MULTIPLE OCCUPANCY. signs designed to identify several businesses shall have the sign area devoted to each busi- ness deducted from the permissible sign area for such business . 976o.32. SIGN PLACEMENT. Signs in the office-professional, commercial, and industrial districts shall set back twenty (20 ) feet from any interior property line, or shall set back one (1) foot for each two (2) square feet of sign area, whichever is the greater. However, this provision shall not prohibit the place- ment of a sign within the central ten (10) feet of frontage of any premises . 976o .33. COLOR THEME. Signs or sign structures shall reflect a common color for all signs on a parcel or for the use . 9760. 34 . SIGNS ON NONCONFORMING PROPERTY. Signs or sign structures 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 use is located or the sign requirements of the district where such use of property would be first permitted. 9760. 35. MAINTENANCE. All signs and sign structures, and the area below and immediately adjacent to such signs and sign structures shall be kept in good repair and in a proper state of preservation. 976o . 36 . SIGNS PROHIBITED. All signs not permitted shall be prohibited. 9760 . 37. COMPUTATION OF SIGN AREA. The permitted sign area shall be computed from the vertical exterior surface of the building front of the business, profession, or industry. 976o . 38. COMPUTATION OF AREA. SIGNS HAVING BORDERS OR FRAMES. The area within the outer perimeter of a sign having a border or frame shall be computed as sign area. 14 . 9760 . 39. COMPUTATION OF AREA, SIGNS NOT HAVING BORDERS OR FRAMES. For signs not having borders or frames, the sign area shall be the entire area within a single, continuous per- imeter of not more than eight (8) straight lines or a circle or ellipse enclosing the extreme limits of writing, emblems, ornaments or other sign media of similar character, together with any material or color forming an integral part of the dis- play or used to differentiate such sign from the background against which it is placed. 9760 . 40. COMPUTATION OF AREA. THREE-DIMENSIONAL SIGNS. The sign area of three-dimensional signs, such as cubes, pyramids, spheres, and other quadric surfaces , shall be com- puted from the largest cross section through such sign. 9760 . 41. COMPUTATION OF AREA. DOUBLE-FACED SIGNS. The sign area of double-faced signs shall be computed from the area of the largest face, provided the two (2) faces of the sign are parallel and are not separated by a distance greater than two (2) feet . 9760 . 42 . PLANNED SIGN PROGRAM. Signs may be authorized in commercial and industrial districts as a part of a planned sign program notwithstanding that such signs do not conform to all specific regulations of this article. The planned sign program is intended to encourage incentive and latitude in order to achieve coordination and good design of sign-related uses . It is not intended to circumvent any of the objectives of this article. 9760 .43. PLANNED SIGN PROGRAM CRITERIA. Approval by the Planning Director of a planned sign program shall be based on the following criteria: (a) The signing within a commercial or industrial center shall reflect a common theme and shall incorporate consistent design elements such as: sign materials, letter style, colors and number of colors, illumination, sign type, sign shape, etc . (b ) The signing in commercial and industrial centers shall utilize materials, colors, or design motif compatible with the architecture of the buildings they identify. (c ) The signing within a planned sign program shall be consistent with surrounding developments in terms of design, materials, colors, etc . (d) The approval shall not allow a greater sign area or height than that permitted by the regulations for the base district . 9760 .43 .1. APPEALS BY THE APPLICANT OR ANY INTERESTED PARTY TO THE PLANNING COMMISSION. The applicant or any interested party may appeal a decision or requirement of the Planning Director to the City Planning Commission. 15 . 9760 .43.1.1. TIME LIMIT. All appeals shall be made within ten (10) days following the Planning Director' s decision. 9760 . 43 . 1. 2. FORM AND CONTENT. Any appeal shall be in writing and said appeal shall specify the reasons for appeal of the decision or requirements of the Planning Director. 9760. 43.1.3. FILING PLACE AND NOTIFICATION. All appeals shall be filed in the Planning Department . The Secretary of the Planning Commission shall set the matter for a public hearing before the Planning Commission at the earliest possible meeting date. 976o . 43 . 1. 4. DECISION BY THE PLANNING COMMISSION. The Planning Commission may, after hearing, affirm, reverse or modify the Director's decision. Furthermore, the Planning Commission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this article . 976o . 43 . 2 . APPEALS BY APPLICATION OR INTERESTED PARTY TO THE CITY COUNCIL. The applicant or any interested party may appeal a decision or requirement of the Planning Director to the City Council. 976o .43 . 2 .1. TIME LIMIT. All appeals shall be made within ten (10) days following the Planning Commission's decision. 976o . 43 . 2 .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. 976o . 43. 2.3 . FILING PLACE AND NOTIFICATION. All appeals to the City Council shall be filed with the City Clerk. Upon 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. 976o .43. 2 . 4 . DECISION BY THE CITY COUNCIL. The City Council may, after hearing, affirm, reverse or modify the Planning Com- mission's decision. Furthermore, the City Council may make any additional determination or requirement it shall consider appro- priate within the limitations imposed by this article. The decision of the City Council shall be final. 976o .44 . EXCEPTIONS. The Planning Commission may grant a special sign permit providing for relief from the strict appli- cation of provisions of Article 976, subject to a finding by the Planning Commission that the following conditions exist : 1. (a) Strict compliance with Article 976 will result in a substantial economic hardship to the applicant; and (b) The proposed or existing sign would not adversely affect other signs in the area; and 16. (c ) The proposed or existing sign will not be detri- mental to the property located in the vicinity of such sign; and (d) The proposed or existing sign does not obstruct pedestrian or vehicular traffic vision. 2. Application Fee. Application for a special sign permit shall be filed with the Planning Department subject to a filing fee of $75. 00. 3 . Effective Date . Special sign permits shall become effective ten (10) days after approval by the Planning Commission, provided further that if an appeal is taken or a challenge is issued by the City Council, said permit shall not become effective until the final decision of the City Council. 4 . Sections 9842 through 9842. 6. 2 of Article 984 shall be applicable to special sign permits. 9760. 45. NONCONFORMING SIGNS. GENERAL PROVISIONS. The following provisions shall apply to nonconforming signs . A non- conforming sign may not be: (a) Changed to another nonconforming sign; (b) Structurally altered so as to extend its useful life unless altered so that it is made conforming; (c ) Expanded; or (d) Reestablished after damage or destruction of more than Fifty (50) percent of the value. 9760. 46. NONCONFORMING SIGN AMORTIZATION SCHEDULE. All existing signs made nonconforming by the provisions of this article shall be amortized and removed by the sign owner after a change in use has occurred and an amortization period has expired the length of which is based on the sign' s replacement value in accordance with the schedule below. The current construction costs of each sign at the time of adoption of this article shall be used for estimating replacement value of nonconforming signs . Replacement Value Time Period $500 or less Within twelve (12) months $501 to $1000 Within twenty-four (24) months $1001 to $3000 Within thirty-six (36) months For each $500 increment Six (6) months Maximum period Sixty (60) months 17, 9760 . 47 . APPLICATION TO EXTEND USE OF NONCONFORMING SIGN. Notwithstanding the provisions of Section 1760 . 45, the owner of any nonconforming sign or sign structure that is required to be removed, altered, or replaced pursuant to the provisions hereof, may make application on the form provided for such purpose 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 preceding the date set out in Section 9760 .46 for the alteration, removal, or replacement of said sign or sign structure. After a hearing, the Planning Commission may grant permission to extend the time for alteration, removal, or replacement of such sign or sign structure for a period de- termined by the Planning Commission. 9760 .48 . NONCONFORMING SIGNS. ACTION OF PLANNING COMMISSION. Before granting any extension under this section, the Planning Commission must find and determine the following: (a) That, because of unique circumstances applicable to the sign, alteration, removal, or replacement within the time specified in Section 9760. 46 will result in a substantial economic hardship, or that the applicant will suffer great financial 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 the vision of vehicular or pedestrian traffic . 9760. 49. PENALTY. Any person or persons violating any of the provisions of this article 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 article is committed 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 imprisonment . In addition to the penalties herein- above provided, an condition caused or p , y 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. 9760.50 . SEVERABILITY. If any section, subsection sub- division, paragraph, sentence, clause or phrase of this article 18 . r or any part thereof, and any amendments thereto, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article . The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, or any amendment thereto, irrespective of the fact that any one or more sections, subsections, subdivisions, para- graphs, sentences , clauses, or phrases be declared unconsti- tutional. SECTION 3. The provisions of this ordinance 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 4 . This ordinance shall take effect thirty days after its adoption, provided further that any commercial, indus- trial or residential development that has received a discre- tionary approval by the date of adoption of this ordinance, may have up to 120 days before the requirements of this ordinance are effective . The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days in the Huntington Beach News, a weekly 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 3rd day of January, 1977. T.E� : Mayor City Clerk REV ED AN APPROV APPROVED AS TO FORM: sS City Administrator City Attorney NIT TED ND APPROVE AS TO IO/NTENT: 19, Ord. No. 2155 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 20th day of December 19 76 , and was again read to said City Council at a regular meeting thereof held on the 3rd day of January , 1977 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, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntin-t-on Beach and ex-officio Clerk of the City COL ,.. ! d'_ hereby c �tify that this ordinance has ?peen ualished in the Huntington Beach News on • t - G lg- --- In a r ance with the City arter of said City. 0_RTH... - ---- -- ..City Clerk Deput ity Clerk