Fullerton City Zoning Code

   (A)   The purpose of this chapter is to regulate the size, height, design, quality of materials, construction, illumination, location and maintenance of all signs and sign structures in the city. The provisions of this chapter shall apply to all signs on private property either placed in the ground or installed or placed on the outside of a building or structure. These provisions shall also apply to a sign placed on the inside of a building or structure so as to be viewed from the outside.

   (B)   Any sign or sign structure erected, constructed or placed in violation of the provisions of this chapter shall be declared to be a public nuisance.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BANNER. A graphic on a pliable material that is hung on a building by a rope, cord, cable or other means as a non-permanent attachment.

   BILLBOARD. An outdoor advertising sign supported by posts or standards and braces set into the ground or attached to a building or other structure and containing advertising copy on the sign face not related to a use, structure or activity located on the same site.

   BUILDING SIGN. A sign permanently attached to or projecting from a building wall where no part of the sign face extends above the roofline or parapet of the building. A permanent building sign also includes a sign painted on the exterior wall of a building.

   DIRECTIONAL SIGN. A sign that provides information and direction for vehicular or pedestrian movement.

   DISPLAY FACE. The surface area of a sign available for the purpose of displaying an advertising message and does not include the structural supports or lighting.

   ELECTION/CAMPAIGN SIGN. A sign or placard related to the vote in a near-future election of candidates and/or issues.

   FLASHING SIGN. Any lighted sign that flashes, animates, scintillates, consists of “running lights,” or consists of illuminated changing information.

   FREEWAY-ORIENTED ELECTRONIC BILLBOARD. A billboard located within 200 feet of the SR-57 or SR-91 freeway right-of-way, which utilizes digital message technology on at least one display face, capable of changing the static message or copy on the sign electronically, such that the alphabetic, pictographic or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements can be changed or altered electronically. This includes billboards with displays that must be preprogrammed to display only certain types of information (i.e., time, date, temperature) and billboards whose informational content can be changed or altered by means of computer-driven electronic impulses. This includes, without limitation, billboards also known as digital billboards or LED billboards.

   FREEWAY SIGN. A freestanding, pole-type structure that is located on property so that it can be viewed from a freeway.

   IDENTIFICATION SIGN. A sign that identifies a facility, complex or a development on property with a residential zone classification.

   MARQUEE SIGN. A sign that is designed to allow for changeable copy or graphics, typically announcing an event, service or special feature.

   MOBILE BILLBOARDS. To the extent not in conflict with any provision of the Cal. Vehicle Code, any mobile billboard advertising display, as defined in Cal. Vehicle Code § 395.5, including any billboard installed upon, mounted, attached or applied to any vehicle, non-motorized vehicle, bicycle, scooter or trailer whose primary purpose is conveyance, transportation or support of the billboard message surface.

   MONUMENT SIGN. A freestanding sign directly supported by a foundation, planter or pedestal base affixed to the ground. A sign on a fence or a non-building wall is a type of MONUMENT SIGN.

   OFF-SUBDIVISION DIRECTIONAL SIGN. An off-site sign providing only directional information to a subdivision, the name of the development, developer or both, and the price range of the residential subdivision offered for sale.

   ON-SITE SUBDIVISION SIGN. A sign that is placed on the site of a subdivision and advertises the sale of property within the subdivision.

   POLE SIGN. A freestanding sign wholly supported by poles, columns or other upright that are affixed to the ground.

   PORTABLE SIGN. Any sign that is not permanently affixed to the ground or to a structure that can be moved from place to place on public or private property, that is placed in such a manner as to be conspicuous from a public highway and that solicits patronage to a specific business or group of businesses. PORTABLE SIGNS may include, but are not limited to, inflatable devises, balloons, kites, A-frames or similar structures displayed on the ground, on a building or any vehicle.

   PROJECTING SIGN. A sign installed so that it projects from and is perpendicular to a building wall.

   REAL ESTATE FOR SALE OR LEASE SIGN. A sign that advertises the real property upon which it is located is for sale, rent or lease.

   ROOF SIGN. A sign attached to the roof of a building or attached to the side or projecting through the roof of a building where more than 50% of the sign face extends above the roofline or parapet of the building. In the case of variable or irregular roof heights, the roofline shall be the minimum height under which half the building area is covered by roof.

   ROTATING SIGN. A sign that turns or revolves by mechanical or electrical means.

   SERVICE STATION SIGNS. All signs, graphics or other advertising devices associated with service stations, mini-markets or other businesses located on a site where service station activity or gasoline/motor fuel sales exist.

   SIGN. Any device which gives direction to, names or attracts attention to any real or personal property that is for rent or sale or any location where such renting or sale is conducted or any service is performed, or any representation, such as a picture, writing, emblem, pennant or other device which is in the nature of an announcement, statement, direction or advertisement.

   SIGN AREA. The entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem or any figure of similar character. Where a sign has two or more faces, the AREA of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than three feet from one another, the AREA OF THE SIGN shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

   SIGN PERMIT. A permit issued by the Community and Economic Development Department that allows the erection, installation or placement of a sign or sign structure on property in compliance with the design standards specified within this chapter.

   SIGN PROGRAM. A document submitted by a property owner of a commercial or industrial development having multi-tenant buildings, in which a set of specifications regulates the design and location of signs to identify the development and individual tenant spaces on the property.

   SIGN STRUCTURE. Any structure, device or part thereof used for the purpose of displaying or supporting signs.

   TEMPORARY SIGN. A sign painted on glass or placed on the inside of a building or structure so as to be viewed from the outside.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   Signs proposed within the Central Business District shall be governed by Table 15.49.020 and by §§ II.E and III.A of the “Fullerton CBD Standards for Private Improvements” as adopted by the City Council, whichever is the more restrictive.

   (B)   Signs proposed for a commercial or industrial property with multiple tenants shall be governed by Table 15.49.020 and by any sign program that has been submitted and approved by the Director of Community and Economic Development, whichever is the more restrictive.

   (C)   In all other cases Table 15.49.020 shall apply.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3287, passed - -2020)

   (A)   The following signs shall be exempt from the design standards specified within this chapter. A building permit may still be required for the construction, erection or relocation of the sign, depending on its size, height and whether it will be lighted:

      (1)   Name plates or occupational signs not exceeding two square feet in area, containing only the name and occupation or profession of the occupants of the premises on which the sign is displayed;

      (2)   Bulletin boards or identification signs not exceeding 35 square feet in area and not exceeding ten feet in height on the premises of public, charitable or religious institutions;

      (3)   A sign relating to or identifying construction projects, during the construction period;

      (4)   Memorial signs or tablets;

      (5)   Signs located inside a building, except where the sign is painted on an exterior window or door, or so placed as to be viewed primarily from outside a building;

      (6)   Traffic, governmental and public utility signs required or authorized by law;

      (7)   Legal notices;

      (8)   Railroad crossing signs; and

      (9)   A sign relating to or identifying a function sponsored by a public agency or nonprofit organization, provided that the sign is not installed any earlier than 30 days prior to the event and is removed within three days after the event.

   (B)   The Planning Commission shall have authority to grant a variance from the design standards specified within this chapter when, because of special circumstances, the compliance with said provisions would deprive the property owner or tenant of privileges commonly enjoyed by other properties in the same vicinity and zone. In order for the Planning Commission to grant a variance, the applicant must meet the requirements of state law pursuant to Chapter 15.68 of this title.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   Except as otherwise authorized by the City Council or applicable laws, no person shall place, erect, construct or relocate any sign or other similar device on public buildings or public property, or on, over or across any public street, sidewalk, crosswalk or curb, or upon any tree, or power, telephone or telegraph pole, or upon any fire alarm fixture, police telephone, street lighting installation or parking meter. The Director of Public Works may summarily remove any sign in violation of the provisions of this section.

   (B)   Notwithstanding the foregoing, those signs proposed on or over public rights-of-way within the Central Business District that meet all requirements of the city’s Central Business District design guidelines as adopted by the City Council, are permitted in accordance with the provisions thereof.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   The following signs shall be prohibited:

      (1)   Any sign that confuses traffic such as any advertising sign visible from any street that makes use of the words “Stop,” “Go,” “Look,” “Danger” and any sign that may momentarily or otherwise blind or substantially impair the vision of an operator of a motor vehicle upon any street or otherwise constitutes a traffic hazard;

      (2)   Any off-site advertising, including a billboard, or mobile billboard, except as provided herein for an off-site directional sign or a freeway- oriented electronic billboard pursuant to § 15.49.120;

      (3)   A rotating sign;

      (4)   A portable sign on any property, except A-frame signs within the Central Business District. A-frame signs located within the Central Business District shall conform to adopted design criteria and shall be permitted by a special sign encroachment permit; and

      (5)   Any inflatable device and sign designed to be flown, including balloons, strings of balloons, kites and aerial signs.

   (B)   A flashing sign shall be prohibited unless approved by a conditional use permit pursuant to Chapter 15.70 of this title.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   Signs that require a permit.

      (1)   No sign or sign structure, as defined in this chapter and not exempt there from, shall be erected, constructed or relocated unless a sign permit has been issued by the Director of Community and Economic Development, except that the following types of signs do not require a sign permit:

         (a)   A temporary sign intended to be displayed for a short period of time not to exceed 30 days in any six-month period that otherwise conforms to the provisions of this chapter;

         (b)   A sign painted on a wall, window or door of buildings;

         (c)   A change of copy to an existing sign structure already installed or erected;

         (d)   An on-site directional sign under six feet in height;

         (e)   A real estate for sale or lease sign; and

         (f)   An election/campaign sign.

      (2)   The installation, hanging or any placement of a banner, streamers or pennants on property, other than inside of a building, shall require the issuance of a sign permit.

   (B)   Issuance and expiration of sign permit.

      (1)   A fee shall be charged for the issuance of a sign permit as established by City Council resolution.

      (2)   It shall be the duty of the Director of Community and Economic Development or their designated representative, upon the filing of an application for a sign permit, to review the application, such plans, specifications and other information furnished by the applicant. If the applicant has complied with all of the provisions of this chapter and the proposed sign and sign structure are in compliance with all of the regulations, a sign permit shall be issued to the applicant.

      (3)   If no construction, erection, installation or relocation of the sign authorized by the permit has commenced within six months from the date of the issuance of the sign permit, the permit shall expire. This limitation shall be stated on the sign permit.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   No sign permit shall be issued for the construction, erection, installation or relocation of any pole or monument sign unless the owner of the property makes the request or unless written consent of the property owner is documented.

   (B)   A sign permit that is issued for a sign and/or a sign structure shall allow the Director of Community and Economic Development or an authorized agent to enter upon such property at all reasonable times for the purpose of carrying out the provisions of this chapter.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   Design.

      (1)   All sign structures shall be designed using working stresses and loading as specified in the latest edition of the City Building Code, except that design wind loading shall be not less than 20 pounds per square foot.

      (2)   A factor of safety of two against over-turning shall be used for a sign that is designed to be stabilized by the dead load of the sign or of its attachments.

      (3)   Sufficient clearances shall be maintained between a sign structure and an adjacent building to accommodate maximum design deflections, unless the sign is attached to the building structure. No building shall be used for the support or anchorage of a sign, unless the building is designed and constructed to support the additional load.

      (4)   The plans and specifications for a sign structure containing a surface area in excess of 50 square feet projected on a vertical plane shall be prepared and certified to contain all required safety features by an engineer or architect, and such a structure shall be installed by a contractor, all licensed with the state.

      (5)   A sign having in connection therewith any electrical wiring shall be designed and inspected in conformance with the provisions of the City Electrical Code (Chapter 14.15). Each such sign shall have firmly affixed thereon a nameplate that shall state the manufacturer’s name or trademark, the voltage, amperage and total wattage, and each such sign shall display the Underwriters’ Laboratory label.

   (B)   Obstruction by signs.

      (1)   No portion of a sign or its supporting structure shall obstruct any fire escape, stairway or standpipe, exterior door or required exit, and no sign or its supporting structure shall be attached to or supported by any fire escape.

      (2)   No portion of any sign or its supporting structure shall interfere with or obstruct any emergency exit or any legally required light and ventilation.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   All signs and sign structures shall be kept free of any material, including unauthorized election/campaign signs and other signs not approved by the original or subsequent permits.

   (B)   The area beneath and about the base of all signs and sign structures shall be kept free of all weeds, rubbish and inflammable waste material by the owner of the sign and sign structure.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   The Director of Community and Economic Development shall remove, or cause to be removed, any sign, including the sign structure, that advertises a business conducted, or a product or service obtainable on the premises upon which the sign is located, within 90 days after such business is closed or terminated, or the products or services are no longer obtainable on such premises.

   (B)   To cause a sign to be removed, the Director of Community and Economic Development shall send a written notice ordering that the sign and sign structure be removed within 90 days. An additional notice shall be sent within 30 days of the removal date.

   (C)   The order of removal may be appealed to the City Council when so filed with the City Clerk. The City Council shall, at an advertised public hearing, receive any evidence offered pertaining to the request for an order of removal and shall make findings of fact of its determinations, decisions and order.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   A sign or sign structure that is found to be in violation of this chapter is hereby declared to be a public nuisance and as such shall be subject to the provisions of Chapter 6.01 of this code.

(Ord. 2982, passed - -2001; Ord. 3287, passed - -2020)

   (A)   Purpose and intent. The purpose and intent of this section is to provide reasonable regulations pertaining to freeway-oriented electronic billboards, recognizing that community appearance is an important factor in ensuring general community welfare. The intent of this section is to ensure that freeway-oriented electronic billboards do not have a negative impact on the city’s visual environment or contribute to visual blight conditions where they are located.

   (B)   General requirements. Freeway-oriented electronic billboards shall be allowed subject to compliance with this code, state and federal regulations and Caltrans permit.

   (C)   Entitlements required. In addition to any federal or Caltrans permits, freeway-oriented electronic billboards shall be subject to approval of a conditional use permit and a development agreement.

      (1)   The conditional use permit shall be reviewed by the Planning Commission as a recommended action to the City Council subject to the required findings contained in Chapter 15.70.

      (2)   No installation or construction of a new freeway oriented electronic billboard shall occur until after the City Council approval of a development agreement authorizing such installation or construc- tion. The development agreement shall include the following:

         (a)   Architectural features and design elements related to the billboard and/or support structure;

         (b)   Compensation to be paid to the city as a result of the installation and operation of the billboard;

         (c)   Access by the city to a portion of the total available display time to allow the city to present messages of community interest and information and public safety;

         (d)   Quality and maintenance standards; and

         (e)   Any other applicable provisions which the City Council requires related to the installation, operation, advertising content and maintenance of a freeway-oriented electronic billboard.

   (D)   Requirements for approval. No freeway-oriented electronic billboard will be approved without the applicant first providing proof of lease, easement or other document demonstrating the right to install the billboard on the subject property, including the written consent of the property owner.

   (E)   Maintenance. No freeway-oriented electronic billboard will be approved unless a designated maintenance service is available at all times to respond in the event it becomes damaged, inoperable or dilapidated.

   (F)   Physical/site requirements.

      (1)   Zones permitted. A freeway-oriented electronic billboard may be permitted in the General Commercial (G-C), Commercial Manufacturing (C-M), Manufacturing Park (M-P) or Manufacturing, General (M-G) Zones, provided it meets all of the other requirements of this chapter. Freeway-oriented electronic billboards are prohibited in all other zones.

      (2)   Prohibited. Freeway-oriented electronic billboards are prohibited in any location which would result in violation of any applicable federal, state or local laws.

      (3)   Minimum distances. The minimum distance between two freeway-oriented electronic billboards on the same side of the freeway shall be 1,000 feet. Distance shall be measured from the nearest point of the display face or supporting structure on each billboard.

      (4)   Freeway adjacency. Freeway-oriented electronic billboards must be within 200 feet of either the SR-57 or SR-91 freeway right-of-way. Distance shall be measured from the vertical centerline of the billboard display face to the nearest point of the freeway right-of-way property line.

      (5)   Display face orientation. No billboard shall have more than one display face oriented in the same vertical plane and no more than two total display faces. Display faces may be mounted back-to-back or in a V-shape configuration.

      (6)   Static display face. For freeway- oriented electronic billboards which have more than one display face, a minimum of one display face shall be electronic (digital).

      (7)   Name of owner. All billboards shall plainly display the name of the person or company owning or maintaining it and the billboard identification number.

      (8)   Screening. Freeway-oriented electronic billboard structures shall be free of any visible bracing (except for decorative purposes), angle iron, guy wires, cable and/or similar supporting elements. All exposed portions of billboards, including backs, sides, structural support members and support poles, shall be adequately designed and screened.

      (9)   Setbacks. No billboard support structure shall be placed within road right-of-way limits or future road right-of-way lines as shown on any city or Caltrans plan of streets or highways.

      (10)   Maintenance. All billboards shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times, and shall maintain and/or repair the sign structures in accordance with the standards of the outdoor- advertising industry.

      (11)   Utilities. All utilities for the billboard shall be underground to the extent feasible.

      (12)   Future technologies. The technology currently deployed for freeway-oriented electronic billboards is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. Owners of freeway-oriented electronic billboards are authorized to change the display faces to any other technology that operates under the same brightness standards. Prior to installing any new display face technology, the billboard operator shall notify the city in writing and obtain any required permits/approvals.

   (G)   Operational requirements.

      (1)   No freeway-oriented electronic billboard shall display any statement or words of an obscene, indecent or immoral character, as that phrase is used in Cal. Business and Professions Code § 5402 and judicial decisions interpreting the same.

      (2)   Each freeway-oriented electronic billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., “Amber Alerts”), in accordance with local and regional first responder protocols.

      (3)   Freeway-oriented electronic billboards shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity.

      (4)   Freeway-oriented electronic billboards shall contain a light sensing device that will adjust the brightness as ambient light conditions change in accordance with the Outdoor Advertising Act, Cal. Business and Professions Code Division 3, Chapter 2, Article 1 (commencing with § 5200).

      (5)   Each freeway-oriented electronic billboard shall be designed to freeze the display in one static position, display a full black screen or turn off, in the event of a malfunction.

      (6)   No freeway-oriented electronic billboard shall simulate or imitate any directional, warning, danger or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words “stop” or “slow down.”

      (7)   No freeway-oriented electronic billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways.

   (H)   Application. An application for a freeway- oriented electronic billboard shall be made upon a form to be provided by the Community and Economic Development Department, and shall be accompanied by the following information in either written or graphic form:

      (1)   Name, address and telephone number of the freeway-oriented electronic billboard owner and, if different, the owner of the property on which the billboard will be erected;

      (2)   Address of the property where the freeway-oriented electronic billboard will be erected;

      (3)   Signature(s) of the freeway-oriented electronic billboard owner and, if different, the owner of the property/parcel on which the billboard will be displayed authorizing the application for a freeway-oriented electronic billboard on the property;

      (4)   Scaled drawing(s) of the location of the freeway-oriented electronic billboard on the property in relation to public rights-of-way, lot lines, buildings, sidewalks, streets and intersections;

      (5)   Scaled drawing(s) of the proposed freeway-oriented electronic billboard which shall contain specifications indicating height, size and area dimensions, means of support, methods of illumination, and any other significant design or architectural aspects of the proposed billboard;

      (6)   A boundary and vicinity map indicating the location of the proposed freeway-oriented electronic billboard in relation to the nearest other freeway-oriented electronic billboard, or other electronic message sign along the same side of the freeway;

      (7)   Certification(s) from licensed professional engineers that the soil surface is capable of sustaining the proposed load and that the electrical and structural strength of the proposed/actual sign is satisfactory;

      (8)   Any other information requested by the city in order to carry out the purpose and intent of these regulations; and

      (9)   Permit fees: Each application for a freeway-oriented electronic billboard permit shall be accompanied by the applicable conditional use permit and development agreement application fees, established by the City Council by resolution and may be amended from time-to-time.

   (I)   Public hearing. The Planning Commission shall hold a public hearing to consider the conditional use permit application and make a recommendation to the City Council in accordance Chapter 15.70 and Chapter 15.76 of this code.

   (J)   Severability. In the event of any conflict between any provisions contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.

(Ord. 3287, passed - -2020)