Orange City Zoning Code
CHAPTER 17
36 SIGN REGULATIONS
§ 17.36.010 Purpose and Intent.
These regulations governing signs (not located in public right-of-way) are established in order to:
A.
Accommodate the community's need to express commercial, political, civic, public service, religious, and other messages with the minimum of restraint;
B.
Recognize the function of signs in the City of Orange, to provide for their inclusion within the comprehensive zoning ordinance of the City, and to regulate and control all matters relating to such signs;
C.
Protect the locally recognized aesthetic amenities on which the City's economy and quality of life depend; safeguard and enhance property values, and protect public investment and the character of public thoroughfares;
D.
Promote traffic safety and reduce hazards to motorists and pedestrians traveling on public thoroughfares; and
E.
Achieve consistency between general plan goals and regulations dealing with the size, location and design of exterior signs.
(Prior code 17.78.010; Ord. 34-89; Ord. 12-95)
§ 17.36.020 Design Approval.
A.
A sign shall not be approved unless it is found to be consistent with the following criteria:
1.
Design elements including materials, letter style, spacing, color, illumination, sign type or shape shall be integrated.
2.
Signs shall be compatible with the buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified.
3.
Approval of a sign shall not adversely affect surrounding land uses or obscure adjacent conforming signs.
4.
Signs shall be consistent with any applicable redevelopment area design themes.
B.
The Community Development Director is authorized to review, approve or deny, the design of any sign except the following:
1.
Temporary freestanding or wall mounted real estate signs of six square feet or less in a single-family residential zone and 24 square feet in multi-family, commercial, or industrial developments, when placed upon a property to advertise that property for sale, lease, or rent.
2.
Any sign that is placed by a governmental agency as required by law or to protect health and safety.
3.
Temporary construction project signs that conform to the other requirements of this chapter.
4.
Signs that may require no building permit, yet remain subject to the other requirements of this chapter.
5.
Any sign in conformance with a sign program approved by the Community Development Department.
C.
Message content shall not be considered in design approval. A declaration as to whether a sign's content is commercial or non-commercial shall be made, under penalty of perjury, by the applicant upon forms provided by the Community Development Department. Any approved non-commercial sign shall be maintained in content, as a noncommercial sign, in perpetuity, unless revisions are approved by the department.
(Prior code 17.78.020; Ord. 34-89; Ord. 12-95; Ord. 2-98; Ord. 6-02)
§ 17.36.030 Building Permit and Inspection.
A.
A building permit shall be obtained for any structure governed by the Uniform Building Code (UBC) designed or intended to support a sign. Such a structure shall also be constructed and maintained in conformance with all applicable provisions of the UBC.
B.
An inspection shall be called for by the permittee upon completion of the structural portion of every sign and before the structural connections to the building or structure are concealed. The Community Development Director shall authorize any inspection as is necessary or appropriate to ascertain whether any sign will comply or is complying with regulations set forth in this chapter and other applicable laws.
(Prior code 17.78.030; Ord. 34-89; Ord. 12-95)
§ 17.36.040 Prohibited Signs.
In addition to other provisions of this chapter, the following signs shall be prohibited in the City:
A.
Any sign erected or maintained without the consent of the owner of the land upon which the sign is located.
B.
Any sign erected upon or over public property, other than signs installed by state, county, or city agencies.
C.
Flashing, moving or otherwise animated elements or any revolving signs, other than time/temperature signs (See Section 17.36.160(E)).
D.
Projecting signs, except within the OTMU, NMU, and UMU zones. A projecting sign is one that extends more than 12 inches from the surface of a wall to which it is attached, or a wall sign intended to be visible from more than one side.
E.
Any sign placed upon, attached, or suspended from a vehicle that is subject to license or registration by the State's Department of Motor Vehicles, intended to advertise goods or services available on site or nearby, when said vehicle is located on private property within 75 feet of a public right-of-way.
F.
Any abandoned sign that advertises goods or services which have not been available for a period of 90 or more days.
G.
Any "sandwich" or A-frame sign, or any ground sign temporarily supported by poles or braces placed upon the ground, or any other sign propped against a vehicle or object in a parking lot or public right-of-way unless otherwise permitted under Section 17.36.150, Special Purpose Sign Regulations.
H.
Bench signs at bus stops, excluding City authorized bus shelter signs.
I.
Roof signs, or any sign proposed above a roof line that is not integrated architecturally, such as a dormer or other vertical facade constructed within the roof's structure.
K.
All banner signs, wind signs, balloons, and tube signs of a commercial nature, except those permitted as temporary special promotions, defined by Orange Municipal Code, Section 17.36.150.
L.
Items of merchandise used as a sign.
M.
All inflatable signs and signs designed to be flown, including balloons, strings of balloons, kites or aerial signs, that are made of an electrically conductive material.
N.
Signs that create sound.
O.
Any sign greater than six square feet on property located in a residential district, except as otherwise provided by this code.
(Prior code 17.78.050; Ord. 34-89; Ord. 12-95; Ord. 6-97; Ord. 4-00; Ord. 09-13, 2013)
§ 17.36.050 Prohibited and Restricted Locations.
Signs shall not be permitted in the following areas:
A.
Public Places. Except as authorized by an encroachment permit or as authorized elsewhere in this code, no sign shall be erected upon or over any public street, sidewalk, parking lot, or other public right-of-way or place.
B.
Fences. No sign shall be placed upon any wall or fence located on a property line, except as permitted in Section 17.36.120.
C.
Utility Poles/Street Lights. Except as otherwise permitted in Section 17.36.150, no sign shall be placed or maintained, in any manner, on any utility pole or street light standard or their appurtenances, except for operational notices placed by the utility that owns said utility pole or street light standard.
D.
Setback Areas.
1.
Front Yards. No portion of a freestanding sign or sign structure shall be located within two feet of any other structure, nor a public right-of-way.
2.
Minimal Spacing. No freestanding sign shall be located within 200 feet of any other freestanding sign on the same property.
3.
Side Yards. Signs located on interior lots with less than 200 feet of frontage shall be positioned within the central 50% of the parcel frontage. On parcels with more than 200 feet of frontage, signs shall be located no closer than 50 feet to a side property line.
4.
Side Yards for Corner Parcels. Signs located on corner lots with less than 200 feet of frontage shall be positioned within the 75% of the property frontage closest to the street corner. On corner lots having more than 200 feet of frontage, signs shall be located no closer than 50 feet to a side property line.
E.
Street Intersections. No sign or portion thereof shall be erected at the intersection of public streets within a corner cut-off area, unless the sign is less than 42 inches in height, or greater than eight feet clearance provided to the bottom of the sign, as measured from the top of the nearest curb in the adjacent right-of-way. The supporting structure(s) of a sign exceeding eight feet in height shall not present a visible obstruction exceeding 12 inches in width. The corner cut-off shall be defined by a triangular area formed by a diagonal line connecting two points on the side property lines, 25 feet distant from their intersection when projected into the public right-of-way.
F.
Private Driveways. No sign shall be located within 15 feet from the intersection of a property line and a private driveway or alley, unless the sign is less than 42 inches in height, or greater than eight feet clearance provided to the bottom of the sign, as measured from the top of the nearest curb in the adjacent right-of-way. The supporting structure(s) of a sign exceeding eight feet in height shall not present a visible obstruction exceeding 12 inches in width.
(Prior code 17.78.055; Ord. 34-89; Ord. 12-95; Ord. 7-01)
§ 17.36.060 Signs-General.
The following regulations shall apply to all permitted signs.
A.
Sign Program.
1.
Multitenant Buildings. A sign program for all multitenant buildings shall be required to ensure proper design of signage and adequate identification of building tenants. Such programs shall provide for consistency in the size, color and placement of signs within a property and shall be approved by the Design Review Committee.
a.
When 60% of the tenant wall signs have been changed to conform to the approved sign program of a multitenant building, the remaining tenant signs shall also be changed to conform to the approved sign program.
b.
In order to aid the identification of a building or development, the identification of each building address is required and specified in Chapter 15.52 of the Orange Municipal Code. Phone numbers may not be displayed upon a sign (or a building), in order to avoid confusion and minimize clutter.
c.
Sign backgrounds and lettering colors are to be designed with sufficient contrast so as to be readily legible.
2.
New Planned Developments. Planned communities, planned unit developments and specific plans may propose sign criteria that differ from the limitations contained within this chapter, subject to review and approval by the Planning Commission. Approved sign programs shall be consistent with the intent of this chapter.
3.
Mixed Use Zones and Major Commercial Centers. Sign programs for major commercial centers on sites which are located in the C-TR, C-R, C-2 or C-3 zones and are larger than 25 acres, and for mixed use, multi-family residential, or multi-tenant commercial uses in the OTMU, NMU and UMU zones, regardless of the size of the site may include criteria that differ from the limitations contained in this chapter. Sign programs for major commercial centers are subject to the review and approval of a conditional use permit by the Planning Commission. Sign programs in mixed use zones are subject to review and approval by the Design Review Committee. Sign programs shall be reviewed based on the following criteria:
a.
The applicant will prepare and submit a detailed proposal that includes architectural plans, a site plan and building elevations. The proposal will delineate and allocate display area for each tenant.
b.
Sign programs for such developments will specify construction and finish materials, fabrication methods, letter styles, proposed use of logos or other corporate icons, color and lighting for all signs.
c.
Display area for wall signs shall be calculated based upon the length of building elevations according to the limits established by Section 17.36.080. In mixed use zoning districts the area of projecting signs shall be calculated based on the standards for wall sign area and counted toward the overall allowable wall sign area for a building. However, sign area may be redistributed among portions of building elevations as specified within the sign program, or permitted to increase to the following ratio:
i.
Two square feet per lineal foot of tenant building frontage, for building elevations situated more than 200 feet from a property line or public street.
ii.
Three square feet per lineal foot of tenant building frontage, for building elevations situated more than 300 feet from a property line or public street.
d.
When installed on the same wall of a building which includes an entrance that is accessible to the public, blade signs, sculpted signs or three-dimensional wall signs may extend more than 12 inches from the surface of a wall without being considered a projecting sign. The depth of projection for a wall sign will not be considered when calculating display area.
e.
Signs affixed to the face of a wall may extend upward beyond the roof of a building without being considered a roof sign, provided: (i) the vertical extension beyond the roof line is limited to 25% of the overall height of that wall; or (ii) the sign does not include flat display area, but is instead constructed of three-dimensional elements.
f.
A singular roof sign may be permitted if constructed as a singular architectural element which displays only the name of a development.
g.
Any wall signs proposed on building elevations that are arranged around a central courtyard or open-air pedestrian space which are not visible from a public right-of-way are not subject to regulations of this chapter.
h.
When presented as part of a comprehensive sign program on any development with more than 200 feet of frontage on an arterial highway, the height of a freestanding sign may exceed 15 feet, but is limited to 32 feet, or the maximum height to the roof of any building that is part of the same development, whichever is less. However, any sign higher than 15 feet is subject to the setback for all structures in that same zone, and a landscaped planter must be provided around the base of the sign.
i.
The number and spacing of freestanding signs may differ from those otherwise permitted by this chapter, so long as sign proposals do not exceed limits for aggregate display area, maximum display area and structural height.
j.
Where developments have an internal circulation system of private two-way streets and more than 40 tenants, on-site directional signs may be permitted to a maximum display area of 220 square feet and maximum height of 20 feet, when located more than 100 feet from an arterial street or residential development. Directional signs are intended to assist motorists and keep traffic flowing through large parking facilities, and should therefore be limited to directional instructions and simple graphics, including section area titles, left or right turn arrows, and tenant names (if desired by the applicant) using a uniform or consistent size and style text.
k.
Any sign program is subject to initial review and recommendation by Design Review Committee (DRC). Sign applications for individual tenants will be subject to final approval by DRC unless the sign program is specific in describing the height, width and design components of signs for each tenant space.
l.
Sign programs for sites located in the OTMU zones shall also comply with sign regulations included in the City's Historic Preservation Design Standards.
m.
The aforementioned criteria are intended as maximum limits that should not be exceeded. However, an applicant may propose sign programs with elements that exceed such limits if the applicant prepares a study justifying why deviation from the criteria is desirable from a land use perspective and will not result in aesthetic and safety impacts significantly greater than those otherwise allowed. The study must address and/or include the following as a minimum:
i.
A discussion of the unique planning and physical features of the project site which justify deviation from the criteria set forth in subsections (A)(3)(a)—(l) of this section.
ii.
A discussion of how the proposed signage incorporates unique architectural style and special design features such as logos, emblems, murals and pictures that are integrated with the development.
iii.
A sight-distance analysis to demonstrate why extra height or display area is needed to promote the development.
iv.
An analysis of the range of sign visibility and potential impacts (including impacts caused by lighting) upon surrounding properties or public streets.
v.
Scaled and dimensioned plans that provide an adequate basis of evaluation.
vi.
A concluding statement containing an empirical analysis evidencing that the proposed sign program, due to setbacks from arterial streets which exceed the requirements of this section, setbacks from residential areas which exceed the requirements of this section, sign orientation toward the development and other relevant factors, will not impact residential areas or public streets significantly more than otherwise allowed by this section.
vii.
The City shall approve such a sign program if it finds that the applicant's study contains the requisite empirical analysis.
n.
Any sign which has been approved under this section may contain noncommercial copy in lieu of any commercial copy.
B.
Lighting of Signs. Where a sign is externally illuminated, the light source must be shielded so that it is not visible from the front or side of the light fixture, or beyond a property line. Illuminated surfaces with an internal light source, such as luminescent plastic paneling may be used on commercial or industrial property, so long as illumination intensity does not exceed one-half footcandle at the property line. Internally illuminated signs are prohibited in residential districts except as permitted by Section 17.36.120(C) of this chapter.
C.
Flags. Each separate business may display one house flag (containing the name, symbol, or logotype of the business) when displayed in conjunction with the display of the United States flag, or in conjunction with the display of the U.S. flag and other governmental flags. The U.S. flag (and any other governmental flag) shall be displayed in a predominant and appropriate manner, with house flag or banner displayed in a similar manner, no higher or larger than the U.S. flag. No flag shall exceed 100 square feet in area. Flag poles are limited to a maximum height of 60 feet in commercial and industrial districts, 20 feet in a residential district.
D.
Awning Signs. Printed or painted lettering is permissible upon an awning valance, subject to all restrictions for wall signs.
E.
Window Signs. Any sign that is painted on, attached to, or otherwise displayed within windows shall not exceed 25% of each window's area.
F.
Off-Site Commercial Signs. No commercial signs shall be erected or used for advertising, or any business or income generating purposes, unless located on the same site where that enterprise is situated.
(Prior code 17.78.060; Ord. 34-89; Ord. 12-95; Ord. 10-98; Ord. 10-99; Ord. 6-02; Ord. 09-13, 2013)
§ 17.36.070 Freestanding Signs.
Except as otherwise provided in this chapter, freestanding signs shall be allowed in commercial and industrial districts subject to the following regulations, permitted only in accordance with approval of a building permit.
A.
Number. One freestanding sign shall be permitted for each parcel with frontage measuring up to 400 feet along an arterial street. Parcels with more than 400 feet of frontage may have one additional freestanding sign for each 400 foot increment. When a commercial or industrial center is comprised of multiple occupants or tenants with a common parking facility or shared access, frontage shall be considered by joint use of the shopping center or overall length of the project site and not the frontage of the individual businesses or occupancies.
B.
Area.
1.
The maximum area of such signs may be one-half square foot per lineal foot of parcel frontage upon the adjacent arterial street, with a maximum area of 160 square feet.
2.
When 60% of the tenant signs on a freestanding sign have been replaced and conform to the approved sign plan for that property, the entire freestanding sign must be changed to conform to the approved sign plan.
3.
A minimum of 10% of sign area must be devoted to the development's title and address, as required in Chapter 15.52 of the Orange Municipal Code. Multi-tenant projects must display the full range of tenant addresses on the freestanding sign. The street address will be illuminated in the same manner as the sign display area. Phone numbers are not permitted on a sign in order to avoid confusion and minimize clutter.
4.
No sign copy shall extend beyond a display area contained within architectural features.
C.
Height. When parcel frontage measures 100 feet or more, freestanding signs are limited to a maximum height of 15 feet. For parcels with frontage measuring less than 100 feet, maximum height is limited to five feet. Sign height is measured from the top of the adjacent curb to the top of the sign face area. Architectural features may increase overall height, but not by more than 15%.
(Prior code 17.78.070; Ord. 34-89; Ord. 12-95)
§ 17.36.080 Wall Signs.
Except as otherwise provided in this chapter, wall signs in the commercial and industrial districts shall comply with the requirements below:
A.
Number. The number of wall signs permitted on each building elevation shall be no greater than the number of tenants in a building. No building shall be deemed to have more than four building elevations. One additional wall sign may be permitted for a singular tenant on any one wall, only when that tenant's frontage exceeds 100 lineal feet along said wall.
B.
Area.
1.
The total area of wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of a tenant building frontage.
2.
Corner sites are permitted one and one-half square feet of sign area per linear foot of the building's address frontage, provided that no more than two-thirds of the sign area occurs on either facade.
C.
Height. The height of a wall sign is limited by the height of the vertical surface to which it shall be displayed. A wall sign shall be limited by a ratio of 2:3, so that a sign is sufficiently buffered by space at the top and bottom. Sign height shall not exceed a dimension that is greater than two-thirds of the height of the vertical surface (or plane) upon which it is located. The applicant shall indicate those dimensions upon any plan submitted for a sign permit. Photographs may be required or submitted to convey existing conditions. Multiple lines of text must be contained within this requirement.
D.
Location. Wall signs shall be installed upon a vertical surface, and shall not extend beyond the lateral edges of a building.
E.
Depth. No wall sign, including any light box or other structural part, shall project more than 12 inches from the surface on which it is installed.
(Prior code 17.78.080; Ord. 34-89; Ord. 12-95)
§ 17.36.090 Wall Signs for High-Rise Buildings.
A high-rise building shall be defined as any building five stories or greater in height. In addition to wall signs normally permitted for a building, high-rise buildings shall be allowed additional wall sign area for tenant identification at the top of the building, subject to the following restrictions:
A.
Number. Only one sign shall be permitted per building elevation. No building shall be determined to have more than four building elevations.
B.
Area. Sign area shall not exceed seven square feet per lineal foot of the structural width at the top of the building.
C.
Height. Sign height shall not exceed a height of one foot per story, with a maximum height of 12 feet.
(Prior code 17.78.090; Ord. 34-89; Ord. 12-95)
§ 17.36.100 Automobile Service Station Signs.
B.
Pump Island Canopies. In addition to wall signs permitted for a primary structure (see Section 17.36.080), signs that do not exceed an area of 20 square feet per sign, and an aggregate area of 80 square feet may be approved for each pump island canopy.
C.
Price Change Sign. Additional permanently affixed fuel price signs (or changeable copy signs), may be permitted by the Community Development Director, if consistent with state law. Such signs are limited to a maximum area of 24 square feet. Sale prices must be posted within the freestanding sign.
D.
Miscellaneous Signs. Small accessory signs, such as credit card signs, cash machine signs, cigarette, tire signs, car wash, mini-mart and price signs may be permitted, with the location approved by the Community Development Director, provided such signs do not exceed an area of eight square feet per sign face, or an aggregate area of 24 square feet.
(Prior code 17.78.100; Ord. 34-89; Ord. 12-95)
§ 17.36.110 Residential Signs.
A.
Neighborhood Identification Signs.
1.
Single Family Residential Tracts. Two signs shall be permitted at each entry point to any single-family residential neighborhood comprised of two acres or more. Such a sign shall not exceed an area of 35 square feet, with a maximum height of 42 inches, if located on a wall measuring at least five feet in height; and a maximum area of 20 square feet, with a maximum height of 24 inches on a wall measuring less than five feet in height.
2.
Apartments or Condominiums. One sign shall be permitted per street frontage for any multiple-family apartment or condominium complex of not less than 10 units. Such a sign shall not exceed an area of 35 square feet with a maximum height of 42 inches.
a.
For stand-alone apartment or condominium developments in the OTMU, NMU or UMU zones, project identification signage may be provided as wall, monument or projecting signs subject to the following criteria:
i.
One freestanding sign shall be permitted per street frontage measuring up to 400 feet for any multiple-family apartment or condominium complex of not less than 10 units. Such a sign shall not exceed an area of 35 square feet with a maximum height of 42 inches. Any parcel with more than 400 feet of frontage may have one additional freestanding sign for each 400-foot increment.
ii.
Wall signs shall be permitted where a freestanding sign is not being proposed with a maximum area of one-half square foot per lineal foot of building elevation.
b.
For apartment or condominium development in the OTMU, NMU, or UMU zones that are part of a mixed use project, a sign program shall be required pursuant to Section 17.36.060(A).
c.
Accessory wall signs for leasing or sales offices are allowed subject to the following criteria:
i.
A maximum of one sign is allowed for a either a stand-alone multi-family residential development or multi-family residential development as part of a mixed use project provided that the leasing or sales office is located at the ground level of the site. Sign area shall not exceed one-half square foot of sign area per lineal foot of the portion of building elevation behind which the leasing or sale office is located. Letter height shall not exceed 12 inches.
ii.
The sign may be attached to a building wall or parapet provided that the sign does not extend more than 12 inches above any parapet or eave line or have more than 50% of its height above any parapet or eave line.
iii.
An accessory residential leasing or sales office wall sign shall be erected or constructed so that it is either integrated into the wall, flat against the wall to which it is attached, or projecting not more than 10 inches from the wall plane.
B.
Mobile Home (MH) Districts. Mobile home parks may have one identification sign per park entrance, which may consist of one of the following:
1.
Ground Sign. A mobile home park ground sign shall not exceed a height of 42 inches, measured from the top of the curb within the adjacent public right-of-way to the highest portion of the sign structure. Display area shall not exceed an area of 24 square feet.
2.
Wall Sign. A mobile home park wall sign may be affixed to the screening wall, at any entrance. Such a sign shall not exceed 42 inches in height, and an area of 35 square feet.
C.
Institutional Uses in a Residential District. Signs for approved institutional uses, such as a church, school, or congregate care facility, when located in a residential district, shall be permitted subject to the following requirements:
1.
Freestanding Sign. One sign is allowed per parcel, with less than 400 feet of street frontage. Any parcel greater than 400 feet may have one additional sign for each 400-foot increment. No such sign shall exceed a height of five feet, with a maximum area of 24 square feet. General provisions for freestanding signs shall otherwise apply. Internally illuminated signs are permissible, so long as intensity of light does not exceed 0.25 footcandles at the property line.
2.
Wall Signs. Any number of wall signs may be permitted, with an aggregate maximum area of one-half square foot of sign area per lineal foot of each building elevation, and a maximum letter height of 12 inches.
D.
Name Plate. One name plate or marker is permitted for each residential unit, to indicate the occupant's name. Such a sign shall not exceed one square foot in area, nor shall it contain any reference associated with a home occupation, as defined by Orange Municipal Code Section 17.04.029.
E.
Open House Signs. Signs advertising private residences as open for inspection, intended for prospective buyers, may not be placed on public rights of way, but may be placed upon private property subject to the consent of the owner, lessee, or legal occupant of the property upon which the sign is located. Such signs are unlimited in number, but may not exceed six square feet in area.
(Prior code 17.78.120; Ord. 34-89; Ord. 12-95; Ord. 09-13, 2013)
§ 17.36.120 Office Professional Signs.
A.
Freestanding Signs. One freestanding sign shall be permitted for each parcel of record zoned Office Professional. The sign shall not exceed an area of 24 square feet per face. Sign height shall not exceed five feet. General provisions for freestanding signs shall otherwise apply.
B.
Wall Signs. Wall sign area shall not exceed one half square foot per lineal foot of that building elevation. General provisions for commercial wall signs shall otherwise apply (see Orange Municipal Code Section 17.36.080).
C.
Name Plates. One name plate or marker is allowed for each tenant, to indicate the tenant's name, title, or profession. Such a sign shall not exceed two square feet in area.
(Prior code 17.78.130; Ord. 34-89; Ord. 12-95)
§ 17.36.130 Subdivision Signs.
Signs offering new real estate or homes for sale by the tract developer in an approved subdivision may be erected under the following conditions:
A.
Locality. Approval is limited to tracts that are located within the City's limits.
B.
Number. No more than two such signs shall be located off the subdivision, and no more than two such signs shall be located on the subdivision that is advertised.
C.
Location. No such sign shall be erected on or situated within 50 feet of any occupied residential parcel not part of the advertised tract.
D.
Area. No such sign shall exceed 32 square feet in area.
E.
Illumination. No such sign shall be illuminated.
F.
Abatement. All signs shall be removed when all lots and houses in the subdivision have been sold.
1.
Deposit. The application for a permit for any such sign shall be accompanied, in addition to the permit fee, by a deposit of $500.00 for each sign to guarantee proper maintenance and ultimate removal thereof.
2.
Permit. The permit for any such sign shall be issued for a period not to exceed 12 months. At the end of such period, additional extensions of six months each may be granted by the Community Development Director or designee.
3.
Expiration. Upon expiration of the permit or any extension thereof, the sign shall be removed by the applicant. Following the removal of the sign, and upon request, the deposit shall be refunded to the applicant.
4.
Removal. If for any reason the applicant fails to remove the sign within 30 days of written notice by the City, the City may cause said sign to be removed and shall apply the cost of such removal against the deposit. Upon written request of the applicant, the remainder of the deposit shall be returned.
(Prior code 17.78.150; Ord. 34-89; Ord. 12-95)
§ 17.36.140 Special Promotion Signs.
A.
Permit Required. Special promotion signs are allowed when a permit has been granted by the Community Development Director or his or her designee, for a limited period of time as a means of publicizing special events such as "grand opening," "under new management," "inventory sale," or public or charitable events.
1.
Definition. A "special promotion" is an event allowing the use of portable signs, banners, outdoor display of merchandise and other advertising devices that are otherwise prohibited by this chapter, upon private property, for a limited period of time. Safety regulations (that are contained in this chapter) must be sustained.
2.
Time Limit. A special promotion shall not exceed a maximum of 45 days per calendar year. The applicant may determine how the 45 days will be allocated. However, no more than three special promotion permits shall be issued for any permanent business address during the calendar year.
3.
Application Required. Applications for "special promotion" permits shall be filed with the Department of Community Development on forms furnished by the department at least five days prior to the beginning of the event. The Director of Community Development may exempt an applicant from the five day application prior to the beginning of an event provided the applicant files a declaration under penalty of perjury that the nature of his or her business activities does not permit advance knowledge by the applicant of the time of the particular "special promotion" and that such applicant agrees that he or she will not exceed the total number of 45 days within any calendar year. A processing fee of $52.00 shall be paid at the time each application is filed. Non-profit organizations are not subject to the application fee upon submitting an Internal Revenue Service "exempt-status" letter.
B.
Requirements. All "special promotions" shall comply with the following requirements and restrictions:
1.
The applicant shall obtain any other required permits, licenses, and written approvals from the City of Orange or other agencies and observe all laws concerning health and safety.
2.
Written approval from the property owner or authorized agent shall be submitted with the permit application.
3.
A copy of the approved permit application will be furnished by the Department of Community Development. This copy and all other required permits must be displayed in a conspicuous place on the premises throughout the duration of the event.
4.
Signs, advertising devices, and other approved outdoor displays shall substantially conform in size and location to the site plan sketched on or attached to the permit and conform with any restrictions stated upon the permit.
5.
A special promotion shall only be approved in conjunction with an authorized licensed business conducting operations from a permanent, contiguous facility that is located on the same site. A special promotion event is not permitted on any vacant lot, or unimproved parcel, within the City.
6.
No sign, advertising device, or other approved outdoor display shall exceed 42 inches in height above grade or be placed within 10 feet of any vehicular access or public right-of-way line. No public right-of-way shall be used for locating any sign or display.
7.
Portable signs or banners permitted as part of a special promotion shall comply with size, number and location requirements of Section 17.36.150 Special Purpose Sign Regulations.
8.
The aggregate length of wind signs, pennants, streamers, balloons, and other similar devices shall be permitted up to twice the length of the store or building frontage and with a maximum height of 50 feet above grade. However, at no time shall said devices be allowed to reach within 10 feet of any power or telephone transmittal lines.
9.
All parking accesses, exits, and traffic aisles shall remain unobstructed at all times. No more than 15% of the required parking spaces, as calculated in the Orange Municipal Code Section 17.34.060 may be used for the special promotion activities.
10.
All signs, advertising displays, or other approved outdoor displays shall be erected or maintained in a clean and safe manner and in good repair.
11.
No balloons shall exceed 30 inches in diameter nor shall they exceed a maximum height of 50 feet above grade nor shall they be allowed to reach within 10 feet of any power or telephone transmittal lines.
12.
Large structural balloons exceeding 30 inches in diameter may be permitted by the City Council in areas deemed appropriate by the Council and subject to such conditions as the Council shall deem appropriate to protect the public interest.
13.
Portable shielded arc-type searchlights shall be permitted subject to a special promotion permit in commercial and industrial districts only, provided that the beam of the searchlight shall not be projected at less than a 45 degree angle measured from a horizontal plane, and shall not project upon or reflect upon property or buildings other than the property or buildings of the permittee.
C.
Special Provisions.
1.
The Community Development Director may impose special requirements and restrictions at his or her discretion. Such restrictions shall be listed on the approved permit and shall be followed throughout the duration of the event.
2.
If an approved "special promotion" is interrupted for reasons beyond the control of the permittee, the Community Development Director is authorized to grant additional permits, provided that the total number of event days do not exceed the maximum standards listed in Section 17.36.150(A).
(Prior code 17.78.160; Ord. 34-89; Ord. 12-95; Ord. 6-97)
§ 17.36.150 Special Purpose Sign Regulations.
A.
Construction Project Signs.
1.
No more than two on-site signs may be erected in conjunction with construction projects. Such signs may be used for publicizing the future occupants of the building or the project owners and construction organizations and professionals participating in the project.
2.
In a residential district, no such sign shall exceed six square feet in area, and no freestanding sign shall exceed five feet in height. In all other districts, no such sign shall exceed 32 square feet in area, and no freestanding sign shall exceed 10 feet in height.
3.
All such signs shall be removed before a final release on the construction is given by the Building Official.
B.
On-Site Directional Signs.
C.
Menu Boards. Additional signs located internal to a private parking facility, such as a drive-through restaurant or car wash, may be permitted in conjunction with an automotive travel lane associated with a specific use. Such a sign shall not be located between the primary structure and any public right-of-way, unless screened by landscaping and subject to review and approval by the Community Development Director.
D.
Name Plates. In addition to any other sign requirements in nonresidential zones, excluding the Office Professional District, one name plate not exceeding an area of one square foot, containing the name and profession of the occupant of the premises, shall be permitted upon the building for each tenant.
E.
Illuminated Time and Temperature Signs. Time and temperature devices may be included in sign area but may not exceed 20% of the allowable sign area.
F.
Pedestrian Signs. One small sign that is suspended beneath a canopy or other roof structure, perpendicular to the store front, and intended to identify business entryways from a walkway in a multi-tenant commercial or industrial building, may be permitted by the Community Development Director, if it is not directed at passing motor vehicles. Such signs shall have a maximum size of three square feet and shall be non-illuminated.
G.
Banners and Portable Signs. Except as otherwise provided in this chapter, banners and portable signs shall be allowed in the office professional, commercial and industrial districts subject to the following regulations:
1.
Permit Required. Banners and portable signs are allowed when a permit has been granted by the Community Development Director or his or her designee, for a period of time specified on said permit. Written approval from the property owner or authorized agent shall be required with the permit application. Fees shall be consistent with fee schedule for Special Promotion Signs Section 17.36.140(A). A copy of the permit will be posted at the business location for review by City officials if requested.
2.
Time Limit. Display of banners and portable signs shall not exceed a maximum of 150 days per calendar year per tenant space. At time of application, display dates will be specified on permit and may be modified by the applicant, and filed with the City, anytime during the year so long as the 150 day maximum is not exceeded.
3.
Number. Only one banner and one portable sign shall be permitted per tenant store front. Tenants occupying an end or corner location may have one banner and one portable sign per frontage. Up to two frontages may be permitted. Each frontage shall be under separate permit, however both permits must be authorized for the same dates for display purposes.
4.
Area. Banners shall not exceed one and one-half square feet per each lineal foot of tenant width at main entrance. Portable signs may not exceed 42 inches in height and 24 inches in width.
5.
Location. Banners must be attached to the building sufficiently enough to be wrinkle free and to keep border lines straight;
a.
Banners are not to be attached to landscaping, trees, or bushes for primary support. Banners are not permitted in common areas in multi-tenant centers;
b.
Freestanding structures to support banners, roof or slanted storefront mounted banners are prohibited;
c.
Banners are not be located on the same horizontal line as the permanent store sign unless used as temporary identification until a permanent sign can be installed and then only if proof is provided that such sign is on order;
d.
Signs authorized by this chapter shall not impede normal foot traffic or create pedestrian safety concerns. Hanging banners shall maintain a minimum eight-foot pedestrian clearance. Portable signs shall maintain a minimum of 48 inch pedestrian walkway;
e.
No sign shall be erected upon or over any public street, sidewalk, parking lot, or other right of way or place except as authorized elsewhere in this code;
f.
Portable signs may only be displayed during business hours and taken in after closing;
g.
No sign shall be placed or maintained, in any manner, on any utility pole or street light or their appurtenances, except for operational notices placed by the utility;
h.
Portable signs may only be located on private property directly in front of the permittee's tenant space and no farther than 10 feet from the front of tenant's building;
i.
No portable sign shall be located within 10 feet of any vehicular driveway or any public right-of-way line.
6.
Design. Sign design and lettering shall be done in a professional and attractive manner.
H.
Decorative Banners. Decorative banners shall be permitted only in commercial or industrial districts and only as part of a sign program developed and sponsored by the City and approved by the Community Development Director (or designee), in which case such public bodies shall be exempt from the payment of any permit fee. Written approval from the property owner (or authorized agent) of the utility poles or street light standards to be used for the display of decorative banners shall be required as a condition to the approval of the sign program. Decorative banners shall not identify any individual business or tenant name and shall not contain written advertising copy. Decorative banners may be located no lower than 14 feet above grade and must enhance the subject commercial or industrial district such that the colors, logos, materials and design of the decorative banners are appropriate to the district in which the decorative banners are to be installed.
I.
Creative Signs. Creative signs are allowed in the UMU zone. The intention of these provisions is to encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit and thoughtfulness. Creatively designed signs should make a positive visual contribution to the overall image of the City, while mitigating the impacts of large, obtrusive or unusually designed signs. Creative signs may be allowed in addition to other project identification signs allowed by this chapter subject to approval of a sign program. Creative signs, either on their own or as part of a sign program in combination with other project signage, shall be reviewed by the Design Review Committee and approved by the Planning Commission subject to the following criteria:
1.
Signs may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or other content determined to be similarly neutral by the Community Development Director.
2.
Signs shall be architecturally integrated into a development, and be placed in a logical location in relation to the overall composition of the building facade.
3.
Signs shall be located and designed not to cause light and glare impacts on surrounding uses.
4.
Signs may be directly or indirectly illuminated, but shall not include flashing or animated elements in accordance with Section 17.36.040.
5.
Sign area shall be proportionate to the building design and architectural feature upon which the sign is installed upon or associated with.
J.
Murals. Murals are allowed in the OTMU, NMU and UMU zones. Murals should make a positive visual contribution to the overall image of the City and may be allowed in addition to other project identification signs allowed by this chapter. Murals, either on their own or as part of a sign program in combination with other project signage, shall be reviewed by the Design Review Committee and approved by the Planning Commission subject to the following criteria:
1.
Murals may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or similar content as determined by the Community Development Director.
2.
The area of a mural shall be proportionate to the building design and comply with the provisions of Section 17.36.080(B). The area of a mural shall be included in the maximum allowable number and area of wall signage for a building.
3.
Murals may be directly or indirectly illuminated.
(Prior code 17.78.140; Ord. 34-89; Ord. 12-95; Ord. 6-97; Ord. 7-01; Ord. 09-13, 2013; Ord. 09-22, 2022)
§ 17.36.160 Abatement of Nonconforming Signs.
A.
Nonconforming Defined. Signs and sign structures that were permitted before this ordinance was adopted may not conform to the provisions and limitations contained herein. Such a sign is classified as nonconforming. Nonconforming signs or sign structures are subject to the provisions of Section 17.38.020— Exception to Compliance (Nonconformities) of this title.
B.
Signs Hereafter Rendered Nonconforming. Any sign which becomes nonconforming subsequent to the effective date of this chapter either by reason of the annexation to the City of the territory upon which the sign is located, or the amendment of this chapter to render such sign nonconforming or otherwise, shall also be subject to the provisions of Section 17.38.020.
C.
Signs Relating to Businesses No Longer Operating on the Property. Signs pertaining to businesses or business activities no longer occurring on the property shall be removed from the premises, or sign copy on such signs shall be obliterated within 90 days after the associated business or business activity has ceased at the site.
D.
Signs Relating to Events Which Have Transpired. Permitted signs advertising the occurrence of any event such as a trade show, exhibition, athletic contest, sale of property, rental of property, etc., shall be removed within 10 days after the date on which the event was held or the sale or rental was completed.
E.
Modification of Nonconforming Signs. No nonconforming sign shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this chapter; provided, however, that nothing herein shall prohibit the normal maintenance or repair of any nonconforming sign nor the painting or replacement of the face thereof.
F.
Enforcement, Legal Procedures and Penalties. Enforcement, legal procedures, and penalties shall be in accordance with Section 1.08.010 of the Orange Municipal Code.
G.
Abatement of Nonconforming Signs:
1.
Abatement. Any sign located on any public right of way or public property or on any utility pole or street light in violation of this code or located on private property without the permission of the property owner, may be removed immediately. The signs shall be held for 10 days by the City prior to destruction. If the name and address of the person responsible for the sign can be reasonably ascertained, the City shall provide at least seven days written notice by first class mail to such owner stating the location of the signs, the fact they will be destroyed and the cost for recovering the signs.
2.
Agency Relationship. Persons posting signs within the City are responsible for knowing the City's sign regulations. Any person posting signs is deemed the agent of any other person who paid for or directed the making or posting of the signs. These persons shall be individually and severally liable to the City for the costs of abatement of any illegal signs, as well as criminally liable for violations of this chapter.
3.
Costs. The fees to be charged for the removal and storage of nonconforming signs shall be established by resolution of the City Council and shall not exceed the City's estimated reasonable cost for such removal and storage. The Director of Community Development shall review such fees as appropriate and recommend any necessary adjustments to the City Council.
(Prior code 17.78.170; Ord. 20-85; Ord. 34-89; Ord. 12-95; Ord. 2-98; Ord. 6-02)
§ 17.36.170 Noncommercial and Campaign Sign Regulations.
A.
Noncommercial Signs. A temporary sign that is not intended to augment a commercial enterprise or to identify the business activity conducted on the premises. Typical noncommercial signs contain messages that are social, political, moral, religious or civic in nature. Noncommercial signs do not include signs erected by a county, state or city or their agents.
B.
Campaign Signs. A temporary sign advocating a person's candidacy for an upcoming election or which state a position or otherwise provide information on a legislative measure that has qualified for the ballot on an upcoming election.
C.
Temporary Sign. For purposes of this section only, the term noncommercial and campaign signs shall be applied to any such sign not posted for a period exceeding 90 days in any single calendar year.
D.
Noncommercial and campaign signs are subject to this chapter's regulations governing building permits requirements, as well as its restrictions on specified types of signs and sign location. Noncommercial and campaign signs are not permitted in the public right-of-way as provided elsewhere in this chapter.
E.
This section does not apply to any sign that has been subjected to design review and which otherwise meets all regulations found in this chapter.
F.
Noncommercial and campaign signs may be located in the City without a permit as long as: (1) they are in conformity with this chapter's maximum limitations on height, area, location and number of signs for each relevant sign district; (2) do not require a building permit; and (3) do not otherwise pose a health and safety risk.
G.
In determining whether this chapter's maximum limitations on sign area and number have been violated, the following aggregation rules shall apply: (1) the total area and number of noncommercial and campaign signs shall not be aggregated with other existing signs on the property; (2) the total area and number of noncommercial and campaign signs on each property shall be aggregated with each other; and (3) notwithstanding subsection (G)(1) above, noncommercial and campaign signs exceeding 32 square feet on the property shall be aggregated with other existing signs.
H.
All campaign signs shall be removed within 10 days of the applicable election. The City Clerk shall insure that all candidates for a City of Orange office receive a copy of this section and such candidates shall sign a statement acknowledging receipt of this section.
(Ord. 6-02)
§ 17.36.180 Billboards.
A.
Prohibition. Notwithstanding any other provision of this code, except for the relocation of existing billboards pursuant to this section, no new billboards shall be constructed within the City limits. For purposes of this section, "relocation" includes the removal of a display and construction of a new display to substitute for the display removed, as defined in California Business and Professions Code Section 5412.
B.
Relocation of Existing Billboards. An owner of an existing billboard located within the City may apply for a billboard relocation subject to the following procedure and criteria:
1.
Process. An applicant for a billboard relocation shall file an application for Minor Site Plan Review approval with the City, pursuant to Orange Municipal Code Section 17.10.060.
2.
Criteria. The Community Development Director shall apply the following criteria in making his determination on the site plan:
a.
The structure shall be constructed on two or less steel supports;
b.
The relocation site shall be at least 500 feet from any other existing billboard structure, and shall also comply with the distance requirements set forth in subsection E below, if applicable;
c.
Except as otherwise provided in subsection F, the height of the top of the sign face shall not exceed 60 feet, as measured from finished grade;
d.
The structure shall incorporate aesthetically pleasing architectural elements to the extent feasible so as to promote compatibility with surrounding properties;
e.
The applicant shall present proof of compliance with any applicable state or federal law requirements relating to billboard signing and freeway location;
f.
The structure shall not result in a significant adverse aesthetic impact upon any surrounding residential neighborhoods or exceed the illumination thresholds set forth in this section.
3.
Conditions of Approval. The Community Development Director may require reasonable conditions of approval to protect the public health, welfare, and safety of the community.
4.
Findings. The Community Development Director shall make a finding in approving such a request that the construction of the structure and approval of the minor site plan review will not have an adverse effect on the public health, welfare, and safety of the community.
C.
Publicly Caused Billboard Relocations. Any proposal to relocate an existing billboard structure, which relocation is caused by a City or state project, shall be subject to the minor site plan review process above.
D.
Electronic Billboards Within the Freeway Corridor.
1. "Billboard" "Electronic billboard" "Freeway corridor"
For purposes of this section, the following terms shall have the following meanings:
has the same meaning as those advertising displays defined in California Business and Professions Code Section 5202.
means an internally or externally illuminated billboard that utilizes digital message technology capable of instantaneously changing the static message or copy on the sign electronically.
means the area within the City comprised of the land within 300 feet of either edge of the right-of-way of the following freeways: California Interstate Highway 5; California State Route 22; California State Route 55; and California State Route 57.
2.
Notwithstanding any other provision of this code, subject to the discretionary approval of a minor site plan review application above, entry into a relocation agreement with the City in accordance with Business and Professions Code Section 5412, and compliance with the additional requirements set forth below, the owner of an existing billboard within the City may convert a static copy billboard to an electronic billboard, provided such billboard is located within the freeway corridor, subject to approval of a Minor Site Plan Review application pursuant to subsection B above.
3.
In addition to such conditions as may be imposed pursuant to approval of a Minor Site Plan Review application for a billboard relocation pursuant to subsections (B)(3), above, electronic billboards shall be subject to the following criteria and conditions:
a.
An electronic billboard may only be located within the freeway corridor.
b.
Electronic billboards shall comply with all applicable location, distance, size, operational, permit or licensing, and/or other requirements or limits imposed by federal, state or local law, including, without limitation, the California Outdoor Advertising Act, California Business and Professions Code Section 5200 et seq., and its implementing regulations, including applicable amendments thereto. To the extent a conflict arises between any provisions of this section and applicable federal, state or local law, unless otherwise preempted, local law shall control.
c.
Each sign face of an electronic billboard shall be oriented primarily for viewing from the freeway corridor and away from any residentially zoned property.
d.
No electronic billboard shall be located on or within 300 feet of any property zoned single-family residential, as measured from the base of the structural support column of the electronic billboard to nearest property line.
e.
Each electronic billboard proposal must have undergone the proper level of environmental analysis required under the California Environmental Quality Act.
E.
No electronic billboard shall be located within 500 feet of any other billboard located on the same side of the freeway or within 1,000 feet of any other electronic billboard or on-premises electronic sign located on the same side of the freeway.
F.
The permitted height of an electronic billboard shall be determined through the Minor Site Plan Review process and shall be limited to the maximum height necessary to ensure adequate visibility of the display from the freeway corridor, however in no event shall an electronic billboard exceed 60 feet in height, as measured from finished grade to the top of the billboard structure, or in the case of the conversion of an existing billboard, the height of the existing billboard, whichever is greater.
G.
The area of each electronic billboard sign face, including framing and trim, shall not exceed 680 square feet.
H.
Electronic billboard displays shall contain still or static messages or images only, and no part of the sign structure or image being displayed may move or present the appearance or optical illusion of movement, or include flashing, blinking, or traveling lighting, the varying of light intensity, or any other means not providing constant illumination. Each static message or image shall be displayed for a minimum of eight consecutive seconds before changing, and the transition or blank screen time between one display message and the next shall not exceed one second.
I.
The maximum intensity of light output produced by an electronic billboard display shall not exceed 0.3 foot-candles above the ambient light level at any time, as measured using a foot-candle meter at a distance of 250 feet, and shall otherwise comply with Section 5403(g) of the Outdoor Advertising Act and Section 21466.5 of the California Vehicle Code.
J.
Electronic billboard owners and/or operators shall make space available for the display of emergency messaging in accordance with local, regional, and/or state protocols.
K.
As a condition to approval of the relocation and/or conversion of a billboard to an electronic billboard, the owner of the electronic billboard shall execute a relocation agreement with the City pursuant to California Business and Professions Code Section 5412 on terms approved by the City Council in its sole and absolute discretion. At a minimum, such a relocation agreement shall: (1) require the permanent removal of a minimum of five existing billboard faces within the City or visible from a City street for each relocated electronic billboard consisting of two faces; (2) provide for mitigation by the owner of aesthetic and/or other impacts caused by the electronic billboard(s); (3) require the owner to comply with any and all required mitigation measures, conditions of approval, and applicable provisions of this section and this code; (4) require notice to be mailed to all residential property owners located within 500 feet of the proposed electronic billboard installation, 14 days prior to City Council consideration of the relocation agreement; (5) provide for the payment by the owner of applicable fees and costs; (6) require each owner to indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgments, including any reasonable attorney's fees and court costs, that may arise from the approval of the relocation and/or conversion of a billboard to an electronic billboard and/or the removal of other existing billboards, pursuant to this section or any other provision of the code, subject to the terms of the agreement; (7) require the owner(s)/operator(s) of the electronic billboard to donate up to 10% of the total advertising time on the electronic billboard to community events, as requested by the City Manager; and (8) any other terms and conditions the City may find reasonable in approving said agreement, and consistent with applicable law. Nothing herein shall be construed to require the City to enter into such an agreement or to allow the relocation of an existing billboard or the conversion of an existing billboard to an electronic billboard.
L.
The owner of an electronic billboard authorized pursuant to this section may, at its sole option, remove the digital display from the billboard structure at any time, for any reason, and temporarily or permanently replace such digital display with state-of-the-art non-electronic static sign faces of the same or smaller dimensions.
(Ord. 1-19, 2019)