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Villa Park City Zoning Code

ARTICLE 23

16.- SIGNS

Sec. 23-16.1.- Purposes.

The location, height, size and illumination of permanent exterior signs are regulated in order to maintain the attractiveness and orderliness of the City's appearance; to protect property and business sites from loss of prominence resulting from excessive signs on nearby sites; to protect the public safety and welfare.

(Ord. #93-418, § 2; Ord. #2010-558, § 2)

Sec. 23-16.2. - Administrative Procedures.

a.

Permit Required. A sign permit shall be obtained from the Planning Department prior to the placing, erecting, moving or displaying of any permanent exterior roof, wall, fascia, pedestrian-oriented, or freestanding sign. A sign permit shall also be obtained prior to the reconstruction, alteration or change of copy of any existing permanent exterior signs. A building permit and/or electrical permit may also be required.

b.

Application Procedures. Application for sign permits shall be made on forms provided by the City and shall be accompanied by the following material:

1.

Sign elevation shall indicate overall area and letter/figure dimensions, colors, materials, sign dimensions, proposed copy, and illumination characteristics.

2.

Site plan shall indicate all signs existing or proposed for the site with locations, dimensions, colors, materials, copy, and illumination characteristics for each sign.

3.

Building elevations shall be provided with all signs depicted.

4.

Other information shall be included as the Planning Department may reasonably require in order to determine compliance with all provisions of this Code.

c.

Review of Sign Applications.

1.

General. The Planning Department shall review all sign applications for compliance with the standards set forth in this Article and with the Sign Design Guidelines adopted by City Council resolution. Applications shall be reviewed within fifteen (15) days of filing. The Planning Department shall recommend: (a) approval, (b) approval with modifications, or (c) denial of any application in accordance with the provisions established by this article. A decision by the Planning Department may be appealed to the City Council in the manner provided by this Code.

2.

No activity that has nonconforming signs may be authorized additional signs except as a replacement of the nonconforming signs with signs that comply with the provisions of this Code.

d.

Fees. No sign permit shall become valid until the applicant has paid a sign fee in accordance with the fee schedule established by Council resolution. Sign fees shall be assessed on a per square foot basis. Fees shall also be established for change of copy on existing fixtures, variances, appeals and deposits for removal of exempt signs.

(Ord. #82-323, § 23; Ord. #93-418, § 2; Ord. #2010-558, § 2)

Sec. 23-16.3. - General Provisions.

a.

Uncertainty of Section Provisions. Whenever the regulations in this article are uncertain due to ambiguity of the provisions, the application shall be referred to the City Council for a determination. The Council shall then authorize signs that best fulfill the intent of this article.

b.

Exempted Signs. The following signs, if not illuminated, are allowed in all districts with no permit required:

1.

Governmental or other legally required posters, notices, and signs.

2.

Interior signs as defined by this Code.

3.

Charitable posters and notices for a period not to exceed thirty (30) days before and seven (7) days following an event.

4.

Posters and signs for lost domestic pets for a period of seventy-two (72) hours as long as said poster or sign is of a reasonable size and does not visually obstruct traffic.

c.

Abatement of Signs Relating to Inoperative Activities. Signs pertaining to enterprises or occupants that are no longer involved with a property shall be removed from the premises, within thirty (30) days after the associated enterprise or occupant has vacated the premises. Any such signs not removed within the required period shall constitute a nuisance and shall be subject to summary abatement procedures pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be recovered by a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing. If, after such opportunity for hearing, the City Manager or designated representative, orders agents of the City to remove the nuisance, they shall have the authority to enter upon the private property to remove the signs constituting the nuisance. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided by law.

d.

Prohibited Signs. Any sign not expressly permitted by Article 23-16 shall not be permitted and shall be deemed a violation.

e.

Sign Area Measurement. The area of a sign shall be measured within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of letters, emblems, logos, or any similar character, together with any material or background forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area.

Exhibit 23-16.3 e (a)

f.

Sign Height Measurement. The height of a freestanding sign shall be measured from the highest part of the sign, including any decorative features, to the lowest existing surface grade beneath the sign.

g.

Sign Removal or Replacement. When a sign is removed or replaced all brackets, poles, and other structural elements that supported the sign that are not being used shall be removed. Affected building surfaces shall be restored to match the adjacent portion of the building.

(Ord. #82-323, § 23; Ord. #93-418, § 2; Ord. #2009-548, § 1; Ord. #2010-558, § 2)

Sec. 23-16.4. - C-N (Commercial) Zone.

a.

Roof Signs.

1.

Permitted Signs. Commercial activities in one-story buildings shall be permitted to have roof signs, except for activities in excess of one hundred and forty (140) feet of frontage, which shall be allowed wall-mounted signs only.

2.

Number of Signs. Each eligible activity shall be permitted one (1) roof sign per frontage with a maximum of three (3) roof signs.

3.

Sign Type. Only channel-type, open, individual letters are permitted.

4.

Sign Area. The maximum area allowed for a roof sign shall be one (1) square foot of sign area per each lineal foot of business (bay) frontage. However, no sign shall exceed a total of thirty (30) square feet in area for a single tenant space. Where a business occupies multiple suites, the sign area shall be increased to allow the tenant to install a sign equal to one (1) square foot of sign area per each lineal foot of the combined frontage. This exception shall be subject to the review and approval of the City Manager.

5.

Sign Height. The typical letter height shall not exceed eighteen (18) inches. However, in order to allow and encourage creativity and artistic design: Ascending and descending letters; creative logos; corporate taglines and backgrounds may exceed the letter boundary with the review and approval of the City Manager. The overall height of the sign measured from the bottom of the sign (including any electrical raceway, other support structure, or the sign background) to the upper most part of the sign shall not exceed twenty-four (24) inches.

6.

Location. Signs shall be located within the middle fifty (50) percent of the building or occupancy's frontage measured from lease line to lease line.

7.

Electrical Raceways. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree feasible. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. The Planning Department may approve a different color if such color would make the raceway less visible.

8.

Colors. Signs shall be limited to a maximum of three (3) colors per sign, except for federally regulated trademarks.

9.

Illumination.

(a)

Signs may be illuminated by either an interior or exterior source. External light sources shall be shielded from view and shall be directed in such a manner to illuminate only the sign face. Light spill beyond the sign letters, or the sign's back panel shall not be permitted.

(b)

Each illuminated sign shall be provided with a dimming device to control the intensity of illumination unless it can be clearly demonstrated that a dimming device is not compatible with the particular type of illumination being proposed.

(c)

Signs that appear overly bright shall be dimmed or the source of illumination shall be changed to a lesser intensity when required by the Planning Department.

b.

Balcony Fascia Signs.

1.

Permitted Signs. Commercial activities in two-story buildings shall be permitted to have balcony fascia signs.

2.

Number of Signs. Each eligible activity shall be permitted one (1) balcony fascia sign.

3.

Sign Area and Height. A balcony fascia sign shall not exceed five (5) square feet and twelve (12) inches in height.

4.

Lettering. Lettering shall not exceed eight (8) inches in height.

5.

Colors. Colors shall be compatible with those of the principal building.

6.

Illumination. Not allowed.

7.

Installation. Balcony fascia signs shall be installed parallel with the building being addressed. First-story fascia signs shall be suspended from the balcony above. Second-story fascia signs shall be suspended below the building fascia.

c.

Freestanding Signs.

1.

Permitted Signs. Freestanding signs shall be permitted only for tenants with one hundred forty (140) feet or more of building frontage with the approval of a conditional use permit. Freestanding signs include only pylon-type signs, which may have either a solid base or a base comprised of two (2) legs.

2.

Height. The height of a freestanding pylon sign shall not exceed thirty (30) feet measured from the existing surface grade beneath the sign or the top of the adjacent curb, whichever is lower.

3.

Area. The sign area of a freestanding pylon sign shall not exceed one hundred (100) square feet.

4.

Setback. Freestanding signs shall be set back a minimum of five (5) feet from a street and a minimum of ten (10) feet from the edge of a driveway. Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area.

5.

Letter Size. To ensure the readability of freestanding signs, the minimum letter size allowed shall be eight (8) inches. Sign copy shall not be located closer than one-half-letter height to the sign edge or other line of copy.

6.

Design. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site.

7.

Landscaping. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to the area of one (1) face of the sign or seventy-five (75) square feet, whichever is greater. The City Manager may waive or modify this requirement to take into account existing conditions.

d.

Wall-Mounted Signs.

1.

Permitted Signs. One (1) wall-mounted sign shall be permitted for tenants with one hundred forty (140) feet or more of building frontage.

2.

Area. The maximum sign area of a wall sign shall be eighty (80) square feet.

3.

Height. A wall sign shall not extend above the highest point of a pitched roof, mansard roof, or parapet line of a building.

4.

Location. Signs shall be located within the middle fifty (50) percent of the building or occupancy's frontage measured from lease line to lease line.

e.

Professional Service Wall/Door Plaques.

1.

Permitted Signs. Professional service activities shall be permitted to display wall/door plaques.

2.

Number Signs. Each occupant shall be permitted one (1) name plaque and one (1) specialty plaque.

3.

Sign Area. Each wall plaque shall not exceed one (1) square foot.

4.

Color. Plaques shall be antiqued bronze in color.

5.

Illumination. Not allowed.

6.

Location. Plaques shall be installed parallel to and upon the wall or door.

f.

Glass Door Signs.

1.

Permitted Signs. Signs indicating business activities shall be permitted on glass doors.

2.

Lettering. Lettering shall not exceed three (3) inches in height.

3.

Copy. Copy shall be limited to the following, in English:

(a)

Business name.

(b)

Days and hours of operation.

(c)

Emergency telephone numbers.

4.

Decals. Business-related decals shall be permitted. Total decal area shall not exceed one (1) square foot.

g.

Window Signs.

1.

Permitted Signs. Signs indicating business activities shall be permitted on windows.

2.

Copy. Copy shall be restricted to one (1) or a combination of the following:

(a)

Business name.

(b)

Days and hours of operation.

(c)

Products and services offered.

(d)

Emergency telephone numbers.

3.

Lettering. Letters shall not exceed ten (10) inches in height.

4.

Sign Area. The total sign area shall not exceed twenty-five (25) percent of the total window area. A minimum of seventy-five (75) percent of the total window area shall be unobstructed.

5.

Decals. Decals shall be included in the maximum permitted sign area.

6.

Optional Window Sign. A wood or simulated wood carved or relief style sign may be mounted or hung inside and parallel to the window. Said sign shall not exceed six (6) square feet and shall be of standard type letters and colors. Optional window signs shall be included in the maximum permitted sign area.

h.

Awning Signs.

1.

Permitted Signs. Signs indicating business names or activities shall be permitted on awnings.

2.

Number Signs. Each occupant shall be permitted a maximum of two (2) signs placed on awnings. There is no limit to the number of awnings.

3.

Lettering. Lettering shall not exceed six (6) inches in height.

4.

Material. Awnings shall be matte finish canvas. Vinyl awnings are prohibited.

5.

Illumination. Not allowed.

6.

Location. Awnings may be placed only above windows and shall not project more than twelve (12) inches from the window frame.

i.

Pedestrian-Orientated Projecting Signs.

1.

Permitted Signs. One (1) pedestrian-oriented projecting sign for each business.

2.

Number of Signs. One (1) unlighted sign per business indicating the generic or business name only.

3.

Type of Sign. Signs may be wood with painted letters, carved wood or carved PVC, or cut out metal. Signs shall be supported by simple metal brackets of uniform design and shall be painted black.

4.

Sign Area. Signs shall not exceed eighteen (18) inches by eighteen (18) inches in area.

5.

Location. Signs shall be located adjacent to the main entrance to the business and shall project from the building surface perpendicular to the sidewalk. Projecting signs shall not extend more than two (2) feet beyond the face of the building. There shall be a minimum of seven (7) feet of clearance beneath projecting signs.

Exhibit 23-16.4 (b)

j.

Direction Signs for Drive-through Facilities.

1.

Permitted Signs. One (1) freestanding or building-mounted sign shall be permitted for each use having a vehicle drive-through facility.

2.

Sign Area and Height. Signs shall not exceed four (4) square feet in area and freestanding signs shall not exceed three (3) feet in height.

3.

Location. Signs shall be located near the entrance to the drive-through facility.

k.

Neon and Light-emitting Diode (LED) Signs in Windows.

1.

Permitted Signs. The following interior signs are permitted. No other neon or LED signs shall be permitted. Exterior neon or LED signs are not permitted.

(a)

One (1) interior neon or LED sign per business location indicating that the establishment is open for business shall be permitted. Such sign shall contain only the word "OPEN." The sign shall not exceed four (4) square feet in area.

(b)

One (1) interior neon or LED sign per business location indicating a generic product or service shall be permitted. The sign shall not exceed four (4) square feet in area.

2.

Brightness. The output of neon lamps shall not exceed thirty (30) milliamperes.

l.

Temporary Banners.

1.

Permitted Banners. Banners relating to grand openings, sales, and ownership changes shall be permitted.

2.

Number of Signs. One (1) banner per exposed side or store front shall be allowed and may be hung either inside or outside the establishment.

3.

Area. Banners shall not exceed four (4) feet by twelve (12) feet.

4.

Time Period. Banners are permitted for a period not to exceed thirty (30) days and shall display the date of installation in a prominent location.

m.

Seasonal Decorations.

1.

Temporary Display. Seasonal decorations and seasonal exterior artistic paintings shall be temporary in nature.

2.

Time Period. The display of seasonal decorations and seasonal exterior artistic paintings shall be limited to a period of not more than forty (40) days.

(Ord. #82-323, § 23; Ord. #84-336, § 3; Ord. #93-418, § 2; Ord. #2008-531, § 2; Ord. #2010-558, § 2; Ord. #2012-571, § 1)

Sec. 23-16.5. - Residential Zones.

a.

Neighborhood Identification Signs. Neighborhood identification signs may be authorized by the Planning Department for residential areas that include at least five (5) acres of land area. Prior to approval of neighborhood signs, the Planning Department shall first determine that the proposed sign is compatible with the area being identified.

(Ord. #82-323, § 23; Ord. #2010-558, § 2)

Sec. 23-16.6. - Special Regulations.

Certain activities and geographic areas have unique signing needs. In order to provide the appropriate level of signing for businesses and locations which have special requirements, the City Council may adopt such regulations as necessary to carry out the intent of this section. Once adopted, special regulations shall be uniformly applied to all uses within the defined classification.

a.

Gasoline Service Stations. Gasoline service stations, because of their unique merchandising methods and easily recognizable design, are subject to the following requirements:

1.

Wall Signs. The aggregate area of all wall signs shall not exceed forty (40) square feet. Official repair station signs shall be within the allowable aggregate area.

2.

Price Sign. Two (2) non-illuminated price signs not to exceed ten (10) square feet in area shall be authorized. Credit card logos may be attached.

3.

If the criteria set forth by this subsection may impair pedestrian or vehicular visibility, the City Council shall require the necessary modification to assure public safety.

b.

Commercial business activities in the C-N Commercial Zone that meet all of the following criteria may be permitted exterior building signs and awning signs in accordance with the provisions of subsection c, below:

1.

The business activity has attained national or regional name recognition as a singular business activity, as determined by the Planning Department.

2.

The business activity has adopted uniform sign identification, including name, sign content, type style, logo style and color, as determined by the Planning Department.

3.

The business activity occupies a minimum of three thousand (3,000) square feet of enclosed, contiguous building area in the C-N Commercial Zone.

c.

Each business activity meeting the criteria set forth in subsection b, above, may be permitted individualized, exterior building signs and awning signs in accordance with the following requirements:

1.

Number of Signs. Each eligible activity shall be permitted one (1) exterior building sign per frontage with two (2) signs maximum and up to two (2) awning signs.

2.

Size of Signs. Exterior building signs shall be proportionate to the exterior dimensions of the structure occupied, as determined in accordance with the provisions of Article 23-9, "Architectural Supervision."

3.

Location of signs, sign content, type style, logo style and sign colors shall be as determined in accordance with the provisions of the Sign Design Guidelines.

(Ord. #88-377, § 1; Ord. #2010-558, § 2)

Sec. 23-16.7. - Temporary Signs.

Temporary signs mean a sign erected for a temporary purpose attracting attention to an activity as provided for within this chapter and includes any political sign.

a.

Temporary signs are subject to the following criteria:

1.

Illumination. Temporary signs shall be non-illuminated, either internally or externally.

2.

Size. Temporary signs, including real estate signs, shall not exceed six (6) square feet in total area for one (1) side. No sign shall exceed seven (7) feet in total height from the finished or natural grade where the sign is placed in a front yard setback and ten (10) feet in total height in a rear or side yard setback (exhibit 23-16.7(a)(2)). Nothing in this section shall prohibit the use or display of on site commercial signage or banners consistent with section 23-16.4(l).

3.

Placement. No person shall affix a temporary sign on any traffic signal, utility pole or box, traffic control device, or public tree. Furthermore, temporary signs shall not be located within, median, public property or within a public park area. Public right-of-way within residential districts is the first seven (7) feet behind the curb line and temporary signs are allowed within this area. (exhibit 23-16.7 (a)(3)) Real estate signs shall be limited to one (1) per building site.

4.

Permission for Placement. Vacant private property shall require written permission of the property owner prior to the placement of any sign. Property that is occupied shall only require verbal permission from an adult resident of the property over the age of eighteen (18) years. Permission is required for placing signs within the defined public right-of-way of private properties. Commercial property in which a sign is placed within a store front window shall require permission of the lease holder; signs attached to the ground or to the building require building owner permission. Temporary, non-political signs over 6 square feet within the residential zone are not allowed.

5.

Visibility Obstructions. Temporary signs shall not be installed or maintained in any manner so as to impede vehicles or the vision of drivers and pedestrians, or permitted parking adjacent to curb, pedestrian walkways, hinder disabled access, or constitute a hazard to or endanger persons using the sidewalks or recreation trails.

6.

Liability. Any person, party or group posting such temporary signs shall be liable to the City of Villa Park, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign.

7.

Timeline. All temporary signs pertaining to a particular event or election day shall not be erected more than forty-five (45) calendar days prior to the event to which the sign pertains and shall be removed within five (5) calendar days after the date of the event or election day.

8.

Abatement. If the City Manager or any designated representative finds that any temporary sign has been posted or is being maintained in violation of the provisions of this section, the responsible party shall be given notice to remove said sign(s) within twenty-four (24) hours from the time of said notice. The notice, which may be either a verbal notification or a written notice, shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign(s), the City may cause said sign(s) to be removed without further notice. If the responsible party for the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned. Signs located in the public right-of-way or on public property may be removed by the City without notice.

9.

Abandonment. Any temporary sign that remains posted for more than six (6) calendar days after the event or election to which it pertains shall also be deemed abandoned. The City Manager or any assigned designee may cause such abandoned signs, and any signs which constitute an immediate peril to persons or property, to be removed summarily and without prior notice. The City shall assess a charge against any person, candidate, entity, party or group posting or placing signs in violation of this section for all costs incurred in the removal.

10.

Theft. It shall be considered "theft" to remove a temporary sign by anyone other than a City official in the act of abatement due to violation of this Section. Private property owners may remove signage from their property or the defined public right-of-way maintained by the owner at any time. Those who otherwise remove a legally placed temporary sign without permission from the person or organization that placed the sign shall be in violation of criminal codes associated with theft and/or trespass.

11.

Sign Identification. For temporary signs that are political, the candidate, committee, or any other authorized person posting temporary signs shall insure that all signs include the name and address or the required committee identification number of the campaign or political organization that paid for the sign ("identification requirements"). Temporary signs of a commercial nature require a contact phone number and address. The identification requirements shall be permanently affixed to the sign in a manner that allows the City Manager or any designated representative, to ensure that the identification requirements will remain affixed to the sign during the duration of the campaign or event.

12.

Limit per property for certain signs. Temporary signs pertaining to a particular special event or election day must be freestanding, and shall be limited to two (2) signs per property for each event, each candidate, or each measure, except that if a political event or other special event is being held on the property, this sign limit shall not apply for the duration of that event. For the purposes of this section, a double-sided sign shall be considered to be one (1) sign.

b.

Protected speech signs shall be subject to the same criteria as listed in Section 23-16.7(a) with the following exceptions:

1.

Protected speech signs shall be considered temporary and the sign shall not remain posted for more than fifty (50) calendar days. Furthermore, protected speech signs shall not be painted onto a fence or wall, regardless if the message is on private or public property.

Exhibit 23-16.7(a)(2)

Exhibit 23-16.7(a)(3)

Exhibit 23-16.7(a)(3)

(Ord. #2008-531, § 1; Ord. #2011-563, §§ 1—3)