Ordinance - 1950I✓"
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
THE WEST COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), AS
IT RELATES TO PROMOTIONAL EVENTS AND SIGNAGE
(AMENDMENT NO. 259).
WHEREAS, the Zoning Code regulates signage for residential and non-
residential property within the City; and
WHEREAS, changes in marketing and the economy necessitate the review of
promotional event and signage regulations; and
WHEREAS, in December, 1993, the City Council of the City of West Covina
directed the Planning Department to expedite a portion of the Sign Code rewrite relating
to promotional events and signage; and
WHEREAS, at their meeting on January 17, 1994, the Chamber of Commerce
Ordinance and Project Review Committee reviewed and commented on considered
Code changes; an
WHEREAS, at their meeting on February 8, 1994, the Planning Commission
reviewed and commented on considered Code changes and adopted Planning
Commission Resolution No. 2-94-4205 to initiate the procedure for Code Amendment
No. 259; and
WHEREAS, Planning Department staff met with and received comments from
two focus groups that were formed, with the assistance of the West Covina Chamber
of Commerce, to provide input on subject Code amendment; and
WHEREAS, Planning Department staff conducted field studies and a survey of
other cities' ordinances relative to promotional events and signage; and
WHEREAS, at their meeting on August 5, 1994, the Chamber of Commerce
Ordinance . and Project Review Committee reviewed and commented on a revised
outline of proposed Code changes; and
WHEREAS, at their meeting on October 11, 1994, the Planning Commission held
a study session to discuss the proposed changes to the Code and received input by
local business people; and
J
WHEREAS, the Planning Commission, did on the 25th day of October, 1994,
conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, on October 25, 1994, the Planning Commission adopted Resolution
No. 10-94-4256, recommending that the City Council approve Code Amendment
No. 259; and
WHEREAS, the City Council of the City of West Covina considered evidence
presented by the Planning Department, Planning Commission, and other interested
parties at a duly advertised public hearing on the 15th day of November, 1994; and
WHEREAS, the City Council continued the public hearing to the meeting of
December 6, 1994, in order for minor modifications to the text of the amendment at
which time they received additional evidence and testimony; and
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Ordinance No.
Code Amendment No. 259
Promotional Events and Signage
December 20, 1994 - Page 2
WHEREAS, the oral and documentary evidence considered in connection with the
code amendment reveal the following facts:
1. The provisions contained in Code Amendment No. 259 will result in an ordinance
that can better respond to the needs of all businesses by providing reasonable
and equitable regulations for promotional events and signage without
compromising the image and appearance of the City or adversely impacting
nearby residents.
2. By defining and establishing time limits for "minor" and "major" promotional
events, and regulating promotional signage according to the type of promotional
event, Zoning Code regulations will be less confusing and time lines for events
and signage will coincide with one another.
3. A special event permit procedure will provide a means for expedited, over the
counter review of minor promotional events and certain types of signage.
4. Changes in provisions for promotional events and signage will result in expanded
opportunities for promotional events for all businesses and increased flexibility
in the scheduling of such events.
5. Changes in regulations for banners will expand the ability of a business to utilize
banners for promotional events, eliminate time restrictions for banners displayed
by uses with outdoor display, establish appearance and maintenance standards,
permit the display of vertical banners, and provide a means for consideration of
alternative locations for banner placement.
6. Provisions for promotional signage for multiple -family residential developments,
as established in the former urgency ordinance, will permit the display of
banners, flags and/or pennants subject to obtaining a special event permit.
7. A definition of "inflatable signs" will refer to either roof -mounted or ground -
mounted inflated balloons or statuary in spherical and custom shapes.
Opportunities to display inflatable signs will be expanded to include major
promotional events at commercial centers, in addition to uses with designated
outdoor display.
8. Opportunities for balloon displays will also be expanded to include major
promotional events at commercial centers, in addition to uses with designated
outdoor display. Increased height limits for balloon displays by uses with
designated outdoor display will improve visibility from the freeway.
9. An increase in allowable window signage will provide additional signage
opportunities to businesses during a promotional event.
10. There is a need to establish provisions for human signs in the Zoning Code to
provide regulation in the interest of public safety.
11. Provisions for searchlights, which are currently not addressed in the Code, will
permit the use of searchlights in conjunction with a major promotional event.
12. Reasonable standards to control the proliferation of flags and the abuse of flags
as attention getting devices are necessary to maintain the appearance of the
City and prevent adverse impacts on nearby residents.
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Ordinance No. 1950
Code Amendment No. 259
Promotional Events and Signage
December 20, 1994 - Page 3
13. There is a need to establish provisions for portable signs to regulate time
periods, location and size of signs.
14. The display of small signs and promotional devices on cars at uses with
designated outdoor display will provide increased signage opportunities during
a major promotional event.
15. Provisions have been made to provide additional opportunities for commercial
businesses to display banners during the current slow economy by allowing all
businesses to continuously display banners. This provision will terminate on
June 30, 1996, at which time the provides additional standards for banners that
survive beyond that date.
NOW, THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: Based on the evidence presented and findings set forth, the
City Council of the City of West Covina adopts Exhibit A of Code Amendment No. 259
attached hereto and included by reference.
SECTION NO. 2: If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION NO. 3: This ordinance shall be effective thirty (30) days from the date
of adoption.
SECTION NO. 4: This project, which consists of minor alterations in land use
limitations which do not result in changes in land use or density, is a Categorical
Exemption pursuant to Section 15305 (Class 5) of the California Environmental Quality
Act (CEQA) and no Environmental Impact Report is required.
SECTION NO. 5: The City Clerk shall certify to the passage of this ordinance
and shall cause the same to be published as required by law.
PASSED AND APPROVED this 20th day of December, 1994.
Mayor
0 ATTEST:
W1. City Clerk
0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg
0
0
Ordinance No. 1950
Code Amendment No. 259
Promotional Events and Signage
December 20, 1994 - Page 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1950 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 6th day of December, 1994.
That, thereafter said ordinance was duly adopted and passed at a regular meeting of
the City Council on the 20th day of December, 1994 by the following vote to wit:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSENT: None
APPROVED AS TO FORM:
(CQIA O Da'ly V. r ;
City Attorney
0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg
Clerk -
City
EXHIBIT A
ARTICLE II. DEFINITIONS
Sec. 26-23.3. Balloon display.
"Balloon display" means or is an arrangement of one or more balloons which
are individually less than 36 inches in any dimension and inflated with helium or other
hot or cold air or gas, that is tethered at a fixed location and is primarily intended to
draw attention.
Sec. 26-23.5. Banner.
"Banner" means or is any sign made of cloth, heavy duty plastic, or similar
lightweight, flexible material (except paper), attached to or pinned from any structure,
building, staff, pole, line, framing or other object, and used for temporary advertising
purposes. This does not include "flags" which is defined in Sec. 26-53.5.
Sec. 26-53.5. Flag.
"Flag" means or is any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols of a government, governmental agency, political subdivision, or
other entity.
Sec. 26-61.9. Grand opening event.
"Grand opening event" means or is a promotional event held for the purpose of
advertising the original opening of a business, a reopening after closure, change in
business name, or change in ownership.
Sec. 26-69.5. Human sign.
"Human sign" means or is a person or persons acting in a manner to attract
attention to an area, development, or service, in a manner similar to a sign, utilizing
signs, devices, props, or costumes.
Sec. 26-70.5. Inflatable sign.
"Inflatable sign" means or is an inflated balloon or statuary, in the form of any
character, animal, or shape and over 36 inches in diameter in any dimension, made
of vinyl, fabric, cloth, or other similar, lightweight, flexible material, held up by means
of cold air, and primarily intended to draw attention.
Sec. 26-92.30. Pennant.
"Pennant" means or is any lightweight plastic, paper, fabric, or other similar,
flexible material, which may or may not contain any copy, suspended from or
attached to a rope, wire, string, or pole, usually in a series, designed to move in the
wind and is primarily intended to draw attention.
Sec. 26-92.33. Portable sign.
"Portable sign" means or is a temporary sign which is not permanently affixed
to a building, structure, or the�ground, and is capable of being carried or readily moved
from one location to another. This may include, but is not limited to, "A" frame or
sandwich signs, or a sign which leans on a stationary object, building, or structure.
This definition does not apply to banners, flags, and inflatable, vehicle, and hand held
picket signs.
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ARTICLE VII. SIGNS
DIVISION 2. NONRESIDENTIAL OTHER THAN PAR ZONE
Sec. 26-304. Motion.
No sign visible from a public parking area or street shall be constructed or
maintained to flash, rotate, or in any way simulate motion, except that barber
poles shall be permitted to rotate at a speed not to exceed eight (8) revolutions per
minute, and tethered balloons, balloon displays, flags, pennants, and human signs
shall be permitted as provided in this article.
Sec. 26-314. Window Signs.
(a) Signs located within two and one-half (2 1 \2) feet of the window surface
shall be considered window signs and shall be calculated as part of the allowable
window signage in sections 26-322, 26-323, 26-335, 26-336.1, 26-336.2, 26-
336.3, and 26-356.
Sec. 26-315. Signs. requiring Planning Director's approval.
(a) Signs requiring planning director approval pursuant to provisions in this
article shall comply with the following procedures:
(1) The applicant shall submit three (3) copies of a site plan, building
elevations (showing the proposed location of the sign), and sign plans to the
planning department.
a. Information and materials including, but not limited to sign details,
colors, materials, letter style, sign structure, and method of
illumination shall be submitted with said plans.
(2) Said plans shall be accompanied with a filing fee as determined by the
City Council.
(3) The planning director or designee shall review the plans for conformance
with this article and any other applicable sections of the municipal code.
(4) Upon receiving a complete submittal of information, the planning director
or designee shall notify the applicant in writing of any required modifications or
shall approve or deny said plans.
(5) The decision of the planning director or designee shall become final and
effective five (5) calendar days after the date a decision is rendered unless an
appeal, in writing, is filed with the Planning Commission, as set forth in section 26-
212 of this Chapter.
Sec. 26-334.3. Flags.
(a) Flags of a government (except the United States or State of California),
governmental agency, public institution, nonprofit agency, or similar entity, or a
corporate business logo shall be permitted. subject to the following provisions:
(1) Flags may be mounted on a flagpole or flat against the wall of a building.
(2) Flags.mounted against the wall of a building shall not extend above the
parapet wall or roof eave of the building.
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(3) Flags with commercial messages other than corporate logos are
prohibited.
(4) Flags shall .not exceed a maximum size of eight (8) feet (vertical
dimension) and twelve (12) feet (horizontal dimension.
level.
(5) No flag shall overhang any property line or public street right-of-way.
(6) Flagpoles shall comply with setback requirements of the underlying zone.
(7) Flagpoles shall not exceed a maximum height of 50 feet above ground
(8) A maximum of three (3) flags permitted per flagpole.
(9) A maximum of three (3) flagpoles permitted per lot or development.
(10) The planning director shall review and approved plans for the display of
flags as set forth in Section 26-315.
Sec. 26-334.5. Human signs.
(a) Human signs shall not impede traffic or pedestrian circulation, or obstruct
visibility in parking areas, driveways, and on public streets.
Sec. 26-334.7. Portable signs.
(a) One (1) portable sign shall be permitted per business for a period not to
exceed a total of 30 days per calendar year.
(b) Said sign shall not exceed a maximum size of eight (8) square feet and a
maximum height of four (4) feet.
(c) Such signs shall be placed on the property in which the business is
located and shall not obstruct any sidewalk, driveway or parking area, or encroach
upon or overhang adjacent properties or the public street right-of-way.
(d) A special event permit, as established in section 26-614, shall be
obtained prior to the display of any portable sign.
Sec. 26-336. Promotional signs --banners, pennants, and balloon displays; uses
with designated outdoor display on approved precise plans.
(a) The following promotional signs shall be permitted throughout the year
for uses with outdoor display on approved precise plans subject to the following
conditions:
(1) Wall -mounted banners
a. One banner per street frontage.
b. Cumulative square footage of all banners shall not exceed a
maximum of 100 square feet.
C. Banners shall be mounted flat against the exterior wall of the
building.
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i. Requests to display banners in locations other than on
building wall surfaces may be approved in advance by the
Planning Director, for a period not to exceed 30 days per
calendar year, if not in conjunction with a major promotional
event.
d. Banner color shall be consistent with or complimentary to the
color and/or design of the building or shall exhibit the corporate
color(s) of the business or product. No fluorescent colors shall
be permitted.
e. Banners shall be maintained in good condition. Torn, faded,
sagging or detached banners shall be repaired or replaced.
f. A special event permit, as established in section 26-614, shall
be obtained prior to display of any banner.
(2) Balloon displays
a. Balloon displays, consisting of non-metallic balloons less than
36 inches in any dimension, shall not exceed a maximum height
of 60 feet above ground level.
b. Damaged or deflated balloon displays shall be promptly
repaired, replaced or removed from the premises.
C. No permit required.
(3) Pennants
a. Pennants, no larger than three (3) feet, by four (4) feet, may be
mounted on flagpoles attached to parking lot light standards or
fences (but not attached to buildings), spaced no closer than
forty (40) feet on center.
b. No permit required.
(b) Promotional signs and displays shall not obstruct visibility for vehicles
and pedestrians and shall not encroach upon or overhang a public right-of-way or
an adjacent property.
Sec. 26-336.1. Promotional signs --major promotional event; uses with designated
outdoor display on approved precise plans.
(a) In addition to banners, balloon displays, and pennants, as set forth in
Section 26-336, the following temporary promotional signs shall be allowed in
conjunction with a major promotional event for uses with designated outdoor
display on approved precise plans, as set forth below:
(1) Vertical banners
a. A maximum of two (2) vertical banners shall be permitted per
0 parking lot light standard located on the subject site.
b. Banners shall not exceed a maximum size of three (3) feet
(horizontal dimension) and eight (8) feet (vertical dimension).
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C. Banners shall maintain a minimum vertical clearance of fourteen
and one-half (14 1 /2) feet above the ground level directly
beneath the banner in customer parking areas and a minimum
of eight (8) feet above ground level directly beneath the banner
in areas designated for display.
(2) Inflatable signs
a. One (1) inflatable sign, in a spherical or custom shape, may be
mounted flush against the roof of a building or on the ground.
i. Roof -mounted inflatable signs shall not exceed a
maximum height of 30 feet above the peak of the roof and a
width of 40 feet or the width of the building, whichever is less.
ii. Ground -mounted inflatable. signs shall not exceed a
maximum height of 30 feet above ground level and a width of
40 feet.
iii. Inflatable signs shall not be helium -filled or lighter than
air.
(3) Signs and promotional devices on cars.
a. Signs placed on individual cars shall not exceed six (6) square
feet.
b. Individually strung balloons (less than 36 inches in diameter)
may be tied to car antennas.
(4) Window signs
a. The amount of allowable window signage, as permitted in
sections 26-322 and 26-335, may be increased during a
promotional event as set forth below:
Building/store Window area Maximum sign
frontage (lineal ft.) for signage area (sq. ft.)
20 or less 50% 100
21 to 30 45% 125
31 + 40% 150
(5) Attention attracting devices not specifically listed in this article, such as
searchlights, pennants and streamers may be permitted at the discretion of the
planning director.
(b) Promotional signs and displays shall not obstruct visibility for vehicles
and pedestrians and shall not encroach upon or overhang a public right-of-way or
an adjacent property.
(c) Promotional signs, as set forth in this section, shall be reviewed and
approved as a part of the temporary use permit for the promotional event.
(d) No sign permit required for signs permitted pursuant to this section.
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Sec. 26-336.2.. Promotional signs --major promotional event; commercial center
and business on its own site (not in P-B, O-S and I-P zone).
(a) The outdoor display and sale of merchandise and temporary signs relating
thereto during a major promotional event, as permitted under Section 26-609 and
requiring a temporary use permit, may be permitted for any commercial center and
a business on its own site (not in P-B, 0-$ and I-P zones) as set forth below:
(1) Banners
a. One banner per street frontage.
b. Wall -mounted banners shall not exceed one (1) square foot for
every lineal foot of building frontage or 60 square feet,
whichever is less.
C. Banners displayed in locations other than against the building
wall shall not exceed 50 square feet.
d. Banners shall be maintained in good condition. Torn, faded,
sagging or detached banners shall be repaired or replaced.
e. Banner color shall be consistent with or complimentary to the
color and/or design of the building or shall exhibit the corporate
colors of the business or product. No fluorescent colors shall
be permitted.
f. In addition to wall -mounted or freestanding banners, vertical
banners may be mounted on parking lot light standards located
on the subject site.
i. A maximum of two (2) vertical banners shall be permitted
per light standard.
ii. Banners shall not exceed a maximum size of three (3)
feet (horizontal dimension) and eight (8) feet (vertical
dimension).
iii. Banners shall maintain a minimum vertical clearance of
fourteen and one-half (14 1 /2) feet above the ground level
directly beneath the banner.
(2) Inflatable signs
a. One (1) inflatable sign, in a spherical or custom shape, may be
mounted flush against the roof of a building or on the ground.
i. Roof -mounted inflatable signs shall not exceed a
maximum height of 30 feet above the peak of the roof and a
width of 40 feet or the width of the building, whichever is less.
ii. Ground -mounted inflatable signs shall not exceed a
maximum height of 30 feet above ground level and a width of
40 feet.
iii. Inflatable signs shall not be helium -filled or lighter than
air.
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(3) Balloon displays
a. Balloon displays, consisting of non-metallic, balloons not
exceeding 36 inches in any dimension, shall not exceed a
height of 35 feet above ground level.
b. Damaged or deflated balloon displays shall be promptly
0 repaired, replaced or removed from the premises.
(4) Window signs
a. The amount of allowable window signage, as permitted in
sections 26-322 and 26-335, may be increased during a
promotional event as set forth below:
Building/store Window area Maximum sign
frontage (lineal ft.) for signage area (sq. ft.)
20 or less 50% 100
21 to 30 45% 125
31 + 40% 150
(5) Attention attracting devices not specifically listed in this article, such as
searchlights, pennants, and streamers may be permitted at the discretion of
the planning director.
(b) Promotional signs and displays shall not obstruct visibility for vehicles
and pedestrians and shall not encroach upon or overhang a public right-of-
way or an adjacent property.
(c) Promotional signs, as set forth in this section, shall be reviewed and
approved as a part of the temporary use permit for the promotional event.
(d) No sign permit required for signs permitted pursuant to this section.
Sec. 26-336.3. Promotional signs --minor promotional event; commercial business
(not in P-B, O-S and I-P zone).
(a) Except in P-B, 0-S or I-P zones, the outdoor display and sale of
merchandise and temporary signs relating thereto during a minor promotional
event, as permitted under. Section 26-614.1 and requiring a special event permit,
may be permitted for a commercial business as set forth below:
(1) Banners
a. One (1) wall -mounted banner with a maximum size of one (1)
square foot for every lineal foot of building frontage, or 60
square feet, whichever is less shall be permitted per business.
b. Banners shall be maintained in good condition. Torn, faded,
sagging or detached banners shall be repaired or replaced.
C. Banner color shall be consistent with or complimentary to the
color and/or design of the building or shall exhibit the corporate
colors of the business or product. No fluorescent colors shall
be permitted.
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(2) Balloons
a. Non-metallic balloons, not exceeding 36 inches in any
dimension, may be attached to merchandise displays or
attached to the exterior of the building provided the balloons
not extend above the roof line of the building or beyond the
lease boundaries of the business.
(3) Window signs
a. The amount of allowable window signage, as permitted in
sections 26-322 and 26-335, may be increased during a
promotional event as set forth below:
Building/store Window area Maximum sign
frontage (lineal ft.) for signage area (sq. ft.)
20 or less 50% 100
21 to 30 45% 125
31 + 40% 150
(4) Attention attracting devices not specifically listed in this article, such as
pennants and streamers may be permitted at, the discretion of the planning
director.
(b) Promotional signs and displays shall not obstruct visibility for vehicles
and pedestrians and shall not encroach upon or overhang a public right-of-
way or an adjacent property.
(c) Promotional signs, as set forth in this section, shall be reviewed and
approved as a part of the special event permit for the promotional event.
(d) No sign permit required for signs permitted pursuant to this section.
Sec. 26-339. Banners; commercial businesses (not in P-B, O-S and I-P zone).
(a) Except as otherwise specifically provided in this chapter, banners may be
placed on the outside of commercial buildings subject to the approval of a special
use permit, as established in Section 26-614, subject to the following provisions:
(1) One (1) wall -mounted banner with a maximum size of one (1) square
foot for every lineal foot of building frontage, or 100 square feet, whichever
is less shall be permitted per business.
(2) Banners shall be mounted flat against the exterior wall of the building.
(3) Banners shall be maintained in good condition. Torn, faded, sagging or
detached banners shall be repaired or replaced.
(4) Banner color shall be consistent with or complimentary to the color
and/or design of the building or shall exhibit the corporate colors of the
business or product. No fluorescent colors shall be permitted.
(b) Pennants, no longer than three (3) feet, by four (4) feet, mounted on
flagpoles attached to parking lot light standards or fences (but not attached to
buildings), spaced no closer than forty (40) feet on center, shall be allowed for a
business located on a seventy-five thousand (75,000) square foot or larger site,
that has an approved precise plan designating a minimum of four thousand (4,000)
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t
0
square feet of the site for "outdoor display" area as allowed under the provisions
of section 26-597 of this chapter, and a minimum of twenty five thousand
(25,000) square feet of vehicular storage, or parking area.
(c) This section shall be in effect until June 30, 1996 at which time it shall
terminate.
DIVISION 4. RESIDENTIAL
Sec. 26-372.5. Promotional signs (MF-8, MF-15, MF-20 and MF-45 zones).
(a) In MF-8, MF-15, MF-20 and MF-45 zones, promotional signs, for the
purpose of advertising the lease or rental of available dwelling units, shall be
permitted subject to the following provisions:
(1) Banners
a. One (1) banner per street frontage.
b. The banner(s) shall be attached flat against a building, facing
the abutting street right-of-way. The banner(s) must be located
below the top of a parapet wall or below the roof eave of the
building.
C. The copy on the banner(s) shall be limited to the name of the
owner or leasing agency, the agency logo, telephone number,
and phrases "for lease, rent, now available" or other similar
messages.
d. Banner color shall be consistent with or complimentary to the
color and/or design of the building or shall exhibit the corporate
color(s) of the business. No fluorescent colors shall be
permitted.
e. The maximum banner size shall be 3 feet by 15 feet.
f. The banner(s) shall be maintained in good condition. Torn,
faded, sagging, or detached banners shall be repaired or
replaced.
(2) Flags or pennants
a. Flags/pennants shall be permitted on a pole not to exceed
fifteen (15) feet in height. Flags/pennants shall not be attached
to any building, fence or structure.
b. No more than one flag/pennant shall be permitted for each forty
(40) linear feet of street frontage.
C. The size of flags/pennants shall not exceed two (2) feet by
three and one-half (31/2) feet.
d. Flags/pennants shall not include more than three (3) colors on
any given parcel.
e. Flag/pennant stiffeners shall not be permitted.
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9
f. Flags/pennants shall be maintained in good condition. Torn,
faded, sagging, or detached flags/pennants shall be repaired or
replaced.
(b) A special event permit, as established in section 26-614, shall be
obtained prior to the display or change of any promotional signs permitted in this
section.
ARTICLE XI. NONRESIDENTIAL USES
Sec. 26-602. Temporary uses --Temporary use permit required.
No temporary use provided for in this section shall be permitted, commenced
or engaged in, however, until a written permit therefor has been obtained from the
planning director. A temporary use permit committee consisting of the license
collector, city engineer, risk manager, chief of police and fire chief, or their
respective deputies or assistants when so authorized, shall review applications for
a temporary use permit and shall make recommendations to the planning director
including any conditions of approval. Any applicant may appeal the action or
decision of the planning director to the city council within fifteen (15) days after
such action or decision in which case the city council shall have the power of
denying or granting such permit and setting forth any applicable conditions relating
thereto. Any such permit shall be void unless such conditions are complied with.
The planning director shall make a decision within fifteen (15) days after
acceptance of a written application as complete. To approve the application, the
planning director or council shall find that the site is adequate to accommodate
such use and that such proposed use, under the conditions imposed, will not have
a substantial adverse effect upon the use or enjoyment of property in the
neighborhood of the proposed use or upon the public safety, health or general
welfare. No formal public hearings need be conducted nor any notice given except
to the applicant in connection with the granting or denial of such permit.
Sec. 26-609. Temporary uses --Major Promotional event; commercial center and a
business on its own site (not in P-B, O-S and I-P zones).
(a) Major promotional event shall mean an outdoor or grand opening event
where outdoor display, sale or dispensing of merchandise or food, temporary signs,
and/or activities relating thereto, conducted wholly on private property, may
encroach into any driveway, parking or landscape areas.
(b) A major promotional event may be permitted for a commercial center (not
in P-B, O-S and I-P zones) or a business on its own site subject to the following
conditions:
(1) No more than two (2) such events shall be permitted in any calendar
year.
(2) No such event shall be permitted to start within fourteen (14) days of
the end of the previous such event.
(3) No more than a total of twenty (20) days shall be permitted for such
events in any calendar year.
(4) Grand opening events shall be held within six (6) months of the original
opening of the business or the effective date of.the business name change.
(5) Events held by commercial centers shall be centerwide.
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(6) Temporary promotional signage may be permitted as set forth in Section
26-336.2.
(7) Such other conditions as deemed by the planning director to be
necessary and reasonably relate to the provision of adequate parking, access for
public safety personnel, security, and maintenance of the health, safety, and
general welfare of the community.
(c) The fee for the permit shall be paid as established by a resolution of the
city council.
Sec. 26-609.5. Temporary uses --Major Promotional event; uses with designated
outdoor display areas on approved precise plans.
(a) The outdoor display, sale or dispensing of merchandise or food,
Temporary signs, and/or activities relating thereto, during major promotional events
(see definition in Section 26-609) conducted wholly on private property, may be
permitted for a business located on a seventy-five thousand (75,000) square foot
or larger site that has an approved precise plan designating a minimum of four
thousand (4,000) square feet of the site for "outdoor display" area, as allowed
under the provisions of section 26-597 of this chapter, subject to the following
conditions:
(1) Events are permitted 64 days per calendar year, with a maximum of 14
days per event.
a. The planning director may limit the duration of certain events
that are determined to have a potential adverse impact on
surrounding areas. These events may include, but are not
limited to catered events and events with outdoor amusement
or live entertainment.
(2) No such event shall be permitted to start within fourteen (14) days of
the end of the previous such event.
(3) Grand opening events shall be held within six (6) months of the original
opening of the business, a reopening after closure, change in ownership, or the
effective date of the business name change.
(4) Temporary promotional signage may be permitted as set forth in Section
26-336.1.
(5) Such other conditions as deemed by the planning director to be
necessary and reasonably relate to the provision of adequate parking, access for
public safety personnel, security, and minimization of potential adverse impacts on
surrounding areas.
.(b) The fee for the permit shall be paid as established by a resolution of the
city council.
Sec. 26-614. Special event --Special event permit required.
(a) No special event, as established under this section, and/or promotional
signs as required under Article VII Signs shall be permitted, commenced or installed
until the business owner, property owner, or property manager obtains a special
event permit from the planning department. An application for a special event
permit shall be filed with the planning department on the forms prescribed by the
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planning department. The application shall be accompanied by a fee established by
the city council. The planning director or designee shall review said application for
compliance with applicable provisions of the municipal code and shall make a
recommendation to modify, approve or deny said application. Upon receipt of a
complete application, it is the intent of the City to approve or deny said application
within one (1) working day. Approval of said application may be subject to
conditions of approval that may be determined necessary to protect the health,
safety, general welfare, and aesthetics of the community. The decision of the
planning director or designee shall become final and effective five (5) calendar days
after the date a written decision is rendered unless an appeal, in writing, is filed
with the Planning Commission.
Sec. 26-614.1. Special event --Minor promotional event; commercial business (not
in the P-B, O-S and I-P zones).
(a) Minor promotional events are short term promotional or grand opening
events held by an individual commercial business where goods and/or promotional
signs may be displayed on. the outside of the building, but which does not
encroach into any driveway, parking or landscape areas. This may include special
sales events and sidewalk sales and does not apply to uses with outdoor
designated outdoor display areas or commercial/retail centers.
(b) A special event permit shall be granted for a minor promotional event
subject to the following conditions:
(1) No more than 12 events, with a maximum of 36 days, shall be permitted
per calendar year.
(2) Grand opening events shall be held within six (6) months of the original
opening of the business or the effective date of the business name change.
(3) Temporary promotional signage may be permitted as set forth in Section
26-336.3.
(4) Such other conditions as deemed by the planning director to be
necessary and reasonably relate to reducing potential adverse impacts on
surrounding areas.
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