Loading...
HomeMy WebLinkAbout87-47 - Adding Section 20.06.080 to the Newport Beach Municipal Code Regarding Temporary Real Estate Signs and Amending Section 20.06.030 of the Newport Beach Municipal CodeORDINANCE NO. 87 -47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.06.080 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING TEMPORARY REAL ESTATE SIGNS AND AMENDING • SECTION 20.06.030 OF THE NEWPORT BEACH MUNICIPAL CODE. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: The City Council of the City of Newport Beach finds and declares as follows: (A) It is the policy of the City of Newport Beach, as expressed in its general plan and zoning ordinances, to preserve the aesthetic quality of its many unique residential communities; (B) The aesthetic quality of these unique areas is adversely affected by the installation of temporary real estate "for sale" signs; (C) The safety of motorists and pedestrians using the streets and sidewalks of Newport Beach can be impaired by real • estate "for sale" signs; (D) The City Council is required, by decisions of the United States Supreme Court, to permit real estate "for sale" signs in "residential neighborhoods;" (E) The size and location of the signs permitted by this Ordinance provide ample means of communicating the availability of real property for sale, lease or rental and at the same time preserving the aesthetic quality of residential neighborhoods and protecting pedestrians and motorists from harm. Section 2: Section 20.06.080 is added to read as follows: Section 20.06.080. Temporary Signs: A. Real Estate Signs. • 1. Residential Districts: (a) Real estate signs and open house signs are permitted, on a temporary basis, in residential districts, so -1- long as the signs conform to the criteria specified in this section. (1) In the C -R, R -A, R -1, R -1.5, R -2, R -3 and PRD Districts, as well as P -C Districts which provide for residential uses and contain no specific provisions relative to • temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in subsections (g) and (h); (b) The sign shall not exceed 216 square inches (1.5 square feet), including riders; (c) The overall height of the installed sign shall not exceed four (4) feet above ground unless the sign is mounted flush to a wall; (d) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner which creates a hazard for traffic or pedestrians; • (e) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; ( f ) The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; (g) In addition to the sign permitted above, one (1) on -site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i)the sign shall not exceed two hundred and sixteen (216) square inches (1.5 square feet) and riders are not permitted; • installed in medians or street or highway, nor hazard to traffic or pec be installed on or in a the property for sale, (ii)the sign shall not be anywhere within the travelled way of any installed in a manner which creates a lestrians, provided, however, the sign may vehicle parked on the street adjacent to lease, rent or exchange if there is no -2- feasible way of installing the sign on private property due to absence of front yard setback or other conditions; (iii)the overall height of the sign shall not exceed four (4) feet above ground unless the sign is installed on or in a vehicle as provided in subparagraph (ii) • above; (iv)the sign shall be installed no earlier than 8:00 A.M. and removed no later than sunset. (h) In addition to the open house sign permitted in subsection (g), three (3) off -site open house signs are permitted when the owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i)each off -site open house sign shall not exceed two hundred and sixteen (216) square inches (1.5 square feet) and riders are not permitted; (ii)the overall height shall not exceed four (4) feet above ground; • ( iii)the sign shall not be installed before 8:00 A.M. and must be removed no later than sunset; (iv)the sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates hazard to traffic or pedestrians. (b) In the R -4 District, temporary real estate signs are permitted subject to the following: (1) One ( 1 ) sign per building site, except as provided in subsection (6); (2) The sign shall not exceed twelve (12) square feet; • (3) The overall height of the installed sign shall not exceed four (4) feet above ground unless the sign is mounted flush to a wall; -3- (6) In addition to the sign permitted above, one (1) on -site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) the sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (ii) the height of the sign shall not exceed four (4) feet unless mounted flush to a wall; (iii) the sign shall not be installed before 8:00 A.M. and shall be removed no later than sunset; (iv) the sign shall not be • installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians. (c) In All Districts:The Planning Director may approve temporary signs for the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. • 1. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A.2. Commercial and Industrial Districts. -4- (4) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner which creates a hazard to traffic or pedestrians; (5) The sign shall be removed immediately • after the sale, lease, or rental of the property has been consummated; (6) In addition to the sign permitted above, one (1) on -site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) the sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (ii) the height of the sign shall not exceed four (4) feet unless mounted flush to a wall; (iii) the sign shall not be installed before 8:00 A.M. and shall be removed no later than sunset; (iv) the sign shall not be • installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians. (c) In All Districts:The Planning Director may approve temporary signs for the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. • 1. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A.2. Commercial and Industrial Districts. -4- 2. Temporary signs are permitted in commercial and industrial districts subject to the following: (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty -four (24) square feet in area, • or six (6) feet in height. (b) Duration. Temporary signs shall remain in place for a period not exceeding sixty (60) days per calendar year. (c) Number. One (1) per building or building site. 3. Temporary signs displayed at automobile service stations and drive -in and outdoor restaurants are governed by the provisions of Sections 20.06.050 C and D respectively. Section 3: Section 20.06.030 of the Newport Beach Municipal Code is amended to read as follows: Definitions. The following terms used in this ordinance shall have the meanings indicated below: • BUILDING LINE. The term "Building Line" shall mean the setback line established by ordinance beyond which no building may extend. A building line may be a property line. 00MBINATION SIGN. The term "Combination Sign" shall mean any sign incorporating any combination of the features of ground, projecting and roof signs. Each portion of a sign which is subject to more than one classification shall meet the requirements for the classification to which such portion is subject. DISPLAY SURFACE. The term "Display Surface" shall mean the area made available by the sign structure for the purpose of displaying the advertising message. -5- ELECTRICAL SIGN. The term "Electrical Sign" shall mean any sign illuminated by electric lighting devices which are fastened to the surface or mounted on the interior of the sign. • GROUND SIGN, POLE SIGN. The term "Ground Sign" or "Pole Sign" shall mean any sign which is supported by one or more uprights, poles or braces in or upon the ground which are not a -5- part of any building or enclosed within the exterior walls of any building and are separated therefrom by a distance of at least 6 inches. MARQUEE. The term "Marquee" shall mean a permanent roofed structure attached to and supported by a building and • projecting over public property. MOVING SIGN. The term "Moving Sign" shall mean any advertising structure which has any visibly moving or revolving parts which are more than 2 inches in any diameter, except clocks. NONSTRUCTURAL TRIM. The term "Nonstructural Trim" shall mean the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. OFF -SITE OPEN HOUSE SIGN. The term "Off -Site Open House Sign" shall mean a sign containing only the words "Open House," and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on property other than that which is then for sale, exchange, lease, or rent. • ON -SITE OPEN HOUSE SIGN. The term "On -Site Open House Sign" shall mean a sign containing the words "Open House," and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on the property then for sale, exchange, lease or rent. PROJECTING SIGN. The term "Projecting Sign" shall mean a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. PROJECTION. The term "Projection" shall mean the distance by which a sign extends over public property or beyond the building line. REAL ESTATE SIGN mean a sign advertising real • or rent. RIDER. The term a larger sign and intended to incorporated into the text of The term "Real Estate Sign" shall property for sale, exchange, lease "Rider" is a small sign attached to convey information not conveniently the larger sign. -6- ROOF SIGN. The term "Roof Sign" shall mean a sign erected upon or above a roof or a building or structure. SIGN STRUCTURE. The term "Sign Structure" shall mean the sign, and the supports, uprights, braces and framework of the sign. STRUCTURE. The term "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TENPORARY SIGN. The term "Temporary Sign" shall mean any sign, banner, pennant, valance, or advertising display • constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. WALL SIGN. The term "Wall Sign" shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. WIND SIGN. The term "Wind Sign" shall mean a series of similar banners or objects of plastic or other light material more than 2 inches in any diameter which are fastened together at intervals by wire, rope, cord, string, or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. SIGN. The term "Sign" shall mean any media, shall be published once in including its structure and component parts which are used or • intended to be used out -of -doors to attract attention to the after the subject matter for advertising, directional or informational purposes. The area of a sign shall mean the space enclosed by Section 5: the outer dimensions of the sign, or, if there is no border, the area shall be the space enclosed by sets of parallel lines containing the words or images composing the sign. SIGN STRUCTURE. The term "Sign Structure" shall mean the sign, and the supports, uprights, braces and framework of the sign. STRUCTURE. The term "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TENPORARY SIGN. The term "Temporary Sign" shall mean any sign, banner, pennant, valance, or advertising display • constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. WALL SIGN. The term "Wall Sign" shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. WIND SIGN. The term "Wind Sign" shall mean a series of similar banners or objects of plastic or other light material more than 2 inches in any diameter which are fastened together at intervals by wire, rope, cord, string, or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. meeting of the City Council of the City of Newport Beach held on the 23rd day of November, 1987, and adopted on the 41 th day -7- Section 4: This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. • Section 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of November, 1987, and adopted on the 41 th day -7- of December , 1987, by the following vote, to -wit: ATTEST: � o City Clerk • AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS