Ordinance 089ORDINANCE N0. 89
AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, REPAIR, ALTERA-
TION, LOCATION AND MAINTENANCE OF SIGNS WITHIN THE CITY O F
CUPERTINO; THE ISSUANCE OF PERMITS AND FEES THEREFOR; INSPECTION
AND FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
AND REPEALING ALL CONFLICTING ORDINANCES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN as follows:
ARTICLE 1. GENERAL
Sec. 1.01 Purpose and Intent: The City Council finds the proper
regulation of all signs and other advertising structures
when placed out-of-doors or in-doors, as on windows, in
view of the general public, is necessary to protect and
promote the public health, safety, convenience, general
character and welfare of the City and to protect public
rights-of-way.
Sec. 1.02 Short Title: This ordinance shall hereafter be known and
cited as Sign Ordinance."
ARTICLE 2. DEFINITIONS
Sec. 2.01 Words used in the present tense include the future, words
in the singular number include the plural, and words in
the plural number include the singular; the word "building"
includes the word ''structure," and the word "shall" is
mandatory and not directory. The term "City Council" whet
used shall mean the City Council of the City of Cupertino,
and "Planning Commission" shall mean the City Planning
Commission of the City of Cupertino. The word "City" when
used shall mean the incorporated City of Cupertino.
Sec. 2.02 "Clocks" shall mean any time piece erected upon a standard
located on a sidewalk, on the interior or on the exterior
of any building or structure for the convenience of the
public .
Sec. 2.03 "Corner Triangle" shall mean a triangular shaped area
bounded by:
(a) The intersection of the tangential extension of front
and side property lines as formed by the intersection
of two public rights-of-way abutting the said property
lines;
(b) The third boundary of the triangular shaped area shall
be a line connecting the front and side property lines
at a distance of forty (40) feet from the intersection
of the tangential extension of front and side property
lines.
Sec. 2.0~ "Erect" shall mean to build, construct, attach, hang, place,
suspend, affix and paint.
Sec. 2.05 "Facing or Surface" shall mean the place of the sign upon,
against or through which the message is displayed or
illustrated on the sign.
Sec. 2.06 "Incumbustible Material" shall mean any material which will
not ignite at or below a temperature of 1200° Fahrenheit
and will not continue to burn or glow at that temperature.
Sec. 2.07 "Nonconforming Sign" shall mean any sign or other advertis-
ing structure, which does not conform to the provisions of
this ordinance, either at the effective daye of this
Ordinance or as a result of subsequent amendments which may
be made to this Ordinance.
Sec. 2.08 "Person" shall mean and include any person, firm, partner-
ship, association, jcint venture, corporation, company or
organization of any kind.
Sec. 2.09 "Shopping Center Sign" shall mean any sign which ad-
vertises a commercial development having a minimum lot
frontage of four hundred (400) feet of property frontage
on a public right-of-way.
Sec. 2.10 "Sign" shall mean and include every sign, ground sign,
wall sign, road sign, projecting sign, temporary sign,
clock, billboard, illuminated sign or any combination of
such signs; and shall also include any announcement,
declaration, demonstration, display illustration,
insignia or attention attracting device such as flags,
valances, streamers and wind actuated devices. The term
"Sign" shall mean and include other advertising structure
as defined in Section 2.13.
2.101 "Ground Sign" shall mean any sign supported by uprights or
braces placed upon the ground or independently supported
and attached to any building, other structure or founda-
tion on the ground.
2.102 "Projecting Sign" shall mean any sign attached to a build-
ing or other structure extending beyond the surface of
that portion of the building or structure to which it is
attached.
2.103 "Roof Sign" shall mean any sign erected, constructed or
maintained wholly upon or over the roof of any building
with the principal support on the roof structure.
2.104 "Temporary Sign" shall mean any sign intended to be dis-
played for a limited period of time only.
2.105 "Wall Sign" shall mean any painted surface placed upon
any wall or window or any sign of solid surface or unit
construction which is placed against a building, on the
wall surface of a building or other structure and attached
parallel to the exterior, front, rear or side wall or
window of any building.
Sec. 2.11 "Structural Trim" shall mean the molding, battens, capping s,
nailing strips, latticing and platforms which are attached
to the sign or advertising structure.
Sec. 2.12 "tructure" 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 to-
gether in some definite manner.
Sec. 2.13 "Other Advertising Structure" shall mean any device erected
or used for the same purpose as a sign, whether erected or
used.
2.131 Exclusively for advertising purposes, upon which any
poster, bill, printing, painting device or other ad-
vertisement or identification of any kind wh~rtsoes~er may
be placed, posted, painted, fastened or affixed.
2.132 Exclusively for advertising purposes and including any
spectacle, display or advertising statuary.
2.133 For other purposes, but upon which advertising is placed
and which is not otherwise specifically defined herein,
including, but not restricted to, newspaper racks, vending
machines, scales, barber poles, and other devices and
structures.
2.14 "Thoroughfare" shall :Wean any public right-of-way which
had, or is planned to have, six (6) moving lanes of
traffic.
ARTICLE 3. GENERAL REGULATIONS
Sec. 3.01 Subject Matter: All signs and other advertising structures
shall be located and used solely for the identification or
advertising of the person on, or for the items sold on, or
for the use of the property upon which the sign or other
advertising structure is located, except sign advertising
an "open housed pursuant to Section x.1251 hereof, sub-
division signs pursuant to Section x.02 hereof, public
and semi-public signs pursuant to Section x+.03 hereof, and
MultiP3e Dwelling, Mobile Home Park and Motel signs pur-
suant to Section ~-.0~ hereof.
Sec. 3.02 Date, Permit Number and Voltage on Sign: Every sign or
other advertising structure hereafter erected shall have
painted in a conspicuous place thereon, in letters readily
visible and readable from the ground line the date of
erection, the permit number, the approval of any Under-
writers Testing Labo story and the voltage of any
electrical apparatus used in connection .therewith.
Sec. 3.03 Wind Pressure and Dead .Load Requirements: All signs and
other advertising structures shall be designed and con-
structed to withstand a wind pressure of not less than
thirty (30) pounds per square foot of area; and shall be
constructed to receive dead Loads as required in the
Building Code and other ordinances of the City of
Cupertino.
Sec. 3.0~I- Obstructions to Doors, Windows and Fire Escapes: No sign
or other advertising structure shall be erected, relocated
or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign of any
kind shall be attached to a fire escape.
Sec. 3.05 Si ns Not to Constitute Traffic Hazard: No sign or other
advertising structure as regulated y this Ordinance shall
be erected within the corner triangle or in such a manner
as to obstruct free and clear vision. No sign or other
advertising structure shall be placed at any location
where it may be cpnfused with authorized or official
traffic signs by reason of the position, size, shape o r
color, or the words "STOP", "DANGER", "LOOK", or any
other word, phrase, symbol or character.
Sec. 3.06 Maintenance: All signs or other advertising structures
shall be maintained as follows:
3.061 There shall be no nails, tacks or wires protruding from
the sign or other advertising structure.
3.062 Electrical reflectors and devices may extend over the top
and in front of the sign or other advertising structure.
3.063 Painted signs shall be repainted when so specified by the
Building Inspector.
Sec. 3.07 A rtif-Lcial Lighting: It shall be unlawful for any person
to maintain any sign which creates a glare nuisance to
rsurrounding private and public property. No sign shall
have flashing or animated lights.
Sec. 3.09 Obscene Matter: It shall be unlawful for any person to
display upon any sign or other advertising structure any
obscene, indecent or immoral matter.
Sec. 3.10 Materials Required: All permanent signs and other adver-
tising structures shall have the su~.ces or facings,
frames, braces and supports of one (1) hour fire resistive
material provided, however, that combustible structural
trim may be used thereon. If any permanent sign or other
advertising structure is thirty-two (32) square feet or
less in surface area, such sign may be constructed
entirely of combustible material.
Sec. 3.11 Motion: Any moving sign surfaces or other advertising
structures which are electrically or mechanically operated
or wind activated, ir..cluding flags, valances and streamers
are prohibited.
Sec. 3.12 Location Near Residential Zones: Any sign or other adver-
tising structure surfaces for any non-residential use
shall not be nearer than fifty (50) feet to any residence
in a residential zone except as follows:
3.121 When any nonresidential structure is located nearer than
fifty (50) feet to any dwelling in a residential zone, the
sign or other advertising structure in the non=residential
zone shall not be placed in a manner so as to be legible
from the said dwelling, unless there is a public right-of-
way separating the residential zone and non-residential
zone. The non-residential sign may only be placed in
front of the non-residential structure in the area bounded
by the extension of the lines along the sides of the non-
residential structure, in instances where the non-
residential structure is nearer than fifty (50) feet to
any residence.
X3.122 EXCEPTIONS: All type signs allowed in undeveloped areas.
Sec. 3.13 Signs Attached to Vehicles: Any advertising structure on
any vehicle or trailers which creates an intentional,
stationary or daily display of advertising in any area
shall be prohibited and promptly removed by the owner or
Building Inspector.
Sec. 3.14 A rea of Sign Surface and Other Advertising Structure: The
area of each sign surface or other advertising structure
shall be calculated by enclosing the said surface within
a ci rcle, square, triangle or rectangle most nearly con-
forming to the shape and size of the sign and projected
onto a plane surface.
Sec. 3.15 Nonconforming Sign Surface Areas: Any person, building
or structure with more than one (1) permanent, existing
sign, such that the combined sign surface area exceeds
that specified in Section 4.01, shall have all the said
signs nonconforming until a portion of the said saigns
are removed as shall be designated by the permittee,
and the remaining sign surface area shall not exceed
that specified in Section 4.01.
:r~,- ,..
~ t;'~
~~
~b";-'
~ Y ~1t W~iM~jMn~r
0
'~ a~
+~«'~
sc? a .
~....
I~~.It~.41R
_--
•
~~
~~ OQ.' II~ ~t O
lai=
' Se ''": .sa;aa ~~~9~r ,
~
~V`K''' ~.~..-s
LAIC ~~: ' .:. :ii~i~'~."~~r'``',~,~~;,~R±Y'
sve..y~~~L
~~ ~. ;
~~'
.
~
'~~pe of se'Me1.O'p~2'~.
rsridatrl~l, d~L a~
M.~t a1t?~oe er~-
~Mw~~, I~~-~i TT~T~'
~ ~~ "'^^~
archiLect•. en6lnea'j
or c~tractor" or build-
er. aultiple dwelli~s.
mobile hor parka and
. es •s oocupaticn. ai e
or political nature.
rental. open hauae~'.
and protisaicnal ocoup-
ation, inatruational
aisna in aobiL boa
• u nawbear of tao ~!) dF-
aurtaoa eaah eatranoe
oa tb~ eubdivi,aion aim
Scotian 4,02
{o®e ee ea . a»etir~. ae
gooa~p~t n1~oA-nary inttitnte.
~I ~ _JJ_
~• ~-~iV)= ~ wawa rsa wary
uee~bt ~ Tea i Ta ~ Tea I All aim uses
around sign
wp
Sec. 4.02 Off Site Subdivision Directional Sign,: The following
provisions shall govern the size, num~er and location of
directional signs advertising subdivi~~ions when the said.
signs are located outside the boundaries of the sub-
division.
4.021 One subdivision directional sign will be allowed for each
necessary turn based on the most dire~~t route. Said si ns
shall have a maximum of two (2) surfa~~es each fifty (50~
square feet of surface area or less o~~ each side. The said
sign shall not be located on another ;parcel of land zoned
for residential which is used for residential.
4.023 Any application for a subdivision directional sign shall
include a list of all other existing signs for the same
subdivision, showing the sign surface area and street
location of each sign.
4.024 The surface of any subdivision directional sign must not be
less than two hundred and fifty (250) feet in distance from
any other subdivision sign surface.
Sec. 4.03 Off-site Public or Semi-Public Signs: Any off-site public
or semi-public sign may be located outside the boundaries
of the public or semi-public property in commercial or
industrial zones. Said signs shall b~~ limited to six (6)
square feet of sign surface area.
Sec. 4.04 Multiple Dwelling, Mobile Home Park azd Motel Signs: The
following provisions shall govern the size, number and loca-
tion of signs for multiple dwellings, mobile home parks
and motels.
4.041 Signs advertising multiple dwellings, mobile home parks,
and motels in non-residential zones m<~y have one (1) sign
with two (2) surface areas each a maximum of twenty-five
(25) square feet.
4.042 Mobile home park and motels may have ~~ne (1) sign with a
maximum of twenty-five (25) square feet of sign surface
area, or less, on each side, located ~~utside the mobile
home park or motel boundaries. The s~~id sign shall not
be located on another lot or parcel o:f land zoned for
residential which is used for residential.
4.043 Any application for mobile home park <~nd motel sign shall
include a list of all other existing signs for the same
mobile home park or motel showing the sign surface area
and street location of each sign.
Sec. 4.05 Shopping Center Sign: Any sign advertising a shopping
center, in addition to other signs allowed elsewhere in
this Ordinance, shall not have more than two (2) surface
areas, with each surface area not exceeding one hundred
and fifty (150) square feet. There s:zall be not more than
one (1) shopping center sign advertising the said property.
,~
,~
t~l
t .;;
~'
,~
14
~.
.,
-t
. ~,:
i ~ .
II~eso Ths mazduaa
IM rMi ~ iI ~ or ottrr adver•
a rM ~1/r ~t • ar ~tsvaturs i.a Dome.
~ 3ild tp mat shall b• oo~ul:ed ~
M
~- -- }} ~
r ~ ~ ~ I 1
I ~ Z - t ~ _ I .- ~ . ' ~-
' '
7 ~ ~ ~ .- . gg
!~ iI ~ !
Y' f -r 1.. ~..
t. ~ ; a oo
i ~ ~ b~
__r _~;, ,; .~ o
~~
~. ~_ , i ' i
o
_ ._ ; , _
.. ,_
it---~ ~- ~ ~ _ _.... _ ~ +-
~' i ~ ~ ~' .--- ~
~ t t- t - ~ ~ - - +-- -- , --+--t
f
F _..~' w
a .. _. - f -r- -- - -i- }--t- - ~ -4--r--. _..~ --- N
~_ I i r
t-~ - T -~ i
m
~. ~ ~ ~Q
' ~ ~ ~
•'J
._ .__1_~ _~-~ .r _r.., a _ T
f .-_-_ --- -~
test for each sign or othar advs.rti,air~ i~truota~rs
..G
~~
_.
d
e
a
S
a
~~
~~
Sec. 4.08 Ground Sign:
4.081 Location: All ground signs shall be located on or behind
any setback lines applicable to the property on which said
signs are to be located; provided that in cases where such
location would cause the sign or other advertising struc-
ture to be obscured by any building or orchard trees
located on the abutting property, the sign may be located
in front of the setback line but in no case nearer the
public right-of-way than the building or orchard trees on
the abutting property.
4.0811 Whenever a sign is located in front of the setback line,
pursuant to Section 4.08, and the building or orchard trees
are subsequently removed, on the said abutting property,
the said sign shall be removed or relocated within six (6)
months after the removal of the obstructing building or
orchard trees.
4.082 Height Limitations: No portion of any ground sign shall
exceed a height of twenty (20) feet above the ground level,
except when the said sign is attached to a building wall
higher than twenty (20) feet and independently supported
to a foundation on the ground. In such instances, no por-
tion of the said sign shall exceed twenty (20) feet above
the highest point of the abutting parapet wall or roof
line.
4.083 Home Occupation Sign: Any ground sign advertising home
occupations on lots used and zoned for residential shall
be prohibited.
4.084 Space Between Sign, Ground and Other Structure: All
ground signs shall have an open space not less than two
(2) feet between the base line of said sign and the ground
level. No ground sign shall be nearer than five (5) feet
to any other building or structure.
Sec. 4.09 Projecting Sign:
4.091 Computing Projecting Sign Surface Areas: The maximum sign
surface area of all projecting signs shall be computed by
adding each side of the sign surface area to determine the
allowable maximum sign surface area.
4.092 Extension over SetY_ack and Public Ri ht-of-Wa Line: No
projecting sign shall extend more than six feet over
any setback and public right-of-way line. Where there is
no required setback line, the sign shall not extend nearer
the curb line than four (4) feet or beyond the property
line more than six (6) feet.
4.093 Minimum Heights Over Sidewalks: Any projecting sign erected
over any public right-of-way shall have a minimum clear-
ance of ten (10) feet perpendicular above the lowest
portion of the sign.
4.094 Minimum Heights Over Driving Lanes: Any projecting signs
over public driveways, alleys and thoroughfares shall have
a minimum clearance of fifteen (15) feet perpendicular
above the lowest portion of the sign.
4.095 Signs Under Marquees: Any projecting sign attached and
supported under marquees shall be considered a projecting
sign and shall be required to have a minimum clearance of
seven feet three inches (7'-3") perpendicular above the
lowest portion of the sign.
4.096 Anchorage with Wire, etc. Prohibited: No projecting sign
shall be secured with wire, strix~s of wood or nails, nor
shall any projecting sign be hung or secured to any other
sign.
4.097 Illumination at Night Required: Every projecting sign used
for commercial, office and industrial urposes shall be
illuminated between ti~unset and ten (l0~ P.M, every night,
Monday through Saturday, on each side thereof, by at least
five (5) watts per scuare foot of sign surface, but in no
case less than sixty (60) watts for each sign surface.
Sec. 4.10 Roof Sign:
4.101 Location: No roof sign shall have a surface or facing
extending more than twenty (20) feet above the roof level.
4.102 Setback from Roof Edge: No roof sign shall be erected or
maintained with the face thereof nearer than five (5) feet
to any outside wall.
4.103 S ace Between Si n ar..d Roof: Any roof pitched less than
one 1 foot vertical. to three (3) feet horizontal shall
have a space at least five (5) feet in height between the
bottom of the sign ar.d the roof line. Any roof equal to
or pitched more than one (1) foot vertical to three (3)
feet horizontal m.ay rest directly on the roof, however,
in such cases the total height of the si n surface with
structural trim, shall not exceed two (2~ feet in height.
4.104 Prohibited Obstructions: No roof sign shall be placed on
the roof of any building or structure in such a manner as
to prevent free passage from one part of said roof to any
other part thereof or' interfere with openings in said roof.
Sec. 4.11 Wall Sign:
4.111 Location: No wall sign shall project beyond the ends or
top of the wall to wr.ich it is attached.
4.112 Minimum Height Over sidewalk: Any wall sign or other adver-
tising structure erected over any public right-of-way shall
have a minimum clearance of eight (8) feet regardless of
the projected distance from the wall, except as follows:
4.1121 Any wall sign painted. on a window may be located at any
height over the sidewalk.
4.1122 Any wall sign which does not project more than three (3)
inches may be located. at any height over the sidewalk.
Sec. 4.12 Temporary Sign:
4.121 Building Inspectors A roval for Over 50 Pounds: Every
temporary sign weighing in excess of fifty 50 pounds,
must be approved by the Building Inspector as conforming
to the safety requirements of the Cupertino Building Code.
4.122 Construction Materials: Temporary signs may be made of
cloth, canvas, light fabric, cardboard, wallboard or other
light material with or without frame; as such, temporary
signs may withstand a. wind pressure of less than thi rty
(30) pounds per square foot of area.
4.123 Removal: All temporary signs shall be removed at the
termination of their permit period by the person who erected
same. When said sign is removed, no temporary sign shall
be replaced for the identical reason as before within a
one (1) year period after removal, except as d7. own in
Section 4.1252.
4.124 Additional Area Needed for Temporary Sates: Any person
within a commercial, office or industrial use may have
twenty-five (25) percent of the window area used for
temporary sales and related purposes in addition to maximum
sign surface areas described by the Sign Graphs in Sections
4.06 and 4.07. Any said sign used in the window area may
include trade names and incidental products sold on the lot
or premises occupied by the window sign.
4.125 Exceptions for Temporary Signs are as follows:
4.1251 Any temporary sign advertising an "open house" or other
similar wording, for the purpose of a real estate trans-
action, can be located within the corner triangle area,
provided that there is no portion of said sign over two
(2) feet in height.
4.1252 Any "for sale" sign permit may extend beyond the sixty (60)
day maximum period for permits or until such time as the
property has been sold.
4.1253 All temporary signs shall be exempted from the Wind Pressure
and Dead Load Requirements as described in Section 3.03.
Sec. 4.13 Clock:
4.131 Location on Sidewalk: The location of any clock on a
public right-of-way whall be approved by the City Council.
4.132 Maintenance: Any clock in general view of the public from
outside the building, shall be maintained to keep accurate
time, and if this condition is not complied with, the clock
shall be promptly repaired or removed.
ARTICLE 5,
ADMINISTRATION
Sec. 5.01 Permit Required: It shall be unlawful for any sign or
advertising structure to be erected, constructed, relocated
or maintained, except after the issuance of a permit there-
for as herei nafter provided.
5.02 Permit Fee: The fee for the issuance of a permit for the
erection, construction, relocation or maintenance of any
sign or advertising structure within the City of Cupertino
shall be two dollars (2,00) plus ten cents (0.10) per
square foot of surface area of the sign or advertising
structure which is the subject of the permit.
5.03 Information Required on Application: Any application for
permits for signs or other advertising structures shall be
made on forms provided by the Building Inspector and shall
include the following information:
(a) The name, address and telephone number of the
applicant or owner.
(b) The location or street address of the lot or
building.
(c) A plan and elevation showing the relationship
to abutting properties or structures, at a scale
of not less than one-fourth (1~4") inch equals
one (1) foot.
(d) Two copies of the plans, specifications and
construction details, at a scale of not less
than one-fourth (1~4) inch equals one (1) foot.
(e) One copy of t;he stress sheets and calculations
showing that the structure is designed for the
loads requirE~d by this Ordinance and all other
laws and ordinances of the City.
(f) Any electrical sign or other advertising structure
requires the Underwriters Laboratories Label, if
enclosed witY~ glass, plastic, metal or similar
material. If' the sign or other advertising structure
is not enclosed, then it shall comply with the
Cupertino ElE~etrical Code. Electrical permits shall
be required f'or all connections to electrical signs.
(g) Any other information that the Building Inspector
May require f;o show full compliance with this
Ordinance anc. any other applicable laws and
ordinances of the City.
Sec. 5.04 Issuance of Permit: The Building Inspector shall examine
the application and accompanying data and the premises upon
which the sign is proposed to be erected. If the Building
Inspector determines that the proposed sign will conform
with the applicable ~~rovisions of this Ordinance and all
other applicable proti~isions of law, the permit shall be
issued within ten (1C~) days after the date of his approval
of said application.
Sec. 5.05 Signs for Which No PE~rmits are Required: Permits shall
not be required for t:he following types of signs:
5.051 Informative signs painted or placed on water or fuel con-
tainers, to insure pz°oper handling.
5.052 Signs affixed to or ~~ainted upon public and private vehicles.
5.053 Temporary signs advertising the sale, lease, or the names
of architects, engineers, contractors or builders of the
premises on which thE~ signs are located.
5.054 Traffic or other municipal signs, legal notices, railroad
crossing signs, dangE~r, and emergency signs.
Sec. .5.06 Signs, Markings, Etc., Must Conform to Ordinance: No
merchandise shall be displayed and no person shall paint,
mark, post, paste, pi°int, nail, tack or otherwise fasten
or leave any handbil=_, sign or other advertising structure
or notice of any kincl, or cause the same to be done, on
any street, curb, sidewalk, billboard, fence, post, tree,
pole, hydrant, bridgE~, real property or personal property
or-other structure, within the corporate limits of
Cupertino, except as permitted in this Ordinance.
Sec. 5.CJ7 Removal of Certain Sins: Any sign or other advertising
structure shall be rE~moved as follows:
4.071 Any sign or other advertising structure which no longer
advertises the sub~ec;t matter as described in Section 3.13
shall be removed by i;he owner or person having beneficial
use of the pro erty tizpon which such sign may be found,
within ten (10~ days after written notification from the
Building Inspector.
5.072 Any person or permiti;ee of any permanent, conforming sign
which is an immediatE~ peril or a menace to the public or
any person, shall be removed summarily and without notice
- from the Building Inspector.
5.073 If any person or permittee of any permanent sign or other
advertising structure which has been constructed, erected,
altered, relocated or maintained in violation of any of
the provisions hereof, shall receive a written notice of
such violation from the Building Inspector. Said person
shall be given ten (10) days from the date of notice in
which to comply or to remove said sign.
5.07+ All nonconforming signs must be altered or removed within
two (2) years after the published notification date from
the- Building Inspector and after the effective date of
this Ordinance.
Sec. 5.08 Enforcement: In the event of noncompliance with Section
5.071, Section 5.072, Section 5.073 and Section 5.07+, the
Building Inspector is hereby empowered to remove or cause
to be removed any sign or other advertising structure which
hass been constructed, erected, altered, relocated or
maintained in violation of this Ordinance.
Sec. 5.09 Cost Incurred: Any cost incurred by the City in the
removal, alteration or relocation of any sign pursuant to
the provisions hereof, shall be paid by the person owning
said sign prior to the issuance or renewal of any permits
to said person. Any sign removed by the Building Inspector
shall be stored in the City Corporation Yard and shall be
claimed within ten (l~ days after the said sign was removed,
provided that any cost of removal has been paid to the City.
ARTICLE 6. VARIANCE, APPEAL AND VIOLATION
Sec. 6.01 Variance: Where practical difficulties, unnecessary hard-
ships or results inconsistent with the purpose and intent
of this Ordinance result from the strict application of the
provisions hereof, variances may be granted as provided
in this Section.
6.011 Application and Fee: Application for a var~nce shall be
made in writing on a form prescribed by the Planning Commis-
sion and shall be accompanied by a fee of Ten Dollars
(10.00), no part of which shall be returnable to the
applicant and by statements, plans, and other evidence
showing:
6.0111 That there are exceptional or extraordinary circumstances,
or conditions applying to the land, buildings, or use
referred to in the application, which circumstances or
conditions do not apply generally to land, buildings, and
or uses in the same area.
6.0112 That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights
of the petitioner.
6.0113 That the granting of such application will not, under the
circumstances of the particular case, materially affect
adversely the health of safety of persons residing or work-
in the neighborhood of the property of the applicant, and
will not, under the circumstances of the particular case
be materially deterimental to the public welfare or in-
~urious to property or improvements in said neighborhood.
6.012 Public Hearin A public hearing shall be held within sixty
~0 days after filing of application, notice of which shall
be given by one publication in the Cupertino Courier, the
official newspaper of the City of Cupertino and~or by post-
ing notice on the property involved or adjacent thereto at
least ten (10) days prior to such hearing.
6.013 Action by Planning Commission: Following the public hear-
ing, the Planning Commission shall make written finding of
facts showing whether the requirements of Section 6.02 are
met, and whether such variance shall be in harmony with
the general purpose of this Ordinance, and whether or not
the variance applied for is in accord with all of the
criteria of Section E~.02 hereof, so as to form the basis
for approval or disa~~proval of the application.
Sec. 6.02 Criteria for VariancE~; The Planning Commission shall
grant a variance to i;he Sign Ordinance if the followirg
criteria are found a~~plicable.
6.021 Special conditions acid extraordinary circumstances applic-
able to the property involved or its intended uses, which
were not created by i;he owner or his tenant, and which do
not apply generally i;o other properties with the same land
use, or as follows:
6.022 Literal enforcement of the provisions of this Ordinance
will result in unnecE~ssary hardship inconsistent with the
spirit and intent of this Ordinance.
6.023 The variance of the :sign use corresponds with the land
use as shown in Sect:_on 11.01 and will not be contrary to,
nor materially detrimental to public interest and welfare,
or injurious to conforming signs in the City.
6.021E If the variance is not granted, the development or use of
the property cannot ~rield a reasonable return in service,
use or income as com~~a.red to tither conforming property
within the City.
6.025 The variance to be g~'anted is one that will require the
least modification oj' the prescribed regulation, and the
minimum variance thai; will accomplish the purpose.
Sec. 6.03 Revocation:
6.031 In any case where thE~ conditions or limitations to the
variance granted havE~ not been complied with, the Building
Inspector or the Planning Commission, as the case may be,
shall give notice to the permittee that the variance will
be revoked.
6.032 In any case where a ~Tariance has not been used within one
(1) year from the dai;e of issuance, such variance shall be
null and void.
Sec. 6.011- Appeals: Any person aggrieved by any order or decision
of the Building InspE~ctor or planning commission in granting,
approving or disapproving any application to erect a
sign or other advert'_sing structure may appeal such order
or decision to the C__ty Council by filing a written notice
or appeal with the C_ty Clerk. The City Council shall set
the appeal for public; hearin and give notice thereof by
publication at least ten (10~ days before the date set
fo r hearing. At sucYi hearing, the Council shall hear and
consider all evidencE; submitted by the applicant and any
other interested per~~on, and shall determine whether the
decision appealed from shall be sustained, overruled or
modified. Such decision shall be final in all respects.
No application for a variance shall be reconsidered for a
period of one (1) ye~~r.
Sec. 6.05 Constitutionality: ..f any section, subsection, sentence,
Clause or phrase of this Ordinance is for any reason held
by a court of competent ,jurisdiction to be unconstitutional,
such decision shall riot affect the validity of the remain-
ing portions of this ordinance. The City Council hereby
expressly declares tYiat it would have passed and adopted
this Ordinance and e~~ch section, subsection, sentence
clause and phrase thE~reof irrespective of the fact that
any one or more of s~~id sections, subsections, sentences
clauses or phrases hE~reof he held unconstitutional.
Sec. 6.06 Penalty: Any person, firm or corporation violating any
provisions of this Ordinance, shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall be
punished by a fine not exceeding Three Hundred Dollars
($300.00), orb imprisonment in the City Jail not to
exceed three (3~ months for each violation, or by both
such fine and imprisonment.
Sec. 6.07 Effective Date: This Ordinance shall be in full force
and effect thirty (30) days after its adoption.
Sec. 6.08 Publication by Posting: The City Clerk is hereby authorized
and directed to cause copies of this ordinance to be posted
in three (3) prominent places in the City of Cupertino and
to cause publication once in the Cupertino Courier, the
official newspaper of the City of Cupertino, of a notice
setting forth the date of adoption, the title of this
Ordinance, and a list of places where co ies of this
Ordinance are posted, within fifteen (15~ days after the
adoption of this ordinance.
Sec. 6.09 Repeal of Conflicting Ordinances: All ordinances and parts
of ordinances in conflict herewith are hereby repealed.
The foregoing Ordinance was introduced at a regular meeting
of the City Council held on the 26th day of May, 1959, and
was passed and adopted at a regular meeting thereof held on
the 5th day of June, 1959, by the following called vote:
AYES: Lazaneo, Nathanson, Pelosi, Saich, Wilson
NOES: None
ABSENT: None
APPROVED:
Mayor, City of Cupertino
EST:
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 89 on
file in my office and that the same has been published pursuant to
law.
IN TNESS WHEREO I have hereunto se~lmy hand and City Seal this
~_ day of ~z}Q-N-~ , 19
City Clerk