Chapter 17.76 — GENERAL USE AND DESIGN REQUIREMENTS

In addition to the regulations specified in this title for each of the principal zones, the general regulations set forth in this chapter shall be applicable to each and every such zone. In the event of conflict between the particular regulations set forth in this chapter, the more restrictive regulations shall apply.

(Ord. 2007-05 § 3 (part))

Accessory uses, as defined in this title, shall be permitted as appurtenant to any permitted use unless otherwise provided in this title, provided that no accessory use shall be conducted on any property in any R zone unless and until the main building is erected and occupied, or until a use permit is secured.

(Ord. 2007-05 § 3 (part))

No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, outdoor concerts or similar assemblage of people and automobiles shall be permitted in any zone unless an administrative use permit is first secured in each case.

(Ord. 2007-05 § 3 (part))

A.

The use of a temporary dwelling to support the convalescence of immediate family members as permitted in this title is subject to the following requirements:

1.

Such usage contemplates and will permit only short-term use of a mobile home or recreational vehicles as temporary dwellings;

2.

Size of the temporary dwelling not to exceed forty (40) feet in length;

3.

The convalescent person must be a member of the immediate family of the application, or the convalescent person is the applicant and the temporary dwelling will be occupied by an immediate family member to

assist the convalescent person;

4.

Applicant must validate the application with a certificate from the physician as to the health condition of the applicant's immediate family member;

5.

Applicant must certify as to inadequate housing arrangement in the main structure;

6.

Each permit shall only be for one year, there shall be no extensions granted, however, re-issuance is possible;

7.

The temporary dwelling must be removed within thirty (30) days after the convalescing person no longer needs aid;

8.

The director of public works and/or the building inspector must approve the water and sewer hookups;

9.

The applicant is responsible for and must seek approval of the county health department as to the living quarters;

10.

Each conditional use application must be concurrently with an agreement to pay additional current base rate sewer and water charges;

11.

All electrical and telephone wiring and plumbing must be a type allowed by the California Building Code for outside wiring, plumbing and must be approved by the building official subject to limitations by any local utility company requirements. Such services must be approved and permits obtained from the building department prior to occupancy.

B.

Any variations of the above requirements can only be altered by processing and receiving approval of a conditional use permit.

(Ord. 2007-05 § 3 (part))

A.

Height of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof, but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment and similar architectural and mechanical appurtenances shall be excluded in making such measurements. Height limitations provided in this title shall not apply to electric transmission lines and towers, except as provided in Section 17.76.150.

B.

Exceptions to height restrictions required within this title may be granted by processing a use permit.

(Ord. 2007-05 § 3 (part))

A.

A "home occupation use permit" which allows the operation of a business in a home located in a residential zone, may be issued by the city administrator or his/her nominee, without the necessity of public notice, a public hearing, or planning commission action, upon a finding that the following conditions exist:

1.

The proposed business activity involves only the use of telephone, internet and mail at the subject premises;

2.

The business does not involve shipping, receiving, repacking, or the storage of any materials on the subject premises;

3.

The business will not employ any persons at the subject premises who do not occupy the same as their residence;

4.

One unlit sign of one foot by one foot, attached to the building;

5.

No customers, clients, patients, salespersons, or other persons will be visiting the subject premises in connection with the business;

6.

There will be no other indications of business activity visible to neighbors or to the public, at the subject site, resulting from the use;

7.

There will not be any other significant negative impact upon the environment, public safety, or public welfare; and

8.

Require issuance of a business license.

B.

Any person who is denied a home occupation use permit by the city administrator pursuant to subsection A above may apply to the planning commission for the same.

(Ord. 2007-05 § 3 (part))

17.76.070 - Large family day care homes.

A.

Large family day care homes authorized by this title are subject to the following requirements as stated in H&S Code Section 1597.46:

1.

The operator of the large family day care home shall reside in the residence being used for the day care home.

2.

No large family day care home shall be located within five hundred (500) feet of another approved large family day care home.

3.

In addition to the required parking for the residence, an additional off-street parking space shall be provided for each employee on the maximum shift. Tandem parking may be used to meet these requirements.

4.

At least two on-street parking spaces shall be available directly in front of the subject property to be used for loading and unloading children.

5.

The operator shall provide evidence of receipt of a license from the State Department of Social Services.

6.

A solid fence or wall six feet in height shall be located between any outdoor play or activity area and adjacent single-family residential use. Said outdoor play or activity areas shall not be located in the required front yard.

B.

A large family day care home may provide care for more than twelve (12) children, but not more than fourteen (14) provided the requirements of Section 1597.46 of the California Health and Safety Code are satisfied.

(Ord. 2007-05 § 3 (part))

17.76.080 - Mining and removal of natural materials.

Mining and removal of minerals and natural materials, including materials to be used for commercial purposes, may be allowed in any zone, with the exception of any residential zoning district, with a use permit and compliance with the Surface Mining and Reclamation Act of 1975. A use permit shall not be required for on-site excavation and removal of materials for normal construction or underground facilities, or where such removal is primarily for building site grading and land leveling.

(Ord. 2007-05 § 3 (part))

17.76.090 - Manufactured home park standards.

All manufactured home parks shall be subject to the following requirements, plus other requirements that may be made conditions of use permit approval:

A.

Minimum lot area: five acres;

B.

Minimum recreation space: ten (10) percent of the total project site. The minimum size of any single outdoor recreation space shall be two thousand five hundred (2,500) square feet;

C.

Minimum yards around the perimeter of the park:

1.

Front, (abutting any street): twenty (20) feet (landscaped),

2.

Side and rear: ten (10) feet, suitably landscaped to provide effective screening. Fences or wall may be required as condition of approval of use permit as a means to achieve neighborhood compatibility;

D.

All areas not used for access, parking circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean and sanitary condition;

E.

All circulation roads shall be at least twenty-five (25) feet from curb to curb and shall be increased in width by ten (10) feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved. Two parking spaces or the equivalent thereof shall be provided for each mobile home site, plus one guest parking space for each ten (10) mobile home sites. The mobile home spaces may be provided as tandem parking;

F.

Each mobile home site shall have a minimum area of three thousand five hundred (3,500) square feet. In no instance shall the density of the site exceed the density permitted in the base zone district;

G.

The minimum distance between any mobile homes is ten (10) feet. The minimum distance between an accessory structure on one site and a mobile home on an adjacent site shall be ten (10) feet;

H.

The planning commission may modify the above requirements for an existing substandard park proposed to be enlarged or extended; provided, that the modifications are limited to the extent that the overall improvements in the design or standards of such existing park will result.

(Ord. 2007-05 § 3 (part))

Project site shall be conveniently accessible to both pedestrians and automobiles. Sufficient off-street parking shall be provided for every project. On-site circulation patterns shall be designed to adequately accommodate traffic. Potential negative impacts of parking areas on adjacent uses shall be minimized and mitigated.

A.

Off-street parking and loading spaces shall be provided in conformity with the following:

1.

In all zones, each standard parking space shall not be less than ten (10) feet wide, twenty (20) feet long, and seven feet high, and each loading space shall not be less than ten (10) feet wide, twenty-five (25) feet long and fourteen (14) feet high. Designated private employee and city employee vehicle parking spaces can be reduced to nine by eighteen (18) feet. A compact car space shall have a minimum size of eight and one-half feet in width and sixteen (16) feet in length. When ten (10) or more spaces are required by this chapter, ten (10) percent of the required space may be compact car spaces (See Appendix 1, Parking Lot Design Standards).

2.

All parking spaces and access thereto shall be improved with Portland cement or asphalt concrete.

3.

Loading areas shall be separated from pedestrian and automobile traffic.

4.

Loading areas shall not be immediately adjacent to residential uses or visible from public rights-of-way. Loading docks shall be screened from residential uses by a minimum six-foot high masonry wall with ten (10) foot wide landscaped strip.

5.

Loading door design shall be integrated into the design of the building. High quality material and non-bright colors shall be used for loading doors.

6.

In multi-building complexes, loading docks shall either be internalized or located in the rear of the complex in a service area.

7.

All outdoor storage areas (where allowed by the zoning district) and loading areas shall be located in the rear of sites and screened from view by solid walls or chain link fencing with slats and landscaping.

8.

Generally, no more than ten (10) percent of the parking spaces shall be dedicated as EV charging only spaces with the exception of hotels/motels, as defined in B2 below. EV charging only spaces representing more than ten (10) percent of the total parking spaces may be granted through the approval of administrative permit.

B.

Parking spaces shall be provided in all zones as follows:

1.

Day care centers: one space for each employee;

2.

Hotels/motels: one space per guest room. All newly constructed hotels and motels shall provide at least ten (10) percent of required parking to be fully conditioned EV charging spaces. All construction documents indicating parking shall identify the location of these spaces;

Hospitals: one space per bed, and one additional space per each three staff members on the largest shift;

4.

Public assembly, including churches and theaters: one space per each six seats or two hundred (200) square feet of floor area, or whichever is greater;

5.

Medical and dental offices: two spaces for each exam room;

6.

Offices, professional and business: one space for each two hundred (200) square feet of floor area;

7.

Retail establishments: one space for each three hundred (300) square feet of floor area;

8.

Restaurants and licensed premises: one space for each four seats or one space for each two hundred (200) square feet of floor space, whichever yields the greatest number of spaces;

9.

Rest homes, nursing homes, convalescent homes, sanitariums, homes for aged: one space for each employee plus one space for each four beds;

10.

Wholesale, industrial and public utility buildings: one for each two employees, taking the largest number of employees on duty at any one time;

11.

Commercial uses occupying more than five thousand (5,000) square feet of floor area in any building shall provide one loading space and one additional loading space for every twenty thousand (20,000) square feet of floor area in excess of five thousand (5,000) square feet. Such facilities shall conform to the following:

a.

Each loading space shall not be less than ten (10) feet wide, twenty-five (25) feet long and fourteen (14) feet high clearance,

b.

Sufficient room for the turning and maneuvering of vehicles shall be provided on site,

c.

The loading area, access drives and aisles shall be paved so as to provide a durable and dustless surface, and shall be graded to drain as to dispose of surface water, with the design and specifications for such work being subject to the approval of the city engineer,

d.

If the loading area is illuminated, lighting shall be deflected away from abutting properties so as to not cause annoying glare to such properties;

e.

A loading area shall not be located in a required front yard, but may be located in a required side yard or rear yard;

12.

If an existing structure is unable to comply with the number of required off-street parking spaces because of lot size restrictions; the planning director or his/her authorized designee, on a case by case basis, without an appeal to the planning commission, may waive parking size and/or number of spaces that would be required for new construction.

C.

For uses not specified in this section or elsewhere in this title, the same number of spaces shall be provided as required for the most similar use as determined by the planning director.

D.

For the purposes of measuring floor area as used in this section, it means the gross floor area of the building, including all area enclosed by walls regardless of how such space may be used.

E.

Whenever there is a change in use, parking shall be provided to meet the requirement of the new use. If only a portion of a building is altered to a new use, and such change creates a need for an increase in the number of parking spaces, such increase shall be provided for the area occupied by the new use only.

F.

Whenever there is an addition or enlargement of an existing building which may not be conforming to the parking standards provided herein, and such addition or enlargement creates a need for an increase in the number of existing parking spaces by ten (10) percent or more, parking shall be provided based on the current standards for the entire building. In the event it creates a need for two or less additional spaces, no additional parking spaces shall be required.

G.

In instances where mixed uses are provided, the total requirements for parking shall be the sum of the requirements for the various uses computed separately. Off-street parking provided for one use shall not be considered as providing required parking for any other use except as herein specified for joint use.

H.

The planning commission may, upon written application by the owner of any property, authorize the joint use of parking facilities under the conditions specified herein;

1.

One hundred (100) percent of the parking facilities required for a use considered to be primarily a daytime use may be provided by parking facilities of a use considered to be primarily a nighttime use. Or, one hundred (100) percent of the parking facilities required for a use considered to be primarily a nighttime use may be provided by parking facilities of a use considered to be primarily a daytime use.

2.

The following uses are typical daytime uses: banks, business offices, personal service shops, clothing or shoe shops, or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: dance halls, theaters, auditoriums other than that incidental to public or private schools or churches. This is not the complete list, and the planning commission may find other similar uses and circumstances where such sharing may be appropriate.

3.

The following are conditions required for joint use:

a.

The building or use for which the application is being made shall be located within six hundred (600) feet of the proposed joint use parking facility.

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

c.

If the building, structure or improvement requiring parking space is in one ownership and the required parking space in another ownership, partially or wholly, there shall be a recording in the office of the county recorder of a covenant by such owners for the benefit of the city in a form approved by the city, that such owner or owners shall continue to maintain such parking space so long as the building, structure or

improvement is maintained by the owner. The covenant herein required shall stipulate that the title to and right to use space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

I.

Common parking facilities may be provided in lieu of the individual requirement contained herein, but such facilities shall be approved by the planning commission as to size, shape and relationship to the sites being

served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately.

J.

Other design standards for parking facilities:

1.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where deemed necessary by the city to protect property.

2.

Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the city engineer and planning director.

3.

If the parking area is illuminated, lighting shall be deflected away from abutting residential areas.

4.

No commercial repair work or servicing shall be conducted in a parking area.

5.

The parking area, aisles, and access drives shall be constructed with a minimum of six-inch base and a double chip and seal so as to provide a durable, dustless surface, and shall be graded and drained as to dispose of surface water, with the design and specification so such work is subject to the approval of the city engineer.

6.

Minimize the use of surface parking in large office complexes to preserve open space and reduce visual effects.

7.

When surface parking is unavoidable, cluster parking spaces into small parking areas, dispersed around the site, to avoid large paved expanses.

8.

Limit curb cut entries into project sites to maintain sidewalk and streetscape continuity. Shared driveway access on adjacent nonsingle-family properties is encouraged.

9.

Design internal driveways for safety and convenience. For dimensional standards and requirements on driveways and parking spaces please refer to this section and Section 17.76.110 of the Orland Municipal Code.

10.

All parking lots shall include appropriately striped spaces for standard and compact cars as well as handicapped spaces.

11.

Avoid parking in required setback areas to maintain landscape strips along project boundaries.

12.

Separate pedestrian and automobile traffic paths, and minimize conflict areas for safety.

13.

Provide walkways to connect parking lots to building entrances. Define walkways by landscaping, lighting and paving.

14.

Completely enclosed areas for outdoor permanent storage areas shall be required.

15.

All parking spaces shall be striped in a manner clearly showing the layout of the individual parking spaces for standard and handicapped spaces. Such striping shall be permanently maintained in a clear, visible and orderly manner.

K.

Garage conversion:

1.

Any offstreet parking spaces lost through conversion of a garage to a non-garage use in a residential zone shall be replaced with enclosed space meeting the standards for the use as required by the applicable zone district unless the conversion is a ADU or JADU. Parking replacement requirements for these type of uses are identified in Section 17.76.130.

L.

Carports:

1.

If a new carport is being provided in an existing parking area where none existed previously, and the existing parking area is not paved, no further paving under the carport or access thereto is required. This

would only apply in those instances where enclosed spaces are not required.

2.

Canvas, plastic and light metal parking structures: This type of parking cover shall not be located within a front yard or required setbacks of block emergency escape or egress routes which do not satisfy the requirements for covered parking. Placement review requires the submittal of a site plan and review fee established by the city council.

3.

Carport design, materials and colors shall be the same as main buildings. Enclose side elevations of carports to screen support columns on both ends.

4.

Where carports back up to the public streets or public view, provide rear carport walls to screen cars.

5.

Include facias in carport roof design to screen support beams and trusses.

6.

Carport roofs shall be the same as the roof design of the main building(s).

7.

Support columns shall be proportional to the structure in carports (match stick columns are not allowed).

8.

Carport sales and displays require a conditional use permit. Carport sales are not allowed in any residential zoning district.

M.

Parking Structures.

1.

Heavy metal parking structures and structures that are required to be installed on footings must meet the California Building Code requirements.

2.

Large commercial parking structures are not allowed in, or adjacent to, any residential zoning district.

3.

Elevation designs shall maintain similar proportions and rhythm of architectural elements with those on adjacent buildings for architectural harmony.

4.

Use the street level of parking structures for retail uses, or screen by dense landscaping and berming for visual relief.

(Ord. 2007-05 § 3 (part); Ord. No. 2022-02, Exh. A; Ord. No. 2022-03, Exh. A)

Landscaping shall be used to enhance sites and buildings, parking areas, control climate and noise, create transition between adjacent uses, unify various site components, and define and separate functions and activities.

A.

Landscaping shall be provided in new parking lots whenever ten (10) or more spaces are required. If the parking is required as an addition to an existing use, landscaping as required herein shall only be required for the new parking spaces.

B.

Prior to the issuance of a building permit and when ten (10) or more spaces are required, the applicant shall submit to the planning director a site plan setting forth the landscaping proposed to be developed in or adjacent to the parking area. Such site plan shall include any proposed landscaping strip, planter areas, trees, shrubs, vine or ground cover plantings. The plan shall be drawn to scale and plants clearly located and labeled as to the size, type and botanical or common name.

C.

The following landscaping standards apply to new development and required parking areas:

1.

Within the perimeter of a parking area, five percent of the parking area shall be planted with trees, shrubs and ground covers.

2.

Fully screen parking lots adjacent to public streets by landscaping and berming, as approved by the city of Orland. Screening shall be at least three feet high at the street level and shall be at least fifteen (15) feet wide.

3.

Fully screen below grade parking from public view at street level by landscaping and berming.

Driveway entrances shall receive special landscape treatment to break up paving expanses and to define the site entrance.

5.

There shall be a minimum of one fifteen (15) gallon-sized tree of two and a half inch diameter at breast height (dbh) planted for each ten (10) parking spaces. The trees shall be planted in approved tree well designed to minimize root damage to the pavement. The trees shall be spaced to provide shade for the parking lot.

6.

Shrubs and ground covers shall be provided in a quantity and size to provide seventy-five (75) percent coverage of the required landscape area in three (3) years. Bark and decorative rock may be used in the interim to cover the ground until plants mature. Lawn may also be used to satisfy the five percent requirement when each lawn area contains at least one hundred fifty (150) square feet.

7.

Reserved.

8.

Utilize landscaping around the perimeter of new buildings to enhance buildings, not to cover an unacceptable design. Ivy on blank walls is prohibited.

9.

Landscape design shall demonstrate a concept and link various site components. Placement and type of plant materials shall relate to the site and buildings. When selecting landscape material for parking lots, trees with deep roots shall be selected to avoid damaging the pavement.

10.

Preserve and incorporate existing natural features, particularly trees, on a site into the landscape design(s) of projects.

11.

Use of a Certified Arborist or landscape architect to protect existing heritage trees during construction is encouraged.

12.

Properly landscape all areas not covered by structures and driveways.

13.

Landscaping shall always consist of live plant material. Use of colored rock, wood bark, and gravel in place of landscaping is not allowed, unless privately maintained.

Choose a variety of plant material with different textures and colors.

15.

Landscaping shall be required to always combine trees and shrubs with living ground cover.

16.

Use of appropriate native vegetation is encouraged. Use water conserving plant materials in twenty-five (25) percent of all landscaped areas, where feasible.

17.

Where landscaping is provided, adequate irrigation and maintenance thereof shall be provided, including replacement of dead trees, shrubs, vines or other ground cover required pursuant to this section.

18.

Install street trees along street side of projects according to the department of public works.

a.

Trees recommended for planting in the city of Orland:

(i)

Small Trees:

Golden Rain Tree (Koelreuteria paniculata)—Deciduous, from twenty (20) to thirty (30) feet tall. Flowers are yellow panicles and fruit is a red-brown papery capsules. Fall color is not effective. They will take the sun, cold, salts, drought, wind and heavy clay soils if drained.

Autumn Gold (Ginkgo Biloba)—Deciduous, thirty (35) to fifty (50) feet tall, deep rooted, disease-free. Leaves turn gold in the fall. Specimens just west of Orland in Library Park. Plant only male trees since female trees produce messy fruit.

Flowering Plum (Krauter Vesuvius)—Deciduous, reaching twenty (20) feet tall. Dark purple leaves with fewer fruit than other varieties.

Bradford Pear (Pyrus Calleryana)—Deciduous, fifteen (15) to twenty-five (25) feet tall. White flowers with red foliage in the fall.

Washington Hawthorn (Crataegus Phaenopyrum)—Deciduous, reaching twenty-five (25) feet tall, and twenty (20) feet wide. Orange red foliage in the fall, bright Chinese red berries.

(ii)

Larger Trees:

Chinese Pistache (Pistacia Chinensis)—Deciduous, sixty (60) feet tall and fifty (50) feet wide. Stake and prune young trees above head height. Spectacular fall foliage.

Chinese Tallow (Sapium Sebiferum)—Deciduous, grows to thirty (30) feet tall, good fall color. Will take sun, acid soil. Good lawn tree but may sucker. Prune young tree for structure.

Holly Oak (Quercus Ilex)—Grows forty (40) to seventy (70) feet tall; growth rate is moderate depending on the soil and water conditions. Will take sun, wide drought, heavy pruning and makes a good lawn tree. Evergreen. Flowers are catkins.

Mayten Tree (Maytenus Boris)—Weeping evergreen, neater than weeping Willow. Slow growth to fifty (50) feet. Stake and prune when young.

Tulip Tree (Liriodendron Tulipifera)—Deciduous, erect growth to forty-five (45) feet or more. Tulip shaped lime/orange colored flowers. Takes the sun, cold. Susceptible to scale, aphids. Good lawn tree.

Village Green (Zelkova Serrata)—Deciduous, moderately fast growth to sixty (60) feet tall and equally wide. Stake and prune when young. Yellow/red fall foliage.

European Hackberry (Celtis Australis)—Deciduous, fifty (50) to seventy (70) feet tall, forty (40) to fifty (50) feet wide. Fast growth, has small purple berries, takes the sun and most soils.

Scarlet Oak (Quercus Coccinea)—Deciduous, sixty (60) to eighty (80) feet tall. Fast growth, scarlet fall foliage. Takes the sun and some drought conditions. Best oak for fall color. Fairly pest free.

19.

Incorporate design and location of walls and fences into the landscape design of projects.

20.

Highly visible areas of the site shall receive special landscape treatment.

21.

Incorporate all site furniture including planters, tree grates, newspaper racks, and light fixtures into the landscape design of projects. Bicycle lockers and/or racks shall be located near building entrances only and shall be clearly defined.

22.

Site furniture and light fixtures shall follow the same design concept as the major structures on the site.

23.

Always enhance automobile and pedestrian traffic paths by landscaping.

24.

Unless otherwise established and excepting required yards having a setback of less than five feet, provide a minimum of a five-foot wide landscape strip along all public street sides of development. Landscape

strips of more than five feet are encouraged to enhance the public streetscape. Landscaping within this area shall include one, fifteen (15) gallon-sized tree for each one hundred (100) feet of frontage, and at least one gallon-sized shrub for each five feet of frontage. Such landscaped area may also be planted with lawn or ground cover plants. Other decorative non-plant ground covers may be used as long as they do not exceed twenty-five (25) percent of this landscaped area as approved by the city planner. None of this setback area landscaping shall qualify for the five percent requirement in subsection (C)(1) above. Landscaping shall not infringe on or conflict with any city public right-of-way. Caltrans may require landscaping for any development within its rights-of-way.

25.

Provide a minimum of a four-foot wide landscape strip along the sides and rear of all projects.

26.

Parking lot light poles shall not exceed sixteen (16) feet in height.

27.

New sidewalks shall be integrated into the existing frontage landscaping to maintain street continuity. Where new sidewalks are required, mature trees and landscaping shall be preserved as much as possible by meandering sidewalks around them.

28.

Natural features on a site such as mature trees, creeks, views, etc., shall be preserved and incorporated into the site design of the project.

29.

Landscape buffers shall always be provided between parking lots and public streets, and parking areas and buildings.

30.

Whenever security gates are provided, sufficient parking shall be provided outside of the gate area for visitors as approved by city staff.

31.

Parking lots shall have adequate directional signs for visitors, delivery vehicles and employees in accordance with Chapter 17.78, Sign Ordinance, of the Orland Municipal Code.

32.

Future phases of a project site already cleared and graded shall be adequately treated (e.g., hydro mulch) to prevent erosion and reduce aesthetic impacts.

33.

Sites adjacent to creeks and canals shall give special attention to the landscape, fence, and wall design in order to enhance natural features or minimize development impacts.

34.

Landscaping shall be adequately distributed throughout the parking lots to reduce the effects of heat and glare from pavement.

35.

When parking lots are adjacent to public rights-of-way, parking shall be screened by combining berms, shrubs and trees.

36.

When tree wells are provided, the wells shall be a minimum of five feet square. Interlocking pavement is recommended around tree wells.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A))

Pre-manufactured structures, including mobilehomes, may be located on individual lots for residential or office use only under the following regulations as stated by Government Code Section 65852.3:

A.

Structures. Only structures certified by the Department of Housing and Urban Development as meeting the requirements of the National Mobile Home Construction and Safety Standards Act of 1974, or meeting all requirements of the California Building Code, will be allowed.

B.

Permanent Residential Use.

1.

Pre-manufactured structures for residential use may be located only in residential zones. Such structures shall be installed on a solid concrete or masonry foundation, extending a minimum of twelve (12) inches below grade, and the structure, foundation and anchorage system shall conform to the requirements of the California Building Code.

2.

The under-floor area of the structure shall be enclosed with permanent materials conforming to California Building Code requirements for contact with, or separation from, the soil.

3.

Roofing and exterior siding materials shall be of types customarily used on conventional dwellings. The planning commission shall adopt, and revise as appropriate, a list of materials which are approved.

4.

Manufactured single-family residential structures shall be of an integral unit design. Two or more structures, each of which is designed for use separately, shall not be installed on a single lot.

5.

The finished floor elevation of the pre-manufactured home shall be equal to or less than the immediately adjacent neighboring homes on either side of the pre-manufactured home fronting on the same street.

6.

A building permit shall be obtained for installation of a pre-manufactured residential structure. The application for a building permit shall include a site plan showing structure placement, sufficient foundation drawings and details to verify compliance with the foundation requirements of this section, and descriptive information and certification of the structure.

C.

Temporary Office Use.

1.

A pre-manufactured structure may be used as a temporary office, in commercial or industrial zones, for a period not exceeding six months, during reconstruction of a damaged structure, or alteration of an existing structure. The planning commission may extend the temporary use foran additional six-month period, provided substantial progress has been made in the permanent construction.

2.

Temporary installations may be made with temporary masonry or steel foundations. Adequate anchorage shall be constructed to conform to the California Building Code.

3.

A building permit shall be obtained for temporary installation of a pre-manufactured structure.

(Ord. 2007-05 § 3 (part))

17.76.130 - Accessory dwelling units and junior accessory dwelling units.

A.

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are defined in § 17.08.145.

Applications for ADUs and/or JADUs:

In single-family or multi-family residential zones are an allowed use in all single-family and multi-family zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements: and

2.

In industrial zones, ADUs and JADUs are allowed if the property has an existing or proposed single- or multi-family dwelling. The ADU or JADU shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements:

a.

The increased floor area of an attached ADU shall not exceed fifty (50) percent of the proposed or existing primary dwelling living area, as long as the size limitation permits an ADU at least eight hundred (800) square feet. in size, at least sixteen (16) feet in height with four-foot side and rear yard setbacks, and that can be constructed in compliance with all other local development standards. Maximum allowed increase in floor area for an ADU is one thousand two hundred (1,200) square feet. Maximum allowed increase in floor area for a JADU is five hundred (500) square feet.

b.

An ADU or JADU is not intended for sale but may be rented for a period greater than thirty (30) days. Shortterm rental (30 days or less) of these units is not allowed. An ADU shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division. Under no circumstances may a JADU be sold separately from the primary dwelling. The prohibition of the sale of a JADU separate from the primary dwelling must be recorded on a deed restriction.

c.

The lot contains an existing or proposed single- or multi-family dwelling.

d.

The lot in which the use is proposed is in a zoning district which allows for single- or multi-family use.

e.

Owner-occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. Owner occupancy of an ADU on the property is not required between January 1, 2020 and January 1, 2025, However, owner occupancy of the single-family residence in which a JADU will be permitted is required. The owner may occupy either the remaining area of the primary dwelling or the JADU. The owner occupancy requirement associated with a JADU shall be recorded on the property deed.

f.

For a project which proposes a new single- or multi-family dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.

g.

ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling.

h.

No setback shall be required for an existing living area, garage, or accessory structure that is converted to an ADU or JADU. However, fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those dwelling units not meeting otherwise required setback standards.

A setback of four feet shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

i.

An ADU or JADU shall not be subject to the following requirements: building coverage, surface coverage, minimum lot size, or any floor area ratios or open space requirements.

j.

With the exception of those requirements discussed in divisions h. and i. above, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.

k.

Parking requirements for ADUs and JADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those ADUs and JADUs in any of the following instances:

i.

The ADU or JADU is located within one-half mile of public transit.

ii.

The ADU or JADU is located within an architecturally and historically significant historic district.

iii.

The ADU or JADU is part of the existing primary residence or an existing accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant of the ADU or JADU.

v.

When there is a car share vehicle located within one block of the ADU or JADU.

l.

Offstreet parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

m.

The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an ADU or an existing attached or detached garage, carport, or covered parking demolished to construct a new ADU shall not be required for the construction and use of the ADU.

The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a JADU or an existing attached garage, carport, or covered parking demolished to construct a new JADU shall not be required for the construction and use of the JADU.

n.

All ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs and JADUs not meeting setbacks.

o.

For those ADUs or JADUs contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the ADU or JADU and the utility, no related connection fee or capacity charge shall be imposed for this structure.

For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

p.

Development impact fees for ADUs shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for ADUs of seven hundred fifty (750) sq, ft, or less in size.

q.

For an ADU that is not described in division o. above, a new or separate utility connection directly between the ADU and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its

size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

r.

A maximum of one ADU and one JADU are allowed per lot occupied by a single-family residential unit if the following is met:

i.

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure.

ii.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

iii.

The space has exterior access from the proposed or existing single-family dwelling.

iv.

The side and rear setbacks are sufficient for fire and safety.

v.

The ADU and JADU complies with the requirements of §§ 17.76.130 and 17.08.145.

s.

Multiple ADUs shall be allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

At least one attached ADU and a maximum of 25 percent of the existing multi-family dwelling units shall be allowed in a multi-family structure.

Up to two detached ADUs that are located on a lot that has an existing multi-family dwelling shall be allowed on that multi-family lot. These detached ADUs are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.

t.

The city shall ministerially review and act on a building permit application for an ADU and JADU within sixty (60) days after receiving the application. An ADU or JADU unit proposed with a permit application for a new primary dwelling unit shall not be approved until the primary dwelling receives approval.

u.

Newly constructed accessory dwelling units are subject to the 2019 California Energy Code (Cal. Code Regs., Title 24, Part 6, Subchapter 8, Section 151.1(14)) requirement, with exceptions, to provide a solar photovoltaic (PV) system if the unit is a newly constructed, non-manufactured, detached accessory dwelling unit. The solar panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the energy code requirement to provide a PV system.

v.

Additional JADU requirements:

i.

One JADU unit is allowed per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

ii.

The creation of a JADU must be within the walls of the proposed or existing single-family residence. JADUs are not allowed in accessory structures. Attached garages are eligible for JADU creation.

iii.

The JADU is required to include a separate entrance from the main entrance to the proposed or existing single-family residence but may also include shared access between the two units.

iv.

No passageway shall be required in conjunction with the construction of a JADU. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.

(Ord. No. 2018-03, (Exh. A); Ord. No. 2020-06, (Exh. B); Ord. No. 2022-03, Exh. A)

Editor's note— Ord. No. 2018-03, Exh. A, adopted Aug. 20, 2018, repealed the former § 17.76.130, and enacted a new § 17.76.130 as set out herein. The former § 17.76.130 pertained to second dwellings and derived from Ord. No. 2007-05, § 3 (part); and Ord. No. 2015-01, § 1 (Exh. A); Ord. No. 2020-06, (Exh. B).

A.

When authorized herein by this title, tract offices shall satisfy the following requirements;

1.

Tract offices shall be removed within thirty (30) days of the sale of the last lot or home in the subdivision. If the office is located in a converted garage, the garage shall be converted back to garage usage within this thirty (30) day period.

The tract office shall not be used for general real estate sales of properties located outside of the subdivision;

3.

The tract office shall meet all main building setback requirements for the zone in which it is located.

4.

A pre-manufactured structure may be used for the tract office subject to the provisions of Section 17.76.130, except that it shall only satisfy the length of stay and removal requirements of this section.

5.

In projects over twenty-five (25) lots or homes, off-street parking shall be provided for at least two vehicles, unless the city engineer determines there is adequate on-street parking available.

6.

Temporary exterior signage shall be limited to one sign not exceeding thirty-two (32) square feet. Additional signage may be permitted by approval of a use permit.

(Ord. 2007-05 § 3 (part))

17.76.150 - Transmission and distribution lines.

Transmission and distribution lines both overhead and underground, shall be permitted in all districts without limitation as to height, without the necessity of obtaining a use permit; provided, however, that the routes of all proposed gas, telephone, television cable and electric transmission lines shall be submitted to the planning commission for review and approval prior to the acquisition of rights-of-way or application to the public utility commission.

(Ord. 2007-05 § 3 (part))

Yard sales, as permitted in residential zones or as pursuant to this code, shall be subject to the regulations of this section.

A.

"Yard sales" means any event other than a sale actually operated in conjunction with a regularly licensed commercial or retail operation which is advertised by any means whatsoever as a place or location to which members of the public, at any time, may purchase identifiable or tangible personal property, for sale by an individual or group of individuals, which is conducted at a private residence as an occasional sale and not on a regular basis. Also included in this definition are garage sales, patio sales, estate sales, rummage sales or any similar sales.

B.

The term "yard sale," as used in this title, shall not include a rummage sale, conducted by a bona fide, nonprofit organization conducted at any public building, church or building in a commercial zone. Nothing contained in this title is intended, nor shall it prevent or prohibit various types of sales held by such charitable or social organizations.

C.

It shall be lawful for any person or persons to conduct a yard sale at a place of residence, provided that no such person or persons shall conduct more than three such yard sales per year, and such sale shall not take place over a longer period than two consecutive days. It shall be lawful for two or more persons having adjacent places of residence to join together in such a sale and each person joining in such sale shall not again participate in a yard sale for a period of at least one year. Goods sold at a yard shall be personal property owned by the seller or sellers, and shall not in any case include merchandise or personal property purchased elsewhere for resale at a yard sale. In any case where the state requires a resale permit for the sale of merchandise, the person or persons conducting the sale shall have first obtained such resale permit.

D.

All sales as defined in this title shall be conducted between the hours of eight a.m. and sunset. Goods shall not be displayed in the public right-of-way.

E.

It is unlawful for any person or persons to advertise a yard sale by attaching notices or posters to structures, signs or sign supports, utility poles or other supports, excepting upon the premises where the sale is being conducted, without first having obtained consent of the owner of such support to post such notice or poster. One sign not exceeding two feet by two feet in size may be posted on the property where the sale is being held during the sale only.

F.

All merchandise offered for sale shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale.

G.

Any person or persons violating the provisions of this section shall be guilty of an infraction and upon conviction shall be punished as provided by law.

(Ord. 2007-05 § 3 (part))

A.

Use in Residential Zones. The permanent use of prefabricated exterior storage containers such as cargo containers or truck trailers is not permitted in residential zones. Temporary use of storage containers in residential zones may be approved subject to the following conditions:

1.

Any temporary use of storage containers will require an administrative use permit (AUP).

2.

Temporary uses are limited to a time period of thirty (30) days; extensions to this time period may be granted by the city.

3.

In the case of unforeseeable property damage or natural disaster, temporary use of storage containers will not require permit fees.

B.

Use in Commercial Zones. The use of storage containers in commercial zones as an accessory use to the primary permitted use on the same site is subject to the following conditions:

1.

Required conditional use permit (CUP) and site plan review.

2.

Subject to design review criteria and setback requirements defined for accessory structures in commercial zones.

3.

The planning commission shall determine appropriate siting, time limits, and other conditions as may be necessary to assure minimal impact to adjacent properties.

C.

Use in Industrial Zones. Storage containers are permitted in industrial zones as an accessory use to the primary permitted use on the same site, subject to the following conditions:

1.

Use in Heavy Industrial (HI) zones is permitted with an administrative use permit (AUP).

2.

Use in Light Industrial (LI) zones is subject to site plan review.

D.

General Requirements. The use of storage containers in any zone within the city limits must adhere to the following conditions:

1.

Storage containers may only be used for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.

2.

Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.

3.

Storage containers must be oriented to minimize the view from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.

4.

Storage containers shall be painted in a color matching or similar to the field color of the primary structure and/or properly screened with screening walls and/or landscaping. Graffiti shall be removed within twentyfour (24) hours from any storage container or screening.

5.

The placement of any signs, advertising copy, banners, or similar item is prohibited on storage containers.

6.

No more than two storage containers with a combined floor area of no more than six hundred forty (640) square feet shall be allowed. Storage containers shall not exceed a height of ten (10) feet.

7.

Storage container location: Setbacks shall be the same as those for the underlying zone.

E.

Additional permitted temporary uses of storage containers include the following:

1.

Seasonal fireworks booths for sale and storage of fireworks.

2.

Construction sites.

F.

This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers provided which container or trailer is only on the property temporarily and not utilized for outside storage purposes.

(Ord. No. 2016-03, § 3(Att. A))

17.76.180 - Exterior color palette: Commercial zones.

A.

Color Selection.

1.

Exterior facade colors of structures developed within Commercial zones shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity or fluorescent colors is prohibited. The standard approved color palette is maintained at the planning department.

2.

Trim and accent areas up to a maximum of ten percent of the building facade may feature brighter, more intense colors, including primary colors.

3.

The transition between base and accent colors shall relate to changes in building materials or the change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.

B.

Permit Required Where Color Not Included on the Standard Palette. No person shall paint or cause to be painted the exterior of any commercially zoned building owned by him or her or under his or her control within the city, without having first obtained an appropriate permit therefor from the planning department, if the intended paint color(s) is (are) not included on the standard palette.

C.

Application. An application for an exterior paint permit, required if the intended paint color(s) is (are) not included in the standard palette, shall provide the following information:

1.

The name, address and telephone number of the applicant.

2.

The address of the subject property.

3.

Samples of color(s) that are to be used, with designation of the manufacturer, the name of the color(s) and serial number.

D.

Permit Fee. There shall be a twenty-dollar fee required for the exterior paint permit.

E.

Appeal. The decision of the planning director or his designee may be appealed to the planning commission by the applicant pursuant to Chapter 17.92 of this Title 17.

F.

Compliance. The provisions of this section shall apply to all new construction and repainting proposed after the adopted ordinance [from which this section derives].

(Ord. No. 2017-03, § 2)

17.76.190 - Fence standards.

A.

Fence Setback Standards in the R-1 R-2 and R-3 Residential Zones are as follows:

1.

Front Yard: twenty (20) feet:

2.

Side Yard: five feet.

3.

Street Side Yard: Ten (10) feet.

4,

There is no fence setback requirement for fences in rear yards.

5.

Hedges, walls. and shrubs shall comply with the same setback requirements as fences.

a.

See fence height standards under item C below.

No fences hedges walls or shrubs shall prevent home or building access by emergency personnel.

7.

No fence shall be located within three feet of a fire hydrant or any facility requiring access by a first responder or a utility company.

B.

Fence visibility triangle requirements:

1.

Fences located where two streets, alleys, driveways, or any combination of two meet at a corner apex[1] shall include a visibility cutout if located within ten (10) feet of a street or alley and over three feet in height. The visibility cutout is for protecting pedestrian and traffic safety.

a.

The visibility triangle size shall be based on the street type as shown in the table below. If two different street types meet at the apex the size of the visibility triangle shall be based on the street with the larger visibility triangle size requirement. Depending on the required visibility triangle dimensions, the visibility triangle shall extend either twenty (20) feet or thirty-three (33) feet in both directions from the triangle apex of the corner of the property.

b.

The visibility triangle shall be measured from the corner apex, even if the apex extends beyond the property line or the sidewalk.

1. The apex is the tip of the triangle, forming a point. The apex, as used here, is depicted in the figure below.

==> picture [300 x 138] intentionally omitted <==

c.

Hedges, walls, and shrubs shall comply with the same visibility triangle requirements as fences.

C.

Fence height standards in the R-1 R-2 and R-3 residential zones are as follows:

1.

All fences within a front yard, side yard, or street side yard fence setback area shall not exceed three feet in height for the main body of the fence while intermittent decorative pillars and fence posts may extend up to forty-two (42) inches (3.5 feet) in height, as long as the visibility of the roadway is not obstructed. All fences not within such setback areas shall not exceed six feet in height. Such fences are permitted by right.

2.

In a location where six-foot fences are permitted by right, a fence between six and seven feet tall may be constructed, pursuant to the following requirements: Street side yard fences up to seven feet tall may be approved by the city through the use of an administrative fence permit if one foot of lattice (or other fifty (50) percent view permeable material) is incorporated into the top one foot of the fence design: and if there are no sight distance area problems as determined by the city manager or their designee.

3.

Hedges, walls, and shrubs shall comply with the same height requirements as fences.

4.

Fences, walls, hedges, and a combined fences and walls shall be measured in height from the uphill perspective if located on a grade or slope.

D.

Fence material standards in the R-1 R-2 and R-3 residential zones are as follows.

1.

Generally permitted materials:

a.

Lattice, non-pallet wood, prefabricated decorative wrought iron fence panels, prefabricated vinyl fence materials, chain link, brick or masonry block.

2.

Materials requiring city approval:

a.

Rock, composite stone any fence of non-standard design or materials.

3.

Prohibited materials:

a.

Ty-vek or like materials, corrugated materials, sheet metal of any type, bamboo, hay, twine, barbed wire, livestock or chicken wire, tarp, electric fencing, fabric, PVC pipes, thin plastic or plastic netting, materials that are potentially hazardous to people or animals (e.g. sharp, electric, etc.) and other like materials deemed by the city to be unacceptable are prohibited.

E.

Fence standards for the C-1 C-2 DT-MU C-H. M-L and the M-H zones are as follows;

1.

All fences and fencing materials require an administrative fence permit approved by the city manager or their designee prior to installation. Tv-vek or like materials, corrugated materials, tin, aluminum, bamboo, hay, and other like materials deemed by the city to be unacceptable are prohibited. All fencing material and fence construction shall be approved by the city in accordance with the Orland Municipal Code and the California Building Code, prior to construction of the fence.

2.

Any masonry and stucco walls require a building permit if greater than three feet in height.

3.

Fences and walls shall be compatible in style and material with the main structures on a site.

4.

To avoid the monotony of long solid walls and fences around the perimeter of projects, variation in height, texture and color is recommended with approval by the city.

5.

Signs, lights, and other street furniture incorporated into the design of fences and walls are encouraged.

6.

Barbed wire fencing may be used for security purposes only, in all zones listed under D above, extent the DT-MU Zone. All chain link fencing requires slats. In the DT-MU zone, barbed wire fencing is prohibited, and all chain link fencing requires slats.

7.

Screening devices shall be made of opaque (solid) materials such as wood or masonry blocks.

8.

Fences and walls used for noise control shall be made of materials most suited for noise reduction, and which minimize reflective sound.

9.

Security fencing and gates shall be of an open type to allow for maximum visibility of the secured area. Wrought iron and cast-iron fences are recommended for security fences and gates for all uses.

10.

Fencing shall be a maximum of six feet in height. Fencing over six feet in height, excepting subsection 2 above, shall require a building permit. All corner lots, including corners on alleys, shall be a maximum of three feet in height within the front and exterior side yard setback areas.

11.

All fences shall be made of durable and weather-resistant materials as approved by the city.

(Ord. No. 2021-01, (Att. B))

Chapter 17.78 - SIGN ORDINANCE

Sections:

This chapter is adopted pursuant to the authority vested in the city of Orland and the state of California, including but not limited to: the State Constitution Article XI, Section 5, California Government Code Sections 65000 et seq., 38774, 38775, 65850(b), California Business and Professions Code Section 5230, and Penal Code 556.

(Ord. No. 2016-08)

The city council finds that unregulated and uncontrolled construction, erection, and lack of maintenance of signage in the city will result in excessive and inappropriate signage that has an adverse impact on the overall visual appearance of the city, which will adversely affect economic values. Unregulated and inappropriate signage can also increase risks to traffic and pedestrians by creating hazards and unreasonable distractions. It is, therefore, necessary to enact sign regulations to safeguard and preserve the health, property and public welfare of Orland residents through control of the design, construction, location and maintenance of signs as an information system, which preserves and enhances the aesthetic character and environmental values of the city of Orland, its residential neighborhoods and commercial/industrial districts consistent with the goals, policies, and strategies of the general plan while providing an effective means for members of the public to express themselves through the display of signs. Regulations within this chapter will minimize visual clutter, enhance safety through design and placement of signs, and preserve the aesthetics and character of the community. By adopting this chapter, the city council intends to balance the needs of the city's residents, businesses, institutions, and visitors for adequate identification, communication, and advertising with the objectives of protecting public safety and welfare and preserving and enhancing the aesthetic character and environmental values of the community, by:

A.

Encouraging communications that aid orientation and promote economic vitality while preventing visual clutter that will detract from the aesthetic character of the city;

B.

Applying basic principles of good design and sensitivity to community appearance to signage to avoid the creation of nuisances and privacy violations that will degrade the value of surrounding properties;

C.

Enhancing safety by ensuring that signs are designed, constructed, installed, and maintained in compliance with minimum standards necessary to provide adequate visibility and to avoid the creation of hazards or unreasonable distractions for pedestrians or drivers; and

D.

Ensuring that the constitutionally-guaranteed right of free speech is protected.

(Ord. No. 2016-08)

This chapter regulates signs, as defined herein, that are located or mounted on private property within the corporate limits of the city of Orland, as well as signs located or mounted on public property that is owned or controlled by public entities other than the city of Orland, and over which the city has land use or zoning authority. The provisions set forth in this chapter shall apply in all zoning districts of the city, except where expressly stated otherwise. No sign within the regulatory scope of this chapter shall be erected or

maintained anywhere in the city except in conformity with this chapter. This chapter applies prospectively only. For the regulatory purposes of this chapter, the following are not within the definition of "sign":

A.

Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);

B.

Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices;

C.

Manufacturers' marks: Marks on tangible products, that identify the marker, seller, provider or product, and that customarily remain attached to the product even after sale;

D.

Certain insignia on vehicles and vessels: on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

E.

Newsracks and newsstands;

F.

Door mats, floor mats, welcoming mats and similar devices;

G.

Legally placed vending machines displaying only onsite commercial or noncommercial graphics, and driveup or walk up service facilities such as gas pumps and automated teller machines.

H.

Shopping carts identifying the establishment to which they belong.

(Ord. No. 2016-08)

Generally. As used in this title, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Explanatory diagrams of some of the sign definitions set forth herein are provided at the end of this chapter.

"Advertising surface (facing)" means the entire surface on which any type of letter, figure, emblem, trademark, logo, picture, or other advertising materials is placed, or may be placed unless otherwise

described. For portable signs, the "advertising surface" area of the sign shall be calculated as the full exterior dimensions of the physical sign.

"Appurtenant sign" means a sign pertaining to the business or activity carried on at the premises upon which the sign is located, constructed or erected.

"Awning or canopy" includes any structure made of cloth, metal or other suitable material with a metal frame attached to a building and projecting over a public or private pedestrian walk and supported by the ground or building sidewall.

"Awning/canopy sign" means any advertising of any nature, which is painted, printed, sewed or otherwise attached to an awning or canopy.

"Building" means any structure having a roof supported by columns or by walls and designed for the shelter and housing of any person, animal or chattel, including any underground shelter, swimming pool, or any commercial or industrial structure designed for the sale, storage, or manufacture of anything of value.

"Bulletin board" means a place where people can leave public messages, for example, to advertise things to buy or sell, announce events, or provide information.

"Community event signs" means any temporary signs which are displayed for the purpose of identifying an upcoming community and/or non-profit event, such as a benefit dinner, a home and garden show, a sporting event, or a school theater performance.

"Corner lot" means a lot located and being at the junction to two or more intersecting streets with a boundary line thereof bordering on each of such streets and where such streets intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees the lot is considered an interior lot. The shortest such street frontage shall constitute the front of a rectangular lot for purposes of determining front, side and rear yards. Where the front of a lot differs by the reason of the prevailing custom of the other buildings on the block, the planning director may determine the front lot line consistent with the orientation of other structures in the area.

"Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the director of public works.

"Digital display sign" means signs which use technologies such as LCD, LED and projection to display content such as digital images, video, streaming media, and information.

"Electrical Code" means the electrical code of the city of Orland.

"Electrical sign" means any sign which is wired to provide current employed in illuminating or animating any part of the sign, except flood lighting.

"Embellishments" means that portion of any sign structure or sign which contains no moving parts, is not animated, nor illuminated, and which contains no advertising copy, nor conveys any portion or all of any advertising message, and is generally located above the message portion of any sign and is constructed for aesthetic purposes as part of the decorative trim of the design of the overall sign structure.

"Erect" means to build, construct, attach, hang, place, suspend or affix to or upon any surface.

"Face of building" means the general outer surface of a structure or wall of a building facing a street.

"Facing or surface" means the surface of the sign upon, against, or through which the copy or message is displayed or illustrated on the sign.

"Flag signs" means any cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle.

"Frontage" means the full length of a plot of land or a building measured alongside the road on to which the plot or building fronts.

"Hanging sign" means a sign that is hanging from a permanent building canopy or marquee existing over a pedestrian walkway and is sized and located in a manner to service pedestrians using the walkway, advising them of the adjacent use.

"Joint tenant" refers to a business that uses a premise/facility to sell goods and is directly adjacent to the parcel of land at which the "joint tenant" sign is physically located.

"Marquee" means a permanent roofed structure, attached to and supported wholly by the building and projecting over a pedestrian walkway.

"Monument sign" is a freestanding ground mounted sign not exceeding eight feet above ground level.

"Multiple tenant sign" means a sign that includes as copy, only the names of two or more businesses, places, organizations, buildings or persons it identifies.

"Multi-user digital display pole/pylon sign" means a pole or pylon sign that allows for the digital display of multiple businesses on a single sign. These signs are only allowed in the Highway Business Area pursuant to Section 17.78.410.

"Noncommercial sign" means any sign not advertising or promoting a business entity, commercial activity or product for sale and sets forth the ideas or beliefs of the owner or occupant of the property upon which such sign is placed regarding political, sociological, religious, or economic subjects of public interest or general concern.

"Off-site sign" means a sign identifying a use, facility, service, event or product that is not located, sold, held, offered or manufactured on the same premises as the sign. Off-site signs shall not be permitted, except for temporary community event signs per Section 17.78.440.

"On-site sign" means a sign identifying a use, facility, service, or product that is located, sold, and/or manufactured on the same premises as the sign.

"Pole sign" or "post sign" means any advertising of any nature which is wholly supported by one or more pole or posts set in or attached to the ground.

"Portable sign" means any sign which is designed to be portable or readily moveable by a person to identify the location of a business, the sales of merchandise or to advertise an event and which is generally to be located on the ground or on a legal and permanent fixture attached to the ground. Sandwich signs;

T-, H-, and A-frame signs; signs with wheels, banner signs, flag signs and similar types of signage are all considered to be portable signs.

"Projecting sign" means any sign other than a wall sign, which is suspended from or supported by any building, pole, post, or structure, which projects outward therefrom.

"Real estate sign" means any sign advertising for sale or lease of the lot or parcel of land upon which it is erected or maintained.

"Roof sign" means any sign of any nature, together with all its parts and supports, which is erected, constructed, or maintained on or above the roof or parapet of any building including wall signs which extend above the roof or parapet of any building. Roof signs are prohibited within the Orland city limits.

"Seasonal signs" means any signs which are displayed in conjunction with an approved use permit for a seasonal event, such as pumpkin patches, Christmas tree lots, and firework displays. Seasonal signs must adhere the conditions of the use permit and to Section 17.78.700 - Prohibited signs, but are otherwise exempt.

"Sign" means any medium including its structure and component parts, which is erected out of doors and which is used or intended to be used to attract public attention of the subject matter therein, including window signs as defined herein.

"Sign business" means the business of selling, offering for sale, leasing or renting, electric and non-electric signs and includes the business of painting, construction, erection, maintenance or repair of signs upon buildings, fences, windows, posts, structures and surfaces.

"Sniping" means advertising by the pasting, posting, sticking, tacking, hanging, affixing or placing of cloth, paper or cardboard bills, cards or posters, or metal signs, to or upon fences, posts, trees, buildings, structures or surfaces other than outdoor advertising structures. This definition does not include any sign or notice issued by any court or public office or posted by any public officer in performance of a public duty or by a private person in giving a legal notice, or any cloth, paper or cardboard sign advertising for sale or lease the property upon which it stands or any type of sign permitted elsewhere in this title.

"Special event signs" means any temporary signs which are displayed for the purpose of identifying a business, use, service or a special business-related event. Such signs shall not be used for the purpose of advertising specific products. Examples of special events are grand openings, special sales, and moving sales.

"Street" means a public or private thoroughfare which affords the principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground or underground.

"Structural trim" means the molding, battens, cappings, nailing strips, latticing, platforms and letters, figures, characters or representations in cut out or irregular form which are attached to the sign structure.

"Temporary sign" means any sign constructed of durable weather-resistant material, such as cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed on a temporary basis. Regulation of temporary signs is provided in section 17.78.440.

"Use permits or conditional use permits" are conditional use permits as provided in Chapter 17.80 of Title 17 of the zoning ordinance, and shall comply with all procedures and requirements as provided therein.

"Wall" means any exterior surface of a building or any part thereof excluding the roof.

"Wall sign" means any sign of any nature which is attached to or supported by a wall of a building, or painted directly on the wall and shall include all parts and supports of such sign. Signs hanging from a porch or canopy and parallel to the face of the building shall be considered wall signs.

"Window sign" shall mean a sign that is applied or attached to a window or located within two and a half feet of the inside of a window and intended for view by the pedestrian or vehicular traffic.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2013-04, § 17.78.035; Ord. No. 2013-05, §§ 17.78.012, 17.78.017.5, 17.78.025.5, 17.78.032, 17.78.038.5, 17.78.041.5; Ord. No. 2015-01, § 1(Exh. A); Ord. No. 2016-08; Ord. No. 2018-05, Exh. A; Ord. No. 2018-06, Exh. A; Ord. No. 2023-02 (Att. A))

Editor's note— Ord. No. 2016-08, adopted Oct. 17, 2016, renumbered former § 17.78.010 as § 17.78.040.

17.78.050 - General standards.

A.

Total Advertising Surface Limitations. The maximum, total exterior advertising surface permitted is as follows:

Single Use Parcel: One hundred (100) square feet maximum of total sign area for parcels with street frontage less than one hundred (100) linear feet measured from the longest single street frontage. For parcels equal to or greater than one hundred (100) linear feet of street frontage measured from the longest single street frontage: one additional square foot for every ten (10) linear feet of the longest single street frontage of one parcel subject to the other requirements of Chapter 17.78, with the ex- ception of an allowed increase of fifty (50) percent of permitted individual sign area described in Sections 17.78.100 through 17.78.400. This exception does not allow for the increase of accumulated sign area beyond those discussed previously. No combining of multiple parcel street frontages is allowed. Total sign area is not to exceed one hundred and fifty (150) square feet.

17.78, with the ex- ception of an allowed increase of fifty (50) percent of permitted individual sign area described in Sections 17.78.100 through 17.78.400. This exception does not allow for the increase of accumulated sign area beyond those discussed previously. No combining of multiple parcel street frontages is allowed. Total sign area is not to exceed one hundred and fifty (150) square feet.

Multiple Use Parcel: Two hundred and fifty (250) square feet maximum for lots with street frontage less than one hundred (100) linear feet measured from the longest single street frontage. For lots equal to or greater than one hundred (100) linear feet of street frontage measured from the longest single street frontage: one additional square foot of area for every five (5) linear feet of a street frontage of one parcel subject to the other requirements of Chapter 17.78, with the exception of an allowed increase of fifty (50) percent of permitted individual sign area described in Sections 17.78.100 through 17.78.400. This exception does not allow for the increase of accumulated sign area beyond those discussed previously. No combining of

multiple parcel street frontages is allowed. Total sign area is not to exceed three hundred and fifty (350) square feet.

A use permit may be granted by the planning commission to exceed the maximum sign area as provided in Chapter 17.80.

B.

Advertising Surface Calculation. The "advertising surface (facing)" of a sign shall be either the area of the entire sign face, or where individual sign letters and/or other components are mounted individually on a building surface, the area calculated by enclosing the extreme limits of all writing, logo, representation, emblem, or other display within no more than three parallelograms or triangles.

C.

Sphere Calculations. In the case of a sphere of any type, only one-half thereof shall be considered the "advertising surface (facing)" unless the sphere may be observed on all sides by the public, in which event the entire surface area of said sphere shall be considered the "advertising surface (facing)."

D.

Sign Height. No sign shall exceed the building height limits as set forth in each zone district as specified in Title 17 unless the proposed sign qualifies for an exception by use permit pursuant to Chapter 17.80.

E.

Sign Height Above Public Property. Signs projecting over public property, if permitted, shall comply with the minimum standard set forth in the latest edition of the California Building Code and the California Electrical Code. In no event shall the clearance be less than eight feet unless a use permit is obtained.

F.

Illumination of Signs. Illumination of signs shall be permitted; provided, however, when reflectors, flood lights, or spotlights are used, they shall be installed, focused and maintained as to concentrate their illumination upon the sign face or outdoor advertising structure face and shall not cause glare upon the street or adjacent private property or cause sky reflected glare. An administrative permit shall be required for all illumination signs to ensure compliance with city of Orland Municipal Code.

G.

Electric Signs and Outline Lighting. All electric signs and outline lighting shall comply with Article 600 of the current edition of the California Building Code. A building permit and approval by the building official is required prior to the installation of any such electrical sign or outline lighting.

H.

Quasi-Public Uses Identification. In addition to any other allowed signing, churches, schools, hospitals and other uses of a quasi-public nature, as determined by the planning director, shall be allowed one monument sign and one wall sign. However, the sign permit and the review and approval process shall be required.

Said monument sign shall not exceed eight feet in height and the advertising surface shall not exceed twenty-four (24) square feet per side; the wall sign shall not exceed twelve (12) square feet in area. Both types of signs may be internally or externally illuminated.

I.

Visibility Triangles. Signs shall maintain a minimum seventy-five (75) foot visibility triangle at street intersections, a minimum thirty-three (33) foot visibility triangle at driveways, shall not be located less than ten (10) feet behind the edge of pavement and shall not be located so as to create a traffic hazard as determined by city staff.

J.

Engineering Plans Required. The following signs shall require engineered plans, and the building permit application shall include complete plans and calculations sealed by an engineer or architect registered in the state of California.

1.

Canopy and marquee signs, when the area of the face of one sign or the aggregate area of all signs exceeds twenty-five (25) square feet.

2.

Wall signs exceeding fifty (50) square feet in area, except:

a.

Wall signs constructed of cut-out letters and insignia attached directly to the building and for which no individual letter exceeds fifty (50) square feet in area.

b.

Any signs painted directly upon the wall of a building.

3.

Ground or pole signs when the area of the face of one sign or the aggregate area of all signs on the sign structure exceeds thirty-five (35) square feet and the structure exceeds six feet in height.

4.

As otherwise required by the city building official.

K.

Building Code Compliance. All signs shall be required to meet all stipulations of the Building Code.

L.

Sign Permits. All signs, except those exempted by Section 17.78.750, will require an administrative use permit, to be processed by the city planner, with appeal to the city manager, on forms as approved by the city of Orland.

M.

Permit Fees. A sign permit fee, to be established by resolution, shall be paid by the applicant upon application for a sign permit.

N.

Flashing Signs. All electrical signs intended to attract attention by any flashing on and off, or simulating any motion through a series of rapid light changes are only allowed in the "C-2" (Community Commercial), "CH" (Highway Service Commercial), or "P-D" (Planned Development) Zoning Districts and shall require an approved administrative use permit. These signs shall be appropriate to the surrounding environment and shall not cause potential safety issues.

O.

Moving Signs. Signs with movement or moving parts which is generated by electronic means shall be allowed with an approved administrative use permit and engineered plans shall be required. Moving signs shall be evaluated prior to approval to ensure that they will not create a safety hazard.

P.

Marquee Signs. Marquee signs shall be prohibited except for theaters, religious facilities, schools, gasoline pricing signs, restaurants, and hotels/motels. These signs shall be allowed with an approved administrative use permit and shall not be larger than twenty-five (25) square feet. However, these signs may be a maximum of one hundred (100) square feet within six hundred (600) feet of Interstate 5.

Q.

Message Neutrality. It is the city's policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech and is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

R.

Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the city shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

S.

Substitution of Messages. Subject to the property owner's consent, a protected noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly

permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over protected noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message.

T.

Property Owner's Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

U.

Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter), or the ownership of sign structures.

V.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that it would have approved and adopted the chapter even without any portion, which may be held invalid or unenforceable.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A); Ord. No. 2016-08)

17.78.100 - Hanging signs.

A.

Permitting. Permits for a hanging sign shall be considered as part of the administrative use permit process defined in Chapter 17.80.

B.

Standards. A hanging sign is a sign hanging over a covered pedestrian walkway. It shall be at least eight feet above the walkway. Such sign shall not be internally lighted and shall not exceed eight square feet in area per face. No more than one such sign shall be allowed per use per frontage. Such sign shall only identify the name and/or logo of the adjacent use.

==> picture [180 x 208] intentionally omitted <==

(Ord. 2007-05 § 3 (part))

A.

Permitting. Permits for a projecting sign shall be considered as part of the administrative permit process defined in Chapter 17.80.

B.

General Standards.

1.

Projecting signs shall be permitted as secondary identification signs (in addition to wall signs) for sites with a high degree of pedestrian traffic and where the view of the primary sign by pedestrians is limited.

2.

Projecting signs may be used as primary signs for buildings that do not possess adequate areas with proper visibility for the location of other types of identification signs.

3.

Projecting signs shall be placed perpendicular to the building frontage and shall not extend above the level of the building eave of a sloped roof or highest point on a flat roof.

C.

Area Limitations. Projecting signs shall not exceed six square feet each side. Only one such sign shall be allowed per each street frontage.

D.

Projection over Public Property. Signs projecting over public property shall comply with the minimum standard set forth in the latest edition of the California Building Code and the California Electrical Code. In no event shall the clearance be less than eight feet unless a use permit is obtained.

E.

Extension from Pole, Wall or Buildings. No projecting sign shall be erected with the nearest portion of the sign face extending a greater distance than eighteen inches from the pole or wall or building to which it is attached.

F.

Wind Pressure Requirements. All projecting signs shall be constructed in accordance with wind pressure requirements set forth by the Building Code.

==> picture [181 x 217] intentionally omitted <==

(Ord. 2007-05 § 3 (part))

17.78.200 - Awning and canopy signs.

A.

Permitting. Permits for an awning or canopy sign shall be considered as part of the administrative permit process. Engineering plans may be required in accordance with Section 17.78.060.

B.

Awning Signs. Awning signs shall be placed upon the hanging border of an awning. The advertising surface of an awning sign shall not extend above or below the hanging border of the awning. The allowable area of

the awning sign shall be limited to ten (10) percent of the awning surface or twenty-five (25) square feet, whichever is less. In no case shall an awning project beyond the back edge of a curb.

C.

Canopy Signs. The advertising surface of a canopy sign shall not extend above or below the canopy border. The area of the canopy sign shall be limited to ten (10) percent of the canopy surface or twenty-five (25) square feet, whichever is less.

==> picture [180 x 125] intentionally omitted <==

(Ord. 2007-05 § 3 (part))

A.

Permitting. Permits for a pole sign shall be considered as part of the administrative permit process defined in Chapter 17.80, if the land is to be developed simultaneously with the pole sign, or is already developed. A conditional use permit, as defined in Chapter 17.80, shall be required for all pole signs that are to be located on land with no development.

B.

Design and Construction.

1.

Maximum total sign area for pole or post signs shall be one hundred (100) square feet for a single (one use) sign and two hundred fifty (250) square feet for a multi-use sign.

2.

Maximum height of the pole or post for the sign shall not exceed seventy (70) feet above the finished grade, not including the sign. The sign area shall be limited to one hundred (100) square feet for a single use and two hundred fifty (250) square feet for multi-use.

==> picture [180 x 210] intentionally omitted <==

3.

Pole signs shall only be allowed within six hundred (600) feet of Interstate "5" in the "C-2" (Community Commercial), "C-H" (Highway Service Commercial) or "PD" (Planned Development) Zoning Districts, only if the proposed use has been permitted by the city, subject to administrative review (subsection A of this section).

4.

Pole sign(s) shall be spaced a minimum of three hundred thirty (330) feet from an existing pole when possible. Where it is not possible to achieve a three hundred thirty (330) foot separation, the new pole sign shall be located as far from an existing pole sign(s) as practicable on the parcel and to the extent practicable shall not otherwise obstruct or block an existing sign.

5.

No pole or post sign shall project over any public right-of-way or sidewalk. Pole signs erected over a private vehicular drive shall be erected so as to provide not less than fifteen (15) feet vertical clearance.

6.

All such signs shall be required to provide an architecturally enhanced treatment for the sign base, pole and supports compatible with the individual business or the complex/center. Pole covers and sign base shall be a minimum of twenty-five (25) percent of the full sign width.

7.

Engineering plans shall be required in accordance with Section 17.78.050(J) for all pole signs.

8.

The ground area surrounding the pole base shall be clear of all brush, vegetation, weeds and debris within a fifteen (15) foot perimeter at all times.

a.

Multiple tenant signs may be added to and are allowed on existing pole signs as part of the administrative use permit process. The maximum allowable advertising surface per side for a multiple tenant pole sign is three hundred and fifty (350) square feet. Any additional signage added to an existing pole sign may not exceed the maximum allowable sign area. All requirements of the Orland Municipal Code shall apply.

9.

Pursuant to the provisions of Section 17.78.450, exceptions, a conditional use permit may be granted by the planning commission to exceed the allowable advertising surface for pole signs, to construct a pole sign within three hundred and thirty (330) feet of an existing pole sign or to exceed the maximum permitted pole sign height.

C.

Off Premises Joint-Tenant Multi-User Signs.

1.

Permits for a "joint-tenant" pole sign to be considered as part of the administrative permit process defined in OMC Chapter 17.80 if the land is to be developed simultaneously with the "joint tenant" pole sign or is already developed. A CUP, as defined in Chapter 17.80, shall be required for all "joint tenant" pole signs that are to be located on land with no development.

2.

All design and construction standards for pole signs (Section 17.78.250[B]) shall apply to all "joint-tenant" pole signs.

3.

"Joint-tenant" pole signs are allowed in the Freeway Influence Area (FIA) only (within one thousand seven hundred fifty (1,750) feet of the centerline of Interstate 5), and the subject properties must be zoned either C1, C2, CH, ML, MU, or PD and NOT in any 'R' (Residential) zoning districts.

4.

Only three off-site "joint-tenants" are permitted for each "joint-tenant" pole sign and only one off-site tenant is permitted for each off-site parcel.

5.

Off-site tenants must be on parcels of land directly adjacent (with no public Right of Ways in between) to the parcel of land at which the physical sign is erected and must be within the FIA.

6.

The "joint-tenant" pole sign owner is responsible for the maintenance and upkeep of the physical sign. Any advertising materials that may come loose for any reason, including but not limited to being blown off by

winds, shall be repaired within thirty (30) days.

7.

In the case of a joint-tenant's business closing, that tenant's advertising on the "joint-tenant" pole sign shall be removed within ninety (90) days of the closing of the business. The empty advertising space left behind shall be filled with city staff-approved material.

8.

Individual sign leasing agreements made between the sign owner and off-site tenants shall be unique to each off-site tenant and shall remain in perpetuity with the lands.

9.

Pursuant to the provisions of Section 17.78.450, exceptions, a conditional use permit may be granted by the Planning Commission to exceed the allowable advertising surface for "joint-tenant" pole signs, to construct a "joint-tenant" pole sign within three hundred and thirty (30) feet of an existing pole sign, or to exceed the maximum permitted "joint-tenant" pole sign height.

D.

Freeway Influence Area.

The purpose of the Freeway Influence Area (FIA) is to define a boundary in which provisions of the Orland Municipal Code may apply to businesses surrounding the section of Interstate 5 (I-5) that is within one thousand seven hundred and fifty (1,750) feet due east and west of the centerline of I-5; no farther north than County Road 12 and no farther south than the current southern boundary (as defined at the time of the adoption of this ordinance) of the parcel of land to the south of the Butte College Glenn County Center (APN 040-350-003).

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A); Ord. No. 2019-01; Ord. No. 2023-02 (Att. A))

17.78.300 - Monument signs.

A.

Permitting. Permits for a monument sign shall be considered as part of the administrative permit process defined in Chapter 17.80.

B.

Standards.

1.

Monument signs shall not exceed a height of eight feet, including the base. The advertising surface of any sign face shall not exceed twenty-four (24) square feet per side. When practical, landscaping shall be

provided around the base of the sign. Only one such sign is permitted for each street frontage. Provided that parcels with frontage exceeding two hundred (200) feet may have a maximum of two monument signs. The distance between monument signs on any one parcel shall not be less than fifty (50) feet.

2.

All such signs shall have monument-type bases of masonry construction. A comparable alternate basic material may be used upon approval by the city.

==> picture [180 x 127] intentionally omitted <==

(Ord. 2007-05 § 3 (part))

A.

Permitting. Permits for commercial center signs pursuant to this chapter shall be considered as part of the administrative use permit process defined in Chapter 17.80.

B.

Multiple Tenant Identification Signs.

1.

A multi-tenant identification sign, which may include tenant directional signs, are permitted upon obtaining an administrative use permit (as defined in Chapter 17.80) pursuant to the following standards:

a.

Multi-tenant signs shall not be more than twelve (12) square feet in total area.

b.

Multi-tenant signs shall not exceed six feet in height above the finished grade.

c.

Exception: Pole or post signs in compliance with Section 17.78.250 and this title.

(Ord. 2007-05 § 3 (part))

17.78.400 - Wall signs.

A.

Permitting. Permits for a wall sign shall be considered as part of the administrative use permit process, as defined in Chapter 17.80.

B.

Location and Height. A wall sign shall not project more than fifteen (15) inches from the surface of the building to which it is attached. The face of any wall sign which extends over public property must be eight feet or more above the surface of the adjoining ground, sidewalk or pavement. Wall signs shall not extend above the roof line.

C.

Area Limit. The advertising surface of a wall sign or a combination of wall signs shall not exceed one hundred (100) square feet. Signs painted directly on the wall shall be included in the calculation of the one hundred (100) square foot maximum area. This includes any existing signs painted on the wall. In no event shall the area of the sign exceed twenty (20) percent of the area of the building wall upon which the sign is to be placed.

==> picture [180 x 287] intentionally omitted <==

(Ord. 2007-05 § 3 (part))

17.78.405 - Digital display signs.

A.

Permitting. Permits for digital display signs shall be considered as part of the administrative use permit process, as defined in Chapter 17.80.

B.

Digital display signs are allowed as monument signs in the C-2, C-H and M-L zoning districts and a P-D district developed for commercial uses.

C.

Digital display signs are allowed as pole signs within the C-2 and C-H zoning districts and a P-D district developed for commercial uses.

D.

Digital display signs are allowed as wall signs within the C-2 and C-H zoning districts and a P-D district developed for commercial uses.

General Standards.

A.

Design and Construction.

1.

Digital display monument signs shall not exceed a height of eight feet, including the base. The advertising surface of any sign face shall not exceed twenty-four (24) square feet per side. When practical, landscaping shall be provided around the base of the sign. Only one such sign is permitted for each street frontage. Provided that parcels with frontage exceeding two hundred (200) feet may have a maximum of two monument signs. The distance between monument signs on any one parcel shall not be less than fifty (50) feet.

2.

Digital display monument signs shall have monument-type bases of masonry construction. A comparable alternate basic material may be used upon approval by the city.

3.

Digital display pole signs maximum total sign area shall be one hundred (100) square feet for a single (one use) sign and seven hundred fifty (750) square feet for a multi-use sign and a maximum height of the sign shall not exceed thirty (30) feet above the finished grade, including the sign with the exception of poles signs within six hundred (600) feet of Interstate 5. Digital display signs in this area are allowed a maximum height of seventy (70) feet above the finished grade, not including the sign.

4.

Digital display pole signs shall have architectural pole enclosures for the length of the pole(s) to add to the aesthetics of the design.

5.

No digital display pole sign(s) shall be allowed to be constructed within three hundred thirty (330) feet of any existing digital display pole sign unless otherwise permitted by the planning commission pursuant to the provisions of this section and Section 17.78.450, exceptions.

6.

Digital display wall signs shall not project more than fifteen (15) inches from the surface of the building to which it is attached. The face of any wall sign which extends over public property must be eight feet or more above the surface of the adjoining ground, sidewalk or pavement. Wall signs shall not extend above the roof line.

7.

The total surface area of a digital display wall sign or a combination of wall signs shall not exceed seven hundred fifty (750) square feet.

8.

Any digital displays shall display unanimated images and/or copy. For the purposes of this section, unanimated images and/or copy shall be defined as those which are changed no more than once per eight seconds.

9.

Digital displays shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for electronic message center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Digital display signs shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours to prevent glare impacts to motorists.

10.

Pursuant to the provisions of Section 17.78.450, exceptions, a conditional use permit may be granted by the planning commission to exceed the allowable height and advertising surface for digital display sign(s). (Ord. No. 2018-05, Exh. A)

A.

Permitting. Permits for off-premises multi-user signs shall be considered as part of the administrative use permit process, as defined in Chapter 17.80.

B.

Off-premises multi-user signs are only allowed in the Highway Business Area as defined by Figures 1A and 1B.

C.

Only one off-premises multi-user sign per Highway Business Area shown on Figures 1A and 1B is allowed.

D.

Off-premises signs for properties within the Highway Business Area are allowed to be displayed on the multi-user sign with approval by the city planner.

E.

The property owner on the parcel that the off-premises multi-user sign is located, is considered to be the sign owner by the city. The sign owner is responsible for all upkeep and maintenance of the sign.

General Standards

A.

Design and Construction.

1.

Sign can be either fully digital or fully non-digital. No mix of digital and non-digital signs are permitted with the exception that the digital sign may have a non-digital "banner" sign such has "City of Orland" or "Orland Mall" or other appropriate use.

2.

Maximum total sign area for pole or pylon off-premises multi-user sign(s) shall be seven hundred fifty (750) square feet.

3.

Maximum height of the pole or pylon for the sign shall not exceed seventy (70) feet above the finished grade, not including the sign.

4.

Multi-user pole signs shall only be allowed within three hundred (300) feet of Interstate "5" in the Highway Business Area.

5.

No off-premises multi-user sign(s) shall be allowed to be constructed within three hundred thirty (330) feet of any existing off-premises multi-user sign(s) unless otherwise permitted by the planning commission pursuant to the provisions of this section and Section 17.78.450, exceptions.

6.

The area of off-premises signs shall count towards the maximum allowed sign area for the multi-user digital display sign.

7.

Any digital displays shall display unanimated images and/or copy. For the purposes of this section, unanimated images and/or copy shall be defined as those which are changed no more than once per eight seconds.

8.

Digital displays shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for electronic message center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Multi-user digital display pole signs shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours to prevent glare impacts to motorists.

9.

No off-premises multi-user sign(s) shall project over any public right-of-way or sidewalk. Pole signs erected over a private vehicular drive shall be erected so as to provide not less than fifteen (15) feet vertical clearance.

10.

All such signs shall be required to provide an architecturally enhanced treatment for the sign base, pole and supports. Pole covers and sign base shall be a minimum of twenty-five (25) percent of the full sign width.

11.

Engineering plans shall be required in accordance with Section 17.78.050(J) for all pole/pylon signs.

12.

The ground area surrounding the pole/pylon base shall be clear of all brush, vegetation, weeds and debris within a fifteen (15) foot perimeter at all times.

13.

Pursuant to the provisions of Section 17.78.450, exceptions, a conditional use permit may be granted by the planning commission to exceed the allowable advertising surface for off-premises multi-user sign(s), to construct an off-premises multi-user sign(s) within three hundred thirty (330) feet of an existing off-premises multi-user sign(s) or to exceed the maximum permitted pole/pylon sign height.

Figure 1A: Highway Business Area - Off-Premises Multi-User Signs

==> picture [361 x 306] intentionally omitted <==

Figure 1B: Highway Business Area - Off-Premises Multi-User Signs

==> picture [360 x 354] intentionally omitted <==

(Ord. No. 2018-06, Exh. A)

General Standards.

A.

A portable sign shall not exceed a maximum size of twelve (12) square feet in total area and shall not have any dimension greater than four feet. Only one side of a portable sign will be counted for the purposes of determining sign advertising area. The vertical dimension of the sign (height) including any support structures, handles or hinges may be no greater than forty-eight (48) inches.

B.

Portable signs may not be located in any residential zoning district and shall only be permitted within the mixed use designated commercial downtown area; on commercial zoned properties immediately adjacent to Walker Street, Newville Road, Sixth Street, and South Street; and on industrially zoned properties.

C.

Portable signs shall be prohibited in the public right-of-way, except in the mixed use designated commercial downtown area and as further defined in subsection (B).

Portable Sign Limitations. Portable signs, when permitted, shall meet the following standards and requirements:

A.

Portable signs shall be allowed to be displayed only during the business hours of the business for which the sign has been established;

B.

A maximum of one portable sign may be permitted per occupied tenant space or individual business;

C.

Portable signs shall not be placed within a street site visibility triangle area measuring (thirty (30) feet by thirty (30) feet) or in an area where they would in any way block the view of drivers of vehicles or pedestrians when at or approaching intersections or driveways;

D.

Portable signs shall not use, incorporate or affix materials or items to include streamers, balloons, wind socks, reflectors, etc., to increase visibility;

E.

Portable signs shall be weighted down or secured as to minimize sign-related hazards;

F.

Portable signs shall not be attached permanently or temporarily to any object, structure, or the ground (for example: utility poles, fences, trees, or traffic signs);

G.

In case the portable sign is removed from the public right-of-way due to safety concerns, contact information shall be identified on the sign;

H.

Portable signs shall only be placed immediately in front of the business to which the sign is advertising and shall be located so that it does not interfere with pedestrian movement or in a manner that presents a safety hazard to pedestrians or vehicles.

Enforcement. The city shall enforce the provisions of this section of the code with enforcement to include the physical removal of signs not legally placed pursuant to this section. In the event that the sign is removed from the public right-of-way due to safety hazard concerns, signs shall be stored by the city for a period of not less than sixty (60) days after which the time the sign may be disposed. Signs that are placed illegally but that are not determined to be safety hazards shall be subject to normal enforcement through the code enforcement process.

(Ord. No. 2013-04, §§ 17.78.421—17.78.423)

Editor's note— Ord. No. 2013-04, adopted Nov. 4, 2013, adopted provisions designated as ch. 17.78.420, §§ 17.78.421—17.78.423. In order to conform to the style of the code, and at the editor's discretion, said provisions have been redesignated as § 17.78.420.

General Standards.

A.

Each flag or banner sign shall not exceed a maximum size of twenty-five (25) square feet in sign advertising area. Only one side of a flag or banner sign will be counted for the purposes of determining sign advertising area.

B.

The maximum single dimension of the sign (height) including any support structures, poles or hinges may be no greater than ten (10) feet.

C.

Flag or banner signs may not be located in a residential zoning district and shall only be permitted within the mixed use designated commercial downtown area; on commercial zoned properties; and on industrially zoned properties.

D.

Flag and banner signs shall be prohibited in the public right-of-way, except in the mixed use designated commercial downtown area and as further permitted in subsection (B).

Flag and Banner Sign Limitations. Flag and banner signs, when permitted, shall meet the following standards and requirements:

A.

Flag and banner signs shall be allowed to be displayed only during the business hours of the business for which the flag or banner sign has been established;

B.

One flag sign is permitted per fifty (50) linear feet of street frontage per occupied tenant space or individual business with no maximum amount of flag signs. All occupied tenant spaces or individual businesses are allowed at least one flag sign;

C.

One banner sign is permitted per fifty (50) linear feet of street frontage per occupied tenant space or individual business with the maximum of three banner signs. All occupied tenant spaces or individual businesses are allowed at least one banner sign;

D.

Flag or banner signs shall not be placed within a street site visibility triangle area measuring (thirty (30) feet by thirty (30) feet) or in an area where they would in any way block the view of drivers of vehicles or pedestrians when at or approaching intersections or driveways;

E.

Flag or banner signs shall not use, incorporate or affix materials accessory attachments not a part of the flag or banner itself (streamers, balloons, wind socks, reflectors, etc.) to increase visibility;

F.

Flag and banner signs shall not be attached to utility poles, light fixtures, traffic control devices or similar objects;

G.

Flag and banner signs shall only be placed immediately in front of the business to which the sign is advertising and shall be located so that it does not interfere with pedestrian movement or in a manner that presents a safety hazard to pedestrians or vehicles.

Enforcement. The city shall enforce the provisions of this section of the code with enforcement to include the physical removal of signs not legally placed pursuant to this section. In the event that the sign is removed from the public right-of-way due to safety hazard concerns, signs shall be stored by the city for a

period of not less than sixty (60) days after which the time the sign may be disposed. Signs that are placed illegally but that are not determined to be safety hazards shall be subject to normal enforcement through the code enforcement process.

(Ord. No. 2013-05, §§ 17.78.431—17.78.433)

Editor's note— Ord. No. 2013-05, adopted Nov. 11, 2013, adopted provisions designated as ch. 17.78.430, §§ 17.78.431—17.78.433. In order to conform to the style of the code, and at the editor's discretion, said provisions have been redesignated as § 17.78.430.

General Standards. Temporary signs may be displayed subject to the requirements of this section.

A.

Material. Temporary exterior signs shall be made of a durable weather-resistant material.

B.

Duration. Unless otherwise specified by these regulations, temporary signs may be displayed for a maximum of forty-five (45) consecutive days. The total number of days during which all temporary signage may be displayed shall not exceed ninety (90) days per year.

C.

Illumination. Temporary signs shall not be illuminated.

D.

Standards for Specific Temporary Sign Types.

1.

Real Estate Signs. One real estate sign, which advertises the sale, rental or lease of the premises is permitted on each parcel frontage as follows:

a.

Single-family residential zoned parcels, six square foot maximum area per sign.

b.

Multi-family residential zoned parcels, twelve (12) square foot maximum area per sign.

c.

Nonresidential zoned parcels, eight square foot maximum area per sign.

d.

The residential signs shall not exceed six feet in height above the ground, and the nonresidential signs eight feet above the ground. [Note: this is taken from [Section] 17.78.750.B.1.a.]

2.

Directional Signs for Open Houses. Notwithstanding any other provision in this chapter, up to three off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted subject to the approval of the property owner provided they comply with the following standards:

a.

No sign or signs shall exceed four square feet in area, or three feet in height from finished grade.

b.

The sign or signs may not be placed more than twelve (12) hours before the start or remain more than twelve (12) hours after the conclusion of the open house event.

3.

Subdivision Signs. In all zones, a maximum of three unlighted double-faced temporary subdivision signs, not exceeding forty (40) square feet in area per display face and fifteen (15) feet in overall height, may be erected and maintained with a subdivision during sale of the lots. Such signs shall be located within the subdivision and shall be a minimum distance of three hundred (300) feet apart from each other. All signs shall be removed at the close of escrow of the model complex houses.

4.

Protected Non-Commercial Political and Free Speech Signs. Non-illuminated temporary signs displaying protected non-commercial messages, maximum four feet in height, totaling no more than six square feet in area may be displayed upon any single property/parcel, with the permission of the property/parcel owner within the city at any time. However, during the period of time beginning sixty (60) days before a general, special, primary or runoff election, and ending fifteen (15) days after such election, the amount of display area may be doubled. Flags do not count toward the signage allowed under this provision. This display area allowance is in addition to that allowed under the message substitution policy.

5.

Special Event Signs.

a.

Special event signs may be displayed for a maximum of thirty (30) days within a ninety-day period.

b.

Special event signs shall be prohibited in the public right-of-way, except as permitted in Sections 17.78.420 and 17.78.430.

c.

Special event signs shall not use, incorporate, or affix materials or accessory attachments not a part of the sign itself (streamers, balloons, wind socks, reflectors, etc.) to increase visibility.

d.

Special event signs shall not be attached to utility poles, light fixtures, traffic control devices or similar objects.

e.

Special event signs shall not be placed within a street site visibility triangle area measuring (thirty (30) feet by thirty (30) feet) or in an area where they would in any way block the view of drivers of vehicles or pedestrians when at or approaching intersections or driveways.

f.

Special event signs shall be located so that they do not interfere with pedestrian movement or in a manner that presents a safety hazard to pedestrians or vehicles.

g.

Special event signs are prohibited in residentially zoned property.

h.

Special event sign standards:

(1)

No more than one such sign is allowed for each street frontage.

(2)

Maximum sign area not to exceed fifty (50) square feet. The area of an inflatable device shall be measured like a sphere as described in Section 17.78.050 and shall not exceed one hundred (100) square feet with an aggregate maximum of two hundred (200) square feet.

(3)

If temporary signs are placed in windows, they shall not exceed fifty (50) square feet or twenty (20) percent of the total window and glass door area, whichever is the most restrictive requirement.

6.

Community Event Signs:

a.

Community event signs may be displayed for a maximum of thirty (30) days before the event and must be removed within three days upon event completion.

b.

Except in the mixed use designated commercial downtown area, no community event sign shall be placed on public property or within any public right-of-way.

c.

No community event sign shall be placed on private property without the permission of the property owner.

d.

Community event signs shall not use, incorporate, or affix materials or accessory attachments not a part of the sign itself (streamers, balloons, wind socks, reflectors, etc.) to increase visibility.

e.

Community event signs shall not be attached to utility poles, light fixtures, traffic control devices or similar objects.

f.

Community event signs shall not be placed within a street site visibility triangle area measuring (thirty (30) feet by thirty (30) feet) or in an area where they would in any way block the view of drivers of vehicles or pedestrians when at or approaching intersections or driveways.

g.

Community event signs shall be located so that it does not interfere with pedestrian movement or in a manner that presents a safety hazard to pedestrians or vehicles.

E.

Enforcement. In addition to all remedies provided in this code, enforcement of this section of the code includes the physical removal of temporary signs by the city that do not comply with the time, place or manner provisions of this section.

(Ord. No. 2013-05, §§ 17.78.441—17.78.443; Ord. No. 2016-08)

Editor's note— Ord. No. 2013-05, adopted Nov. 11, 2013, adopted provisions designated as ch. 17.78.440, §§ 17.78.441—17.78.443. In order to conform to the style of the code, and at the editor's discretion, said provisions have been redesignated as § 17.78.440.

Subsequently, Ord. No. 2016-08, adopted Oct. 17, 2016, changed the title of § 17.48.440 from "Special and community event signs" to read as herein set out.

A.

Signs Urgently Needed. Any sign deemed by the city manager to be urgently needed due to undue economic hardship upon the applicant may be allowed temporarily by the city manager, upon submittal of an administrative use permit application for the sign, until such time as the appropriate approving authority approves or denies the application. In the event such application is ultimately denied, any such sign erected pursuant to this subsection shall be removed within fifteen (15) days from the date of such denial.

B.

Additional Signing Allowed by Conditional Use Permit.

1.

The planning commission, by way of a conditional use permit, may allow additional sign types, number of signs, size of signs, spacing of signs and number of locations. The applicant must submit a statement with the application supporting the request for the additional signing. Criteria for additional signing may include large parcel size, unusual configuration of location, size of buildings, multiple street frontages, number of independent businesses, location of the building on the parcel or unique qualities of the use of the parcel, any of which must relate to the finding which shall be required of the planning commission that the additional signing will not be contrary to the intent of this chapter or the public interest, safety, health and welfare.

2.

Under such conditional use permit sign request, the planning commission may increase each allowed sign area by up to fifteen (15) percent for any such sign.

C.

Height and Size Exceptions—Conditions for Granting.

i.

The planning commission, through a conditional use permit, may grant exceptions upon the verified application of any property owner as to the maximum overall height of any sign above natural ground level or as to the maximum square feet of advertising surface, whenever one or more of the conditions hereinafter set forth exist.

a.

The proposed sign location is located within freeway interchange properties designated by resolution of the city council and is a dining, lodging, vehicle fueling, vehicle service business, or unique tourist attraction whose primary clientele are the motoring public on Interstate 5.

b.

The proposed sign identifies a retail shopping center or industrial park or similar complex, involving a total of at least one hundred thousand (100,000) square feet of gross floor area, or an individual business with a gross floor area exceeding fifty thousand (50,000) square feet.

c.

The grade of the nearest adjacent street or highway, excluding the interstate freeway, to the proposed sign location is of an elevation ten (10) feet or more above the natural ground level of the sign site.

2.

In the exercise of the power herein delegated, the planning commission shall impose such conditions upon exceptions so granted as in its judgment may be necessary to assure compliance with the spirit and purpose of this title.

3.

As to the existence of any of the herein above set forth conditions and the necessity for exception from the provisions of this title, the burden of proof shall be upon the applicant.

D.

Public Service or Directional Signs.

1.

Permits for public services or directional signs shall be considered as part of the administrative use permit process defined in Chapter 17.80. Any such sign will provide only directional information as to the location of services or goods and shall contain no advertising content identifying a particular brand name or product or a particular business.

2.

Public service or traffic signs erected by the city are exempt from the provisions of this title.

3.

Exempt parking and directional signs are set forth in Section 17.78.650.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A))

A.

Federal Law. Nothing in this title, either by inclusion or omission, shall be deemed to be in conflict with Public Law 89-285, 89th Congress, S. 2084, October 22, 1965, known as the Highway Beautification Act of 1965, 79 Stat. 1028, or the State Scenic Highway Act of 1963, as such laws apply or may apply to the portions of the interstate system and the primary system of the federal and state highways now within or which may come within the limits of the city.

B.

State Law. Nothing in this title, either by inclusion or omission, shall be deemed to be in conflict with any of the laws of the state of California, as such laws apply or may apply to the portions of the interstate system and the primary system of federal and state highways now within or which may come within the limits of the city.

(Ord. 2007-05 § 3 (part))

Noncommercial signs shall be allowed under the same conditions in which a commercial sign is allowed pursuant to this title. The city shall have the right to review, approve or disapprove the contents or copy of any such signs. The permit procedures shall otherwise be the same as for commercial signs.

(Ord. 2007-05 § 3 (part))

A.

Sign Materials. All signs shall be comprised of materials that are not considered hazardous to public safety, as approved by the planning department.

B.

Prohibited Sign Materials. Signs of the following materials shall be prohibited within the city of Orland:

1.

Cardboard;

2.

Roof tin;

3.

Spray paint.

C.

Sign Maintenance.

1.

All signage within the city of Orland shall be maintained by the owner or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to all conditions stated in this section.

2.

Any damaged sign or sign base shall be repaired within thirty (30) days of notice to repair, issued by the building department.

3.

Any metal pole covers and sign cabinets shall be kept free of rust and rust stains.

4.

Any internally-illuminated sign cabinets or sign panels which have been damaged shall remain unilluminated until repaired.

5.

All signs erected within the city limits shall be kept weed free.

(Ord. 2007-05 § 3 (part))

A.

Purpose. A comprehensive sign plan shall be provided for groups of businesses or for the whole of a shopping center development. Such a plan shall regulate the location, size, height, color, orientation, lighting, and types of signs included in the area.

B.

Contents. The comprehensive sign plan:

1.

Shall propose signage which in height and area is no more than twenty (20) percent greater than is permitted in the zoning district in which the use is located;

2.

Shall not propose signage of a type that is otherwise prohibited by this code;

3.

Shall be limited to those projects which individually or collectively exceed ten (10) gross acres in size for nonresidential and one hundred (100) gross acres in size for residential, and/or are located immediately adjacent to, or within two hundred fifty (250) feet, of Interstate 5.

C.

Submittal. The applicant shall submit all of the documents, information, data, and other requirements for comprehensive sign plan approval to the city at the time of application. The applicant shall be responsible for furnishing any additional information and materials relevant to the application that the city may require.

D.

Review.

1.

Application for the review and approval of a comprehensive sign plan shall be submitted and reviewed concurrently with a site plan or preliminary subdivision plat and shall be acted upon by the city council following review and recommendation by the planning commission.

2.

Applications submitted for existing developments shall be submitted to and reviewed by the city and acted upon by the city council following review and recommendation by the planning commission. The city council may approve the comprehensive sign plan subject to any modifications, conditions, requirements, or standards that may be appropriate.

3.

Fees for the submittal and review of comprehensive sign plans shall be as set forth by the city council.

E.

Evaluation Criteria.

1.

Size and Height. All proposed signage shall be no larger than allowed in that zoning district. Factors to be considered in determining appropriate size and height include topography, traffic volumes, traffic speeds, visibility ranges, impact on adjacent properties, and copy size.

2.

Location and Orientation. All proposed signage shall respect both the developed and undeveloped surrounding environment. Signs shall be located and oriented appropriately to allow sufficient visibility and legibility. Factors that may be considered in reviewing the appropriateness of the sign location and orientation may include: location relative to the surrounding streets, traffic volumes and access points, visibility angles and topographic features.

3.

Color, Materials and Types of Illumination. Signs proposed under the comprehensive sign plan shall be compatible with the architecture and theme of the specific development in which the signs are located. Compatibility with the specific development shall include color, materials and architectural style. Signage shall compliment and enhance the character of the project.

F.

Amendments. All amendments to an approved comprehensive sign plan shall be processed in accordance with the following procedures. Fees for the submittal and review of comprehensive sign plan amendments

shall be as set forth by the city council.

1.

Minor Amendments. Minor amendments shall include any change which does not increase the number of signs nor increase the size or height of any sign beyond what was approved under the original comprehensive sign plan approval. All changes processed under the minor amendment procedures shall comply with all provisions of this section and shall not deviate from the information provided in the original approval. Minor amendments shall be approved administratively by staff.

2.

Major Amendments. Major amendments shall be defined as those amendments not meeting the criteria set forth above to qualify as a minor comprehensive sign plan amendment. Major amendments shall be processed and approved in the same manner as the initial comprehensive sign plan submittal.

(Ord. 2007-05 § 3 (part))

A.

Nonconforming Signs.

1.

Any existing sign which was in compliance with all signage requirements when erected, but no longer complies with the provisions of this title shall not be substantially altered or reconstructed unless the sign, when so reconstructed or altered, complies with the applicable requirements of this title.

2.

Reasonable repairs and alterations may be made to nonconforming signs. However, in the event any such sign is hereafter damaged exceeding fifty (50) percent of the reproduction cost, according to appraisal thereof by competent appraisers, or is removed by any means whatsoever, including an act of God, such sign may be restored, reconstructed, altered, or repaired only to conform with the provisions set forth in this section.

3.

Whenever the business conducted on premises changes, the subsequent sign-modifications to reflect that change, whether it is in copy, size, or shape of signage, must bring the sign into conformance with regulations set forth in this section.

4.

Any nonconforming sign cannot be expanded or enlarged.

B.

Signs Which May Confuse Traffic.

1.

No sign shall be erected, constructed or maintained if which sign displays or makes use of the words "stop," "danger," or any other word, phrase, symbol or character, in such a manner as to interfere with, mislead or confuse traffic.

2.

Signs having red, green or amber lights that could be confused with traffic signals shall not be permitted if designed or located to be seen primarily by vehicular traffic. Such colors are not prohibited where, by the design of the sign or lights used, it is extremely unlikely that such lights could be confused with traffic signals by the driving public.

C.

Roof Signs. Roof signs are prohibited.

D.

Reserved.

E.

Obscene Signs. Obscene signs containing statements, words, pictures, or other representations, which are obscene as defined in Penal Code Section 311 are prohibited.

F.

Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trailer in a public right-ofway, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle and are used in conjunction with the business that it identifies or advertises including vehicles utilized for the delivery of business products.

G.

Unsafe Signs. The owner of any sign as defined and regulated by this title, including supporting structures, shall keep the same in a safe condition at all times. If the building official finds that any sign regulated herein is unsafe or insecure, or is a menace to the public, he or she may give written notice to the sign owner and to the property owner. If such sign owner fails to remove or alter the sign so as to comply with the standards herein set forth within thirty (30) days after such notice, the building official may cause such sign to be removed or altered to comply at the expense of the sign owner or owner of the property upon which it is located.

The building official may cause any sign, which is an immediate danger to persons or property to be removed summarily and without notice.

H.

Clearance from Electric Power and Communication Lines. No sign shall be constructed, installed or erected, which has less horizontal or vertical clearance from energized electric power lines and communication lines than prescribed by the California Penal Code, Section 385, the regulations of the California Public Utilities Commission, and the orders of the Division of Industrial Safety, state of California.

I.

Obstruction of Fire Escapes, Stairways, or Exterior Doors.

1.

No portion of any sign, or the supports thereof, shall be placed so as to obstruct any fire escape, stairway, exterior door or standpipe, nor shall any such outdoor advertising structure or sign or any of the supports thereof, be attached to or supported by any fire escape.

2.

No portion of any sign or the supports thereof shall be placed so as to interfere with human exit through any window of any room.

J.

Removal of Certain Advertising. Any advertising copy or message now or hereafter existing which advertises a business no longer in operation under the same name, a product or service which is no longer available, a public or private event which has already occurred, or a candidate for public office, the election for which has already taken place, shall be removed by the owner, agent or person having the beneficial use of the building, or structure or premises upon which such copy or message may be found, within thirty (30) days after written notice from planning director. Upon failure to comply with such notice within the time specified in such order, the planning director is authorized to cause the removal of the advertising copy or message, and the expense incident to such removal shall be the obligation of the owner of the building, or structure or premises on which the advertising copy or message is displayed.

K.

Obstruction to Traffic Signs. No sign shall be erected at any location where, by reason of its position, it will obstruct or interfere with the view of any authorized traffic sign, signal or device.

L.

Liability for Damages. The provision of this title shall not be construed as relieving, or limiting in any way, the responsibility or liability of any person erecting or owning any sign from person injury or property damage resulting from the placing of such sign, or resulting from the negligence or willful acts of such person, his agents, employees or workmen, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor shall this title be construed as imposing upon

the city, or its officers or employees, any responsibility or liability by reason of the approval of any signs, materials, or devices under the provisions of this title.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2013-04)

17.78.750 - Exempt signs.

A.

General Compliance Requirements. All signs not expressly exempted by a provision of this chapter shall be subject to the provisions of this code and shall comply with all applicable provisions thereof.

B.

Exempt Signs.

1.

The provisions and regulations of this title shall not apply to the following signs:

a.

Window signs, the combined total of which do not exceed twenty (20) percent of the window area;

b.

Bulletin boards not over twelve (12) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions, as part of an approved monument sign;

c.

Signs denoting the architect, engineer contractor, or financing institution when placed upon work under construction, and not exceeding twelve (12) square feet in area;

d.

Signs placed flat against the facade of a building that identifies the history and name of a building or historic events not exceeding three square feet in area and constructed of bronze, brass, or other like incombustible material;

e.

Traffic or other municipal signs, legal notices or railroad crossing signs;

f.

Signs of public service companies indicating danger, and aids to service or safety;

g.

Signs placed on the interior of a property and not seen from the public right-of-way;

h.

Gasoline price signs not exceeding twenty (20) square feet per side; with no more than two separate signs per parcel;

i.

California, United States and other flags not used as general advertising for hire;

j.

Signs placed in parking lots to direct traffic and inform users of parking requirements;

k.

Warning signs to indicate danger or to serve as an aid to public safety or to show the location of public utilities' underground facilities;

l.

Farmers' market signs. City approved farmers' markets are allowed two on-site signs with a maximum area of thirty-two (32) square feet each and two off-site signs with a maximum area of twelve (12) square feet with permission from the property owner. Each vendor may display one temporary sign with a maximum area of twenty (20) square feet. No sign shall be located in the public right-of-way.

2.

Ordinary maintenance and repair of an existing conforming advertising structure provided there is no structural modification including repainting with the same colors.

3.

Informational window signs shall be exempt as follows:

a.

Small non-illuminated informational signs related to the operation of the business located on the windows or glass doors are exempt from these provisions and are not included in the total allowed sign area. Examples of such signs are "open/closed" signs, credit card signs, rating or professional signs, and signs of a similar nature. Only one of each type of sign is allowed, not to exceed one square foot in area per sign with no more than four in number at any individual business.

b.

One neon or other "open" sign is permitted in the window per each street frontage as a sign exempt from the provisions of this title and shall not exceed four square feet in area. The area of the open sign is not included in the total allowed window sign area.

C.

Fee Exempt Signs. All temporary signs and signs erected by nonprofit or volunteer organizations are exempt from the requirement of paying application and sign permit fees. An application and sign permit for any such sign is required in the same manner as otherwise provided in this title. These signs shall not be displayed for more than ninety (90) days. An extension may be granted upon authorization by the city of Orland planning department.

D.

Exempt Parking and Directional Signs.

1.

Parking directional signs not exceeding eight square feet per side located in close proximity to driveway entrances are exempt.

2.

Directional signs located within a nonresidentially zoned parcel for the purpose of directing vehicular traffic or pedestrians to specific entrances or services at the business facility shall be exempt provided that the face of any such sign shall not exceed eight square feet.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2013-05, § 17.78.752; Ord. No. 2016-08)

Chapter 17.79 - ORIGINAL ARTWORK MURALS ON PRIVATE PROPERTY

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Original artwork mural" means a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.

(Ord. No. 2017-02, § 2)

Installation of original artwork murals shall be limited to nonresidential buildings located as follows: Walker Street, all of 6th Street, and Mill and Colusa Streets from 3rd to 8th Streets.

(Ord. No. 2017-02, § 2)

17.79.030 - Purpose.

A.

This chapter is intended to permit and encourage original artwork murals on content neutral basis that are (1) sufficiently durable and will be properly maintained; (2) are located on appropriate places on buildings and constitute a particular scale of the building facade; (3) do not include any unsafe features or would not pose any unsafe conditions to vehicular or pedestrian traffic; (4) provide avenues for artistic expression, and (5) are assets to the community.

B.

The regulations and permit requirements set forth in this chapter are also intended to promote public safety and welfare by establishing the following:

1.

That the design, construction, installation, repair, and maintenance of the displays will not interfere with traffic safety or otherwise endanger public safety.

2.

That regulation will provide reasonable protection by controlling the size, height, spacing, and locations of such displays.

3.

That the public will enjoy the aesthetic benefits of viewing such displays in numbers and sizes that are reasonably and objectively regulated.

(Ord. No. 2017-02, § 2)

A.

No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any original artwork mural within the city prior to obtaining a permit as set forth herein. Such permit shall be known as a mural permit.

B.

An application for a mural permit shall be filed with the planning department by way of a form prepared by the planning department and shall include the following:

1.

Name of the artist.

2.

Examples of previous work done by the artist, with references.

Description of the materials to comprise the proposed mural and manner of application.

4.

Statement regarding durability of the materials considering the location and positioning of the proposed mural.

5.

Plans and specifications for the proposed mural including an exact picture graphic or other description.

6.

Statement that the proposed mural will remain in place for at least five years.

7.

Statement that no compensation will be given or received for the display of the mural or the right to place the mural on the property.

8.

Application fee as established by resolution of the city council.

(Ord. No. 2017-02, § 2)

17.79.050 - Mural permit application review.

A.

The mural permit application shall be submitted to the planning department for review as set forth herein. The review shall be completed within thirty (30) days; provided, however, that the planning department is authorized to utilize additional time, with notice to the applicant and the basis therefore.

B.

Review Criteria. The planning department shall review the mural application using the following criteria.

1.

The mural shall be durable, permanent and easily protected from vandalism and weathering; consideration shall be given to the structural and surface integrity and stability of the building facade the permanence and durability of the mural and the mural resistance against weathering theft and vandalism.

2.

The mural shall not have any unsafe features or conditions that may affect public safety.

3.

The mural shall not disrupt traffic nor create any unsafe conditions or distractions to motorists or pedestrians.

4.

The mural surface shall be prepared with an outdoor primer to ensure good adhesion for the artwork.

5.

Clear, anti-graffiti coating shall be applied over the completed artwork.

6.

The mural shall not extend more than six inches from the plane of the wall to which it is attached.

(Ord. No. 2017-02, § 2)

The following are prohibited in the city:

A.

A mural that is placed on single or multiple family residential buildings.

B.

A mural that contains obscene matters as defined in Section 311 of the California Penal Code or images that would incite immediate violence so as to constitute fighting words.

(Ord. No. 2017-02, § 2)

17.79.070 - Permit expiration and extension.

A.

Except as provided in subsection B. below, if installation of the permitted original artwork mural has not taken place within twelve (12) months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has be approved and new fee paid.

B.

An approved mural permit may be extended by the planning department for an additional period of no more than twelve (12) months upon the planning department finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the planning department before the original permit expiration date.

(Ord. No. 2017-02, § 2)

A.

The property owner is responsible for ensuring that a permitted original artwork mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction.

B.

Failure to maintain the original artwork mural as provided herein is declared to be a public nuisance and may be summarily abated or repaired by the city. The city may pursue additional remedies to obtain compliance with the provisions of this section as appropriate.

C.

In addition to other remedies provided by law in the event the property owner fails to maintain the mural upon reasonable notice, the city may perform all necessary repairs or maintenance to the mural or secure insurance and all costs incurred by the city shall become a lien against the property.

(Ord. No. 2017-02, § 2)

Alterations to an original artwork mural shall only occur pursuant to a new mural permit approved and issued by the procedures described herein.

(Ord. No. 2017-02, § 2)

Chapter 17.80 - USE PERMITS

Sections:

A request for a use permit may be granted, granted subject to conditions, or denied by the planning commission for any use for which a use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion of the planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

(Ord. 2007-05 § 3 (part))

Application for a use permit shall be filed at the office of the city clerk upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought, and shall be accompanied by a filing fee established by the city council.

(Ord. 2007-05 § 3 (part))

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission within forty-five (45) days of filing of the application.

B.

Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing to owners of property within three hundred (300) feet of the petitioner's property, using addresses from the last assessment roll, and by publication once in a newspaper of general circulation in the city.

C.

The notice shall include the date, time and place of the public hearing, identify the hearing body and give a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 2007-05 § 3 (part))

17.80.040 - Planning commission action.

A.

Within thirty (30) days of the conclusion of the hearing, the planning commission shall act on the matter unless this time period is waived by the applicant.

B.

Approval of an application for a use permit shall be based upon a written finding that:

1.

Establishment, maintenance, or operation of the use of building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city.

C.

The granting of any use permit may be made subject to terms and conditions as deemed necessary to ensure compliance with the intent and purposes of this title.

D.

Failure of the planning commission to act within the time set out in this section shall be deemed to be denial of the application on that date. The action of the planning commission shall become final ten (10) days from the date thereof, unless an appeal has been filed during the ten (10) day period in accordance with the provisions of Section 17.92.010.

(Ord. 2007-05 § 3 (part))

In any case where the terms and conditions to the granting the use permit are not being complied with, the planning commission shall give notice to the holder of the use permit of its intention to revoke the use permit. Proceedings for the revocation of the use permit shall be conducted in the same manner as the required proceedings for a new application.

(Ord. 2007-05 § 3 (part))

A.

Construction of the conditional use shall be commenced within one year from the date the approved conditional use permit is approved by the planning commission or city council or the conditional use permit shall expire and become void, unless a written request for extension is received by the city manager or his/her designee at least thirty (30) days prior to such expiration or abandonment. Upon receipt of written request for extension with application and fee set by city council, the city manager or designee shall set the matter for public hearing before the planning commission for determination.

B.

Any changes to an approved conditional use permit shall be subject to review by the planning commission with application and fee set by city council.

(Ord. 2007-05 § 3 (part))

17.80.070 - Issuance of administrative permits.

A.

It shall be the duty of the planning director, upon the filing of an application for a permit, to investigate same, and if it appears that the proposed use is in compliance with all the requirements of this title, and of the zoning regulations of the city and not in violation of any of the other provisions of this code, an administrative permit shall be issued.

B.

In the event an application is denied, written notice of the denial of the request for an administrative permit shall be mailed to the applicant within five working days after the decision is rendered.

C.

If the applicant disagrees with any action taken in regards to the administrative permit, they may appeal to the city manager stipulating the purpose of the appeal and their desired remedy. Any action taken by the city manager may be appealed to the planning commission within ten (10) calendar days from the date of the review authority's action.

(Ord. 2007-05 § 3 (part))

A.

Operation and/or construction of the administrative use shall be commenced within one year from the date the approved administrative use permit is approved by the city manager or his/her designee or the administrative use permit shall expire and become void, unless a written request for extension is received by the city manager or his/her designee at least thirty (30) days prior to such expiration or abandonment.

B.

Any changes to an approved administrative use permit shall be subject to review by the city manager or his/her designee.

(Ord. 2007-05 § 3 (part))

Chapter 17.82 - SITE PLAN REVIEW

Sections:

The purpose of site plan review is to ensure that proposed development in the city is in conformity with the intent and provisions of this title and to guide city departments in the issuance of permits. In addition, it is the purpose of this chapter to ensure that proposed development is compatible with surrounding development in terms of scale, style and construction materials; that on and on-off site circulation is adequate to support the project; that city services are adequate and available; that projects are of the highest quality of land planning and design, and that projects reflect the design themes of the community and are consistent with the city's general plan and land use and planning, all in an effort to protect the health, safety and welfare of the community and to enhance the development, use, occupancy, health, safety and welfare of surrounding areas for commercial or industrial uses or purposes. Further, adherence to the standards herein will benefit the occupancy of existing property, enhance the stability and value of both improved and unimproved real property, and encourage appropriate development.

(Ord. 2007-05 § 3 (part))

No person shall construct any building or structure or make structural and physical improvements, additions, extensions and/or exterior alterations, and no permit shall be issued for such construction until the site plan has been submitted to, reviewed by, and approved in accordance with this chapter. The property may only be developed, used and maintained in accordance with the approved site plan.

(Ord. 2007-05 § 3 (part))

Site plan review applications, revocable and conditional, may be issued for any of the uses or purposes for which said permits are required or permitted by the terms of this title. The city may impose such conditions

as it deems necessary to secure the purposes of this title, code, or other city standards, and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

Site plan review shall include, but not be limited to, a review of the following: traffic and circulation, building arrangement, historic character, setbacks, walls and fences, noise emissions and control measures, offstreet parking, grading, drainage, landscaping, lighting, signs, public services and utilities, development and performance standards and the interrelationships of these elements as well as compatibility with adjacent buildings.

The site plan review application is a ministerial permit with a fee as set by resolution of the city council.

A "site plan" application may be approved by the city manager or his/her nominee, without the necessity of public notice, a public hearing, or planning commission action if findings required for approval (Section 17.82.060) can be made.

The site plan review application shall be accompanied by any applicable fee in an amount to be set by the city council, and plans showing the details of the proposed use to be made of the land or building, and any other pertinent information required by the planning authority staff as provided within this title.

(Ord. 2007-05 § 3 (part))

A.

A site plan review application shall be required as follows:

1.

Any use, structure, or sign requiring a site plan review as specifically provided in the applicable zoning district regulations of this title. All signs shall comply with the adopted city of Orland Sign Ordinance (Chapter 17.78).

2.

Any use requiring a site plan as specifically required by the city as a condition of approval of any application.

B.

The city shall waive the submission of or the requirement for a site plan review application if the city finds that:

1.

All the purposes of development review have been fulfilled by the approval of any other permit required by this title; or

2.

The project involves only interior alterations not materially changing the character of the use of the property; or

3.

The project involves only minor exterior alterations not materially changing the character of the use of the property; or

4.

The use is proposed in an existing building and is listed as a permitted use in the zoning district in which it is located; or

5.

The use is a single-family residence as the principal or primary use as listed as a permitted use in the zoning district in which it is located.

(Ord. 2007-05 § 3 (part))

17.82.050 - Public hearing, notices, citizen and agency involvement.

A.

No public hearing is required. However, public comment may be accepted and reviewed by the city. The city manager or his/her designee shall mail notice of the proposal to all adjacent property owners within three hundred (300) feet of the property requesting the administrative use permit. The notice shall summarize the standards and facts related to the decision, invite persons to submit information relevant to the standards and facts that are pertinent to the proposal within five days of notification giving reasons why the application should or should not be approved. The notice shall also advise the person of his/her right to request a hearing.

B.

If the city manager or his/her designee contemplates that persons can be expected to question the relevant zone requirements, site standard requirements of the applicable zoning district and need for the proposed action, or if any property owner entitled to notice under subsection A above requests a public hearing in writing, the city manager or his/her designee shall initiate a public hearing on the application. The city manager or his/her designee shall set a date for the public hearing and mail notice to those same persons receiving the original notice. The city manager or his/her designee may at their discretion, choose to initiate a public hearing and provide notice of such, as required herein, without making a preliminary determination and mailing notice of such as provided under subsection A above. At the public hearing, the applicant and interested parties may present information and arguments relevant to the proposal including reasons why the application should be approved or denied or proposing modifications that the persons believe necessary for approval.

C.

The city manager or his/her designee shall review the application, written comments and testimony, if any and make a finding for each pointing dispute and make a decision on the application by approving, conditionally approving or denying the application within ten (10) days of the closing of the period for comments. The decision of the city manager or his/her designee shall be according to quantifiable requirements of the Orland Municipal Code. The decision of the city manager or his/her designee shall be in writing and in the event of disapproval, shall set forth the findings for the disapproval. The written decision shall be mailed to the applicant and to any person who has appealed within five working days of the city's decision.

D.

To assure advisory public involvement in the planning process, every application may be submitted to the citizens of the city for their review and comment.

E.

To assure affected agencies involvement in the planning process, every application may be referred to appropriate federal, state and local agencies for their review and comment.

F.

The approving authority for site plan review applications is the city manager or his/her designated representative.

G.

The city may cause notice to be given on any application as provided in Section 65091 of the Government Code.

(Ord. 2007-05 § 3 (part))

17.82.060 - Findings required for approval.

A.

The city manager or designated representative shall only approve or conditionally approve a site plan review application if all of the following findings are made:

1.

That the proposed use is an allowed use in the district where located.

2.

That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.

3.

That there are adequate services (water, sewer, storm drainage) available.

That the project is in conformance with the applicable provisions and policies of this title, the Orland Municipal Code and any approved zoning or land use study or plan.

5.

That the infrastructure is adequate to safely accommodate the specific proposed use.

6.

That no violation of the Orland Municipal Code currently exists on the property, unless the purpose of the application is to correct the violation.

7.

That the project will not negatively affect the public health, safety or general welfare.

(Ord. 2007-05 § 3 (part))

A.

Following the completion of the review process, written notification of approval and any conditions thereof shall be made to the applicant. Construction of the improvements set forth in the approved site plan shall be commenced within one year from the date the approved site plan is signed by the city manager or his/her designee. Thereafter, if construction has not commenced, if construction activity has been abandoned for ninety (90) or more days, or if construction is not complete by the time set forth in any condition of approval, the site plan approval shall expire and become void, unless a written request for extension is received by the city at least thirty (30) days prior to such expiration or abandonment. Upon receipt of written request for extension, the city planner may grant an extension of site plan approval for a period not to exceed one year from the original date of expiration, or may refer such request to the planning commission for determination.

B.

Any changes or revisions to an approved site plan shall be subject to review and approval by the city.

(Ord. 2007-05 § 3 (part))

17.82.080 - Application issuance and appeal period.

A.

Upon completion of review of a site plan review application the city manager or designated representative, shall either:

1.

Make such findings as are required by Section 17.82.050 and approve the application; or

2.

Notify the applicant of those changes and modifications required for approval of the application; or

3.

Deny the application if the city manager or designated representative finds that:

a.

The application cannot be conditioned by adequate requirements to insure compliance with applicable regulations, or

b.

The application cannot reasonably be modified to conform to the applicable regulations.

B.

Site plan review applications shall be effective upon issuance, unless within ten (10) calendar days of a decision by the city manager or designated representative, the decision is appealed as provided for in Chapter 17.92.

Any decisions by the city manager or his designee may be appealed to the planning commission.

Any decision by the planning commission may be appealed to the city council.

The fee for each appeal is three hundred fifty dollars ($350.00) as set by ordinance by the city council (Section 17.92.020(A)(3) of the Orland Municipal Code).

In case an appeal is filed, the site plan review application shall not have any force or effect until a decision is made by the approving authority on such appeal.

C.

Site plan review applications shall not have any force or effect until the permittee acknowledges receipt thereof and has agreed in writing to each and every term and condition thereof.

(Ord. 2007-05 § 3 (part))

Chapter 17.84 - VARIANCES

Sections:

A request for a variance from the strict application of the terms of this title, other than regulations directly pertaining to the use of land and buildings which are not existing nonconforming uses, may be granted, granted subject to conditions, or denied by the planning commission.

(Ord. 2007-05 § 3 (part))

A.

No variance may be granted unless the planning commission makes a written finding entered in its minutes, and reflected in any resolution of approval, that:

1.

The variance is in conformance with the city of Orland general plan;

2.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the same vicinity and zone;

3.

A variance is necessary for the applicant to preserve and enjoy a substantial property right equal to that right possessed by other property owners under like conditions in the same vicinity and zone. The granting of the requested major variance will not be materially detrimental to the public health, safety, convenience and welfare or injurious to the property improvements in the same vicinity and zone in which the property affected is located and will not be contrary to the intent of the city of Orland general plan.

B.

A variance shall not be granted which authorizes a use or activity.

(Ord. 2007-05 § 3 (part))

Application for a variance shall be filed in the office of the city clerk upon a form provided, and shall be accompanied by a filing fee as established by resolution of the city council, and by such other information as may be required to describe fully the proposed variance.

(Ord. 2007-05 § 3 (part))

17.84.040 - Public hearing—Notice.

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission. Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing by prepaid U.S. mail notices to owners of property within three hundred (300) feet of the petitioner's property, using addresses for the last assessment roll, or and by publication once in a newspaper of general circulation in the city and posting such notice in conspicuous places on or close to the property affected.

B.

The notice shall include the date, time, and place of the public hearing, identify the hearing body and give a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 2007-05 § 3 (part))

A.

Any such hearing may be continued from time to time, except that the commission shall act on the matter within sixty (60) days of the original hearing date. Failure to act within such period shall constitute disapproval of the request.

B.

The decision of the planning commission shall become final ten (10) days after the date thereof unless an appeal has been filed during the ten (10) day period in accordance with the provisions of Section 17.92.020.

(Ord. 2007-05 § 3 (part))

In any case where the terms and conditions to the granting of the variance are not being complied with, the planning commission may give notice to the holder of the use permit of its intention to revoke the variance. Proceedings for the revocation of the variance shall be conducted in the same manner as the required proceedings for a new application.

(Ord. 2007-05 § 3 (part))

When a variance is approved, such approval shall become void one year from the date of such approval if substantial progress, such as substantial excavation or substantial construction toward the specified variance has not been made. The holder of such a variance may apply for an extension of such approval as may be granted by the planning director.

(Ord. 2007-05 § 3 (part))

In the public interest and when agreed to by the applicant, the planning director, without public hearing and without publishing or mailing of notices, may consider and render decisions on minor alterations in land use limitations involving a reduction or expansion of not more than fifteen (15) percent of any quantifiable provision of Section 17.04.040.

(Ord. 2007-05 § 3 (part))

17.84.090 - Required findings for minor alterations in land use limitations.

A.

The planning director shall analyze each of the criteria listed below applicable to the applicant's property and incorporate such analysis into his/her decision:

1.

The minor alteration in land use does not jeopardize the historical and architectural integrity;

2.

The minor alteration in land use will not jeopardize mature trees;

3.

The minor alteration in land use will not be detrimental to the public health and safety;

4.

The minor alteration in land use will be an expansion of appropriate use for the city of Orland general plan.

B.

The planning director shall render his/her decision and analysis in writing.

(Ord. 2007-05 § 3 (part))

The decision of the planning director shall be final unless the applicant is dissatisfied, in which case the applicant may appeal by following the procedure in Section 17.92.020.

(Ord. 2007-05 § 3 (part))

Chapter 17.85 - TELECOMMUNICATIONS (WIRELESS ANTENNA) FACILITIES

Sections:

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the orderly development, operation, and maintenance of wireless communications facilities. The regulations contained herein are designed to protect and promote public health, safety, and welfare and the aesthetic quality of the city of Orland as set forth in the policies of the general plan. It is also the intent to provide the community with benefits of this technology and not unduly restrict service providers from providing these benefits to the city and its citizens. The establishment of wireless communications facilities as a land use shall be subject to the regulations set forth by the applicable zoning district. In all locations which permit the development and use of wireless communications facilities, the following shall apply.

(Ord. 2007-05 § 3 (part))

A.

"Antenna" means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

B.

"Co-location" means a telecommunications facility comprising a single structure used to support multiple antennae operated by different carriers.

C.

"Facade mounted antenna" means an antenna that is directly attached or affixed to any facade or wall of a building.

D.

"Freestanding facility" means an antenna with its support structure placed directly on the ground.

E.

"Lattice tower" means an open steel frame structure used to support equipment that is part of a wireless communications facility.

F.

"Monopole" means a structure composed of a single spire used to support equipment that is part of a wireless communications facility.

G.

"Public safety radio transmissions" means radio transmissions generated by county sheriff, county fire department, city police and fire departments and all public entities for the purpose of public safety or information.

H.

"Shared-location" means more than one telecommunications facility comprising multiple structures used to support antennae operated by one or more carriers where such structures are within proximity to each other.

I.

"Stealth facility" means any communications facility that is designed to blend into the surrounding environment, and is visibly unobtrusive. Examples of stealth facilities may include architecturally screened roof mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend

with existing building, facilities camouflaged as trees or appropriate structure. Also known as concealed telecommunications facilities.

J.

"Roof-mounted" means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a lattice tower or monopole.

K.

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennae, microwave dishes, and other types of equipment for the transmission of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas and other accessory development.

(Ord. 2007-05 § 3 (part))

General requirements for materials to accompany an application. Applications for a conditional use permit, as specified under Chapter 17.80 et seq., for wireless communications facilities shall be accompanied by the materials listed below. The planning director may waive the requirement for submittal of any information described herein, which the planning director reasonably determines to be unrelated to the application. Public notice of conditional use permit is subject to the provisions set forth in Government Code Sections 65090 and 65091.

A.

A written description of the type of technology and consumer services the carrier will provide its customers;

B.

Technical information, including but not limited to, visual analysis, alternative site analysis, landscape and post-construction reclamation plans, and lighting plans;

C.

A copy of the land use easement or restriction which encumbers the proposed facility site. Financial arrangements need not be revealed;

D.

Technical information to show whether future service providers may co-locate on the proposed facility and the capacity the structure will support.

1.

For facilities not proposed to be co-located the carried shall provide written information clearly substantiating the technical impracticality of co-locating. The information contained in the written information shall include statements showing that all possible avenues of co-location have been exhausted.

The city of Orland may, at the expense of the applicant, require independent peer review of the analysis as part of the review process.

2.

Carrier leases may be required to provide opportunities for future co-locations of other carrier's antennae and related equipment. Leases which convey exclusive (single-user) rights for wireless communications facilities to the extent that such leases may preclude development of suitable co-location facilities are discouraged and may be prohibited as deemed appropriate by the planning commission.

3.

The design of wireless communications facilities should promote shared use among different carriers. To the extent feasible, lease areas, antennae support, and equipment structures shall be designed to provide for the consolidation of future facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures.

4.

Existing facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

(Ord. 2007-05 § 3 (part))

Applicants for wireless communications facilities shall be required to comply with the following standard conditions:

A.

The carrier and/or successor in interest shall properly maintain and ultimately remove, if required, the approved wireless communications facilities according to the provisions of this chapter and any conditions of permit approval. The carrier shall post a financial security, such as a bond or certification of deposit, acceptable to the city of Orland to ensure that the approved facilities are properly maintained and to guarantee that the facility is dismantled and removed from the premises and the site reclaimed if it has been inoperative for a one year period, or upon expiration of the permit. Financial assurance shall be an amount determined by a California licensed engineer, and approved by the planning commission, and shall cover the costs associated with the demolition, removal and reclamation of the facility site in the event the carrier abandons operations.

B.

The carrier shall defend, indemnify, and hold harmless the city of Orland and any of its boards, commissions, officers, and employees to attack, set aside, void, or annul the approval of permit applications when such claim or action is brought within the period provided for any applicable state and/or local statutes or from facility operations. The city of Orland shall promptly notify the carrier of any such claim, action, or proceeding.

C.

The applicant shall provide a copy of a title report or other legal instrument demonstrating legal access to the project site.

D.

Co-located facilities are permitted without the requirement for a use permit when facilities are proposed to be added to existing facilities, little or no physical expansion beyond the area of existing facility site disturbance is necessary, and the proposed facilities will not have detrimental effects to surrounding properties, the environment, or human health. The planning director shall retain the right to determine whether proposed co-located facilities meet this criteria.

E.

Co-location shall be required when feasible and when it minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors. Co-location is not required when the provider submits proof as part of the submitted application acceptable to the planning commission that reasonable efforts to co-locate have been unsuccessful due to:

1.

The absence of existing installations in the area requiring service;

2.

An inability to use existing sites in a technologically feasible manner consistent with the personal wireless provider's system requirements;

3.

Structural or other engineering limitations, such as frequency incompatibilities.

F.

Location of Wireless Communications Facilities. Facilities shall be sited to avoid or minimize land use conflicts. None shall be sited in a location where it will unreasonably interfere with the operation of any county airport and public safety radio transmissions.

G.

Lighting. Applications for wireless communications facilities shall include a lighting plan including the location and type of all exterior lighting fixtures. Facilities shall be unlit, except as follows:

1.

Manually operated or motion-sensing, low wattage, hooded or downward-directed exterior lighting shall be permitted for safety purposes only and shall not be lit except when maintenance or safety personnel are present;

As required under Federal Aviation Administration regulations.

H.

Access and Roadways. Wireless communications facilities shall be served by the minimum roads and onsite parking necessary, as follows:

1.

Whenever feasible, existing roads and parking areas shall be used to access and service new facilities. Roads shall be maintained to standards required upon the establishment of the use.

2.

Any new roads or parking areas constructed shall be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible.

3.

New access roads or parking areas shall have the minimum width and surfacing necessary to meet fire safety and access needs.

4.

Disturbed surfaces shall be designed to avoid drainage and erosion problems.

I.

Vegetation. Wireless communications facilities shall be installed in a way that maintains and enhances existing vegetation to the extent feasible. Where appropriate, additional landscaping may be required to screen the proposed facility visually. Vegetation protection and facility screening shall be accomplished through the following measures:

1.

Applications for facilities shall include a landscape plan that shows the size, type, and location of existing vegetation, and any vegetation proposed for removal or trimming. Emphasis of the landscape plan should be to screen the proposed facility visually and stabilize the soils on sloping sites. Introduced vegetation shall be native, drought tolerate species compatible with the predominant natural setting of the project area.

2.

Existing trees and other screening vegetation near the proposed facility and associated access roads shall be protected from damage during and after construction.

3.

All vegetation disturbed during project construction shall be replanted with compatible vegetation. Soils disturbed by development shall be reseeded to prevent soil erosion.

4.

No vegetation shall be removed after project completion except to comply with local and state fire safety regulations or to prevent safety hazards to people and damage to property or operational impairment.

5.

Lease area shall be sufficiently sized to include vegetative screening and must include provisions for the protection and maintenance of such screening.

J.

Noise and Traffic. Wireless communications facilities shall be constructed and operated in a way that minimizes noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:

1.

Facilities shall operate in compliance with the noise exposure standards contained in the city's noise element. Backup generators shall comply with the same noise standards and shall only be operated in emergencies or for routine testing and maintenance.

2.

Normal maintenance and testing activities shall occur between the hours of seven a.m. and six p.m., excluding emergencies.

3.

Traffic resulting from the installation, operation, and maintenance of a wireless communications facility must be kept to a minimum.

4.

Applicants may be required to submit a development schedule if nearby property owners may be inconvenienced during construction.

K.

Visual Compatibility and Facility Site Design. Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment to reduce negative visual effects. Visual compatibility shall be accomplished in the following manner:

1.

Freestanding facilities, including towers, lattice towers, and monopoles shall be discouraged unless no reasonable alternative is possible. If necessary this type of facility shall be designed to the minimum

functional height and width required to support the proposed wireless facility.

2.

Proposed freestanding facilities shall be of a stealth design only. They shall be designed, painted and textured to blend with the surrounding landscape. Landscaping shall be provided pursuant to subsection (K)(4) below.

3.

Applications for new facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to, a photo montage or photo simulation or other similar display. The visual analysis shall address views from public vantage points and private residences if deemed appropriate by the planning director. The visual analysis may be expanded to include alternative locations within the proposed service area.

4.

Where visible from adjacent residences or public vantage points, base stations, equipment cabinets, backup generators, and other equipment shall be screened, fenced, landscaped, or otherwise treated architecturally to minimize its appearance from off-site locations and to blend with the surrounding natural and built environments visually. Exterior building materials of a color to match the surrounding natural or built environment shall be used for all facilities.

5.

Facility sites should be avoided where identified historic, cultural, or archaeological resources exists.

6.

No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

7.

If a facility becomes obsolete or is otherwise no longer needed, service providers shall provide the county a copy of the notice to the Federal Communications Commission of intent to cease operations. All related facilities shall be removed within one year of cessation of operation at the owner's expense, as described in subsection A above.

(Ord. 2007-05 § 3 (part))

Antennas covered by Federal Communications Memorandum Opinion and Order—FCC-85-506 (PRB-1), are exempt from this regulation.

(Ord. 2007-05 § 3 (part))

The city of Orland shall not unreasonably discriminate among providers of functionally equivalent services nor shall it prohibit or have the effect of prohibiting the provision of wireless communications services.

A.

The city of Orland shall act on any request for authorization to place, construct or modify wireless communications facilities within a reasonable period of time after the request is duly filed taking into account the nature and scope of the request.

B.

Any decision by the city of Orland denying a request to place, construct, or modify wireless communications facilities shall, in writing, be supported by substantial evidence (findings).

C.

Any person adversely affected by any action or failure to act by the city of Orland that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction.

(Ord. 2007-05 § 3 (part))

Chapter 17.86 - ADULT ORIENTED BUSINESSES

This chapter provides standards for the location, establishment, development, and operation applicable to adult oriented businesses which are conditionally permitted land uses set forth in Section 17.52.040(L). In all locations which permit adult oriented businesses, the following shall apply.

(Ord. No. 2014-05, § III)

A.

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, digital storage devices or any form of video device are used to display video or photographic reproduction characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

B.

"Adult book/video store" means an establishment which has as a substantial or significant portion (twentyfive (25) percent or more of gross floor area) of its stock-in-trade and offers for sale or for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital images, digital storage devices, slides, or any other form of visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

2.

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

C.

"Adult cabaret" means a nightclub, restaurant, bar or similar establishment in which is scheduled and/or featured:

1.

Live performances characterized by the exposure of specified anatomical areas or by specified sexual activities, including striptease, defined as the or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed; or

2.

Films, motion pictures, video cassettes, digital storage devices, video images, or other any other form of video or photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

D.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital images or similar photographic reproductions are shown, and in which a substantial portion (twenty-five (25) percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

E.

"Adult oriented business" means any business or establishment which offers its patrons services or entertainment characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult oriented business includes [subsections] (A)—(H).

F.

"Adult theater" means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, in which is scheduled and/or featured live performances characterized by the exposure of specified anatomical areas or by specified sexual activities.

G.

"Sexual encounter establishment" means an establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the state engages in sexual therapy.

H.

"Specified anatomical areas" includes any of the following: less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

I.

"Specified sexual activities" include any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breasts;

2.

All sex acts, actual or simulated;

3.

Masturbation, actual or simulated; or

4.

Excretory functions alone or as part of or in connection with any of the activities described in items 1. through 3. above.

J.

"Establishment of an adult oriented business" includes any of the following:

1.

The opening or commencement of any adult oriented business as a new business;

2.

The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined herein;

3.

The addition of any of the adult oriented businesses defined herein to any other existing business; or

The relocation of any adult oriented business.

(Ord. No. 2014-05, § III)

Adult oriented businesses shall be located, established, developed and operated in compliance with all of the following standards and in addition to all applicable provisions of the Orland Municipal Code, California state and federal law.

A.

Employees Required. It shall be the duty of the owners to ensure that at least two employees are on duty at all times that any patron is present inside the premises of any adult oriented business.

B.

Hours of Operation. No adult oriented business shall operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

C.

Lighting. The entire exterior ground, including the parking lot, of any adult oriented business shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way.

D.

Live Entertainment. All of the following standards shall pertain to any adult oriented business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities:

1.

No person shall perform live entertainment for patrons of an adult oriented business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be allowed within six feet of the stage while the stage is occupied by an entertainer.

2.

The adult oriented business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use.

3.

The adult oriented business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and

entertainers. Fixed rail(s) at least thirty (30) inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

4.

The serving and consuming of alcohol within or upon a portion of the premises of the adult oriented business, indoor and outdoor, shall not be permitted during live entertainment depicting specified anatomical areas or involving specified sexual activities.

5.

Complete nudity is prohibited.

E.

Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of any adult oriented business premises from public view for each door used as an entrance/exit to the adult oriented business.

F.

Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult oriented business, adult theater, or sexual encounter establishment within:

1.

One thousand five hundred (1,500) feet of another adult oriented business;

2.

One thousand five hundred (1,500) feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors; or,

3.

Two hundred fifty (250) feet of any residential dwelling unit.

The distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult oriented business and any residential dwelling unit, religious facility or institution, school, or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult oriented business to the closest property line or physical structure (residential dwelling) of the property.

G.

Viewing Area.

It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.

2.

It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

3.

It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

H.

Personnel Registers of Live Entertainers. The operator of an adult oriented business providing live entertainment shall maintain a personnel register of all entertainers. The personnel register shall provide contact information, including full name, residence address, telephone number(s) and e-mail address. The personnel register shall be available for inspection by the Orland Chief of Police at all times during regular business hours.

I.

Employment of Minors. It shall be unlawful for the operator or any other person in charge of an adult oriented establishment to employ or retain any person who is under the age of eighteen (18) years to perform any service on the premises of the establishment.

(Ord. No. 2014-05, § III)

A.

Nuisance Per Se. Violation of the any provision of Section 17.86.030 is declared to be a public nuisance per se, which may be abated by way of civil abatement procedures. However, this remedy is not exclusive and violations may be prosecuted by and through any applicable local, state or federal law.

B.

Minors and Intoxication. It shall be a misdemeanor for any person under the age of eighteen (18) years or an obviously intoxicated person to enter or remain on the premises of an adult oriented business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult oriented business.

C.

Other Provisions of Law. Nothing in this chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city of Orland ordinance or statute of the state of California regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, exhibition, or public display thereof.

(Ord. No. 2014-05, § III)

Chapter 17.88 - AMENDMENTS

Sections:

This title may be amended as other ordinances are adopted or amended whenever it is found that the public convenience, necessity and general welfare require such amendment to accomplish the purpose hereof, except that whenever any such amendment will change any zone boundary, change the zoning of any property, impose new regulations, or remove or modify any adopted regulations, the procedures of this chapter shall apply.

(Ord. 2007-05 § 3 (part))

17.88.020 - Who may initiate.

An amendment may be initiated by one or more owners of property affected by the proposed amendment, or by action of the planning commission or the city council.

(Ord. 2007-05 § 3 (part))

The application of one or more property owners for the initiation of an amendment shall be filed in the office of the city clerk on a form provided, and shall be accompanied by a filing fee as established by resolution of the city council, and by plans and other information as may be required to describe fully the proposed amendment.

(Ord. 2007-05 § 3 (part))

17.88.040 - Planning commission hearing—Notice.

A.

Upon receipt of such application, or notice of intent to the city council or planning commission, the city clerk shall set the matter for public hearing as directed by the planning director.

B.

The notice shall include the following:

The time, date and place of the hearing;

2.

The type and magnitude of the changes proposed;

3.

The place where copies of the proposed changes may be obtained;

4.

A general description of the areas affected;

5.

The right to appear and be heard.

C.

The notice of public hearing shall be given at least ten (10) calendar days prior to the hearing date as follows:

1.

By publication at least once in a newspaper of general circulation, published and circulated in the city; and

2.

By mail or delivery to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed zoning change.

D.

In the event the number of owners is greater than six hundred (600), alternative notice to that required by subsection (C)(2) above may be given at least ten (10) days prior to the hearing by either of the following procedures:

1.

By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed amendment, and in at least one additional newspaper having general circulation within such area, if such additional newspaper is available; or

2.

By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

(Ord. 2007-05 § 3 (part))

Any such hearing may be continued from time to time. Within forty (40) days of the conclusion of the hearing, the planning commission shall submit to the city council a written report of recommendations and reasons therefor.

(Ord. 2007-05 § 3 (part))

Upon receipt of the planning commission recommendation, the city clerk shall set the matter for public hearing by the city council. Notice of the hearing shall be given, and the content of the notice shall be as provided in Section 17.88.040.

(Ord. 2007-05 § 3 (part))

The city council may approve, amend or deny the application after the public hearing. Except that the city council shall not make any change in the proposed amendment until the proposed change has been referred to the planning commission for a report and a copy of the report has been filed with the city council. The failure of the planning commission to report within thirty (30) days after the reference of such proposed change shall be deemed to be approval of the proposed change. The planning commission is not required to conduct another public hearing on the modified proposal.

(Ord. 2007-05 § 3 (part))

The hearing may be continued from time to time, except that the city council shall act on the matter within sixty (60) days of the original date of council hearing. Failure of the council to act within such period shall constitute disapproval of the proposal.

(Ord. 2007-05 § 3 (part))

Chapter 17.92 - APPEALS

Sections:

A.

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

Decisions by the City Manager or His Designee. Any decision by the city manager or his designee including zoning clearances, may be appealed to the planning commission.

2.

Planning Commission Decisions. Any decision by the planning commission may be appealed to the city council.

3.

City Council Review/Appeal.

a.

Any member of the city council within ten (10) days from the date of the review authority's action may request the opportunity to review/discuss any decision rendered by the city manager, his designee or the planning commission.

b.

The city council may appeal any decision by the city manager, his designee, or the planning commission at the next available city council meeting if a member of the city council has requested the opportunity to review the decision within ten (10) calendar days from the date of the review authority's action. A majority vote of the city council is required to initiate the appeal.

B.

Statute of Limitations. The decision of the city council shall be final on all matters unless an appeal is filed with the Superior Court of the county of Glenn within thirty (30) days after the decision of the city council.

(Ord. 2007-05 § 3 (part))

17.92.020 - Filing and processing of appeals.

A.

Timing and Form of Appeal.

1.

Appeals shall be submitted in writing, and filed with city clerk, on an application form, within ten (10) days from the date of the review authority's action.

2.

The appeal shall state the pertinent facts of the case and the basis for the appeal.

3.

Appeals shall be accompanied by the filing fee set by the city council.

B.

Scheduling of Hearing and City Manager's Report. When an appeal has been filed, the city manager shall schedule the matter for consideration by the appropriate appeal body identified in Section 17.92.010 and prepare a report on the matter. If the matter originally required a noticed public hearing, the city clerk shall give notice in the same manner followed for the original hearing, in compliance with Section 17.88.040.

C.

Review by City Manager.

1.

The city manager shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which was filed beyond the time limits. Further, the city manager shall determine if the appeal contains sufficient information as required by subsection A, Timing and Form of Appeal, above.

2.

If the city manager determines that the information in the appeal is incomplete, the city manager shall immediately notify the appellant of the insufficiency and allow the appellant an additional seven days in which to correct the deficiency.

3.

If upon the expiration of any additional time, the city manager determines that the statement on appeal is still insufficient, the city manager shall summarily reject the appeal.

D.

City Attorney's Authority to Summarily Reject Appeal. Upon presentation of the notice of appeal, together with the required statement on appeal, the city manager may summarily reject the appeal if the city attorney finds that the matter being appealed is a requirement of law.

E.

Action. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for the appeal.

1.

The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority.

2.

When reviewing an appeal, the appeal body may:

a.

Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement; or

b.

Impose additional conditions that may address other issues or concerns than the original subject of the appeal.

3.

The appellant shall present all available evidence and testimony at the appeal hearing unless the appellant can demonstrate, to the satisfaction of the appeal body, that new information:

a.

Was not available to the appellant; or

b.

The appellant could not have participated in the review process because they could not have known about the review process.

4.

If new or different evidence is presented on appeal, the planning commission or city council may, but shall not be required to, refer the matter to the city manager, his designee or the planning commission for further consideration.

(Ord. 2007-05 § 3 (part))

A.

All interpretation and decision of the administrative staff authorized by this title are subject to appeal. Appeals of any administrative interpretation or decision, shall be made by filing a written appeal with the city clerk. The planning commission shall hear and decide on the appeal within forty-five (45) days of filing the appeal, and shall make findings supporting their decision on the matter. The decision of the planning commission on such matters can be appealed to the city council, who also shall review and decide on such appeal, if filed, within forty-five (45) days of such filing of the appeal with the city clerk.

B.

All such appeals shall be filed with the city clerk within ten (10) calendar days of the final action by the planning commission or city manager.

C.

The city council will conduct the appeal as a de novo hearing and may approve, deny or modify conditions of approval. The city council may also refer the matter back to staff or the planning commission for

additional consideration or to obtain additional information.

(Ord. 2007-05 § 3 (part))

Chapter 17.96 - ADMINISTRATION AND ENFORCEMENT

Sections:

This chapter establishes uniform provisions for the noticing of zoning changes, for the regulation of nonconforming uses, structures, and lots and for the general administration of this title. Within zone districts established by this title, there exist structures, land uses, and lots that were lawful prior to the adoption of the title, but which would be prohibited, regulated, or restricted differently under the use regulation and development standards of this title or future amendments. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming structures or uses may be desirable, particularly if it can be assured that the

structure or use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their originally designed purposes.

(Ord. No. 2013-07)

Whenever a zone change or zoning variance is granted on a property, the city clerk acting for the city council shall, within thirty (30) days, notify the county assessor of such action. Whenever the request for a zone change or a zoning variance is made by other than the owner of record, the city clerk shall simultaneously notify the owner of such property that a notice has been sent to the county assessor regarding the zone change or zoning variance.

(Ord. 2007-05 § 3 (part))

The lawful use of lands or buildings existing at the time they become subject to any regulations of this title to which they do not conform, may be continued, except that the following provisions shall apply unless a use permit allowing such modification and/or expansion is granted:

A.

No such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property. This includes converting enclosed garage space.

B.

Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.

C.

If any such use or building is involuntarily damaged or destroyed, the structure may be reconstructed and the use continued without the need for additional planning or zoning permits, based upon the following criteria:

1.

The use or structure shall continue to be identified as an existing nonconforming use or structure;

2.

The footprint of the structure shall be unchanged from the damaged or destroyed structure; and

3.

All new buildings shall be constructed utilizing the standards and requirements of the currently adopted version of the building code.

D.

Any interruption of a nonconforming use, or the use of a nonconforming building, which continues for twelve (12) months or more, shall be deemed to be an abandonment of such use, and subsequent use of buildings or land shall be in accordance with the regulations applicable to the subject property.

E.

Ordinary maintenance and repair may be made to any nonconforming use or building, provided that the maintenance and repair activities do not result in a physical expansion of the existing footprint of the structure.

F.

Except as otherwise provided by law, nonconforming uses may be expanded, under the following terms and conditions:

1.

Approval shall be by use permit on a case by case basis by the planning commission.

2.

Approval of the planning commission must be accompanied by specific findings as follows:

a.

Only increase in size of existing structures;

b.

In the case of structures there shall be no change in basic use, unless other necessary permits are obtained;

c.

No more than a fifty-percent increase in size of structure excluding carports and garages;

d.

Under no circumstances shall any development exceed the permissible maximum building coverage as described in this code and/or the city general plan standards.

3.

Each applicant shall be entitled to the same right of appeal as now exists for appeals of planning commission's actions to the city council.

4.

The nonconforming use of land or buildings may only be modified or enlarged without use permit approval when such modification or enlargement brings the entire parcel into conformity with this title.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2012-05, § 1; Ord. No. 2013-07)

Use of lots with areas or widths which do not conform to the minimum specifications of the zone in which they are allocated will be permitted where the lot in question was delineated on a recorded subdivision map or was under one ownership on the effective date of these regulations and owner thereof has not subsequently acquired adjoining property.

(Ord. 2007-05 § 3 (part))

All departments, officers and public employees vested with the duty or authority to issue permits, certificates or licenses shall issue no permit, certificate or license for uses, buildings or purposes within the city in conflict with the provisions of these regulations, and any such permit, certificate or license issued in conflict with the provisions of these regulations shall be null and void.

(Ord. 2007-05 § 3 (part))

Any building or use operated or maintained contrary to the provisions of these regulations shall be, and the same is declared to be a public nuisance and shall be subject to injunction and abatement as such.

(Ord. 2007-05 § 3 (part))

17.96.060 - Remedies nonexclusive.

The remedies provided in this title shall be cumulative to all others provided by law and not exclusive.

(Ord. 2007-05 § 3 (part))

17.96.070 - Violation—Penalty.

Any person, whether principal, agent, employee or otherwise, who violates or causes or permits a violation of any of the provisions of this title shall be punished pursuant to the provisions of Section 1.12.010 of this code.

(Ord. 2007-05 § 3 (part))