No person, business, or organization shall conduct Special Events – Flags and Banners without having first applied for and obtained a special event permit pursuant to this section.
.010 "Special Events–Flags and Banners". The outdoor display of temporary signs, flags, banners or fixed balloons for the promotion of business activities that will be conducted within a building. The following types of banners are also considered Special Events – Flags and Banners:
.0101 Grand Opening Banners.
. 0102 Seasonal Banners.
. 0103 Service-Bay Banners.
. 0104 Public Construction Project Banners.
. 0105 Special Event - Flags or Banners in Residential Zones.
. 0106 Banners in conjunction with a Business Name Change.
.020 Exceptions. The following are not subject to a special event permit:
.0201 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.
.0202 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).
.0203 Private occasional parties which are not open to the public.
.040 Location–Special Events–Flags and Banners may be allowed in any commercial zone; in any industrial zone subject to compliance with the provisions of subsection 18.38.225.070; and, in any residential zone, in conjunction with the sale, rent, or lease of residential units, in compliance with the provisions of subsection 18.38.225.070.
.050 Duration. Special events permits shall be permitted for the following time periods:
.0501 Unless otherwise expressly permitted by this Code, no special event permit shall be issued for a period in excess of nine (9) consecutive calendar days.
.0502 No business or organization may be issued more than four (4) special event permits during any calendar year.
.060 Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed.. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) maximum amount per year allowed.
.070 Regulations for Conduct of Special Events - Flags and Banners.
.0701 Height. No fixed balloon shall exceed fifty (50) feet in height as measured from finished grade.
.0702 Balloons. Metallic balloons, feather or sail-type banners, household linens utilized as banners, and roof-mounted banners and roof-mounted balloons and inflatables are prohibited.
.0703 Location. All flags and banners that are visible to the public shall be subject to this section and shall at all times be maintained in good and attractive condition and removed prior to deterioration. Unless otherwise regulated by the following subsections, banners shall not be displayed in a required setback area, in any landscape area or on any fence and must be attached to and parallel with the face of the building for which the banner is intended and secured at all four corners of the banner.
.0704 Size. The maximum area per banner shall be thirty-six (36) square feet.
.0705 Number. The maximum number of banners permitted is one per street frontage.
.080 Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening banner permit does not count toward the annual limit of special event permits regulated by subsection 18.38.225.60.
.090 Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit.
.100 Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or the name of the commercial center, but shall not include the name of any individual business or product.
.110 Service-Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right-of-way. The maximum area per banner shall be twenty-four (24) square feet.
.120 Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and/or vehicular access to said business. Approval of the permit shall be subject to the following provisions:
.1201 The permit shall be limited to one (1) banner, not to exceed thirty-six (36) square feet in area;
.1202 The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business;
.1203 The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and
.1204 Only one (1) special event permit is required for the duration of the construction project.
.130 Special Event–Flags or Banners in Residential Zones. Special Event–Flags or Banners are permitted in all residential zones , subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in subdivisions and the rent or lease of apartment units and all such displays are located subject property. The display shall be subject to the following provisions.
.1301 Duration of Permits.
.01 Apartment buildings containing five or more units are eligible for Special Events–Flags and Banners for one three-day weekend, Friday through Sunday, for a total of twelve (12) permits per calendar year, to promote the availability of rental units, subject to the approval of a special event permit. There shall be a minimum of three (3) weeks between Special Events–Flags and Banners permits for apartments.
.02 The initial sale of new homes or condominiums are permitted to display flags and banners for up to two (2) years from the date of permit issuance to advertise new for-sale residential tracts and new condominium complexes. New rental apartment complexes are permitted to display flags and banners to advertise new complexes for a total of six (6) months to advertise new rental apartment complexes from the date of permit issuance or permit final.
.1302 Display. The display shall be subject to the following provisions:
.01 No more than ten (10) total flags shall be permitted or displayed for any such project or development. No flag shall exceed twelve (12) square feet in area or six (6) feet in any one dimension.
.02 One banner per building elevation facing a public or private street, or parking lot serving the development, shall be permitted for apartment or condominium projects. The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the street or seventy-five (75) square feet per building elevation, whichever is less.
.03 All flags and banners shall be placed on ground-mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof.
.1303 Banner in conjunction with a Tent. A single banner may be placed on a tent authorized by a special event permit, provided such banner is not placed on top of the tent.
.1304 Banners in conjunction with a Business Name Change. Banners shall be allowed by special event permit for the covering of a permanent sign with a banner in the event of a business name or ownership change during the interim period when a new permanent sign has not been installed. Such banners shall be permitted for a period of no longer than sixty (60) days and shall not count towards the annual limit of special event permits regulated by subsection 18.38.225.60.
.140 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.
.150 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.
.160 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.
.170 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.
.180 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.
.1801 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).
.1802 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.
.1803 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.
.1804 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).
.190 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 19; February 15, 2022.)