Calaveras County Municipal Code Ch. 17.24 Signs

The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:

A. Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;

B. Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the county;

C. Maintain and enhance the county's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;

D. Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;

E. Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and

F. Ensure that the constitutionally guaranteed right of free speech is protected.

The provisions of this chapter apply to all signs in all zoning districts, unless otherwise specified, constructed, or physically altered on or after the effective date of this chapter.

A. Nothing in this chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the county.

B. The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. When applicable, it is the responsibility of the applicant to establish that a proposed sign includes a valid registered mark.

The following signs are exempt from the permit requirements of this chapter, and they do not count toward the total sign area limit for a site, provided that they conform to the specified standards.

A. Signs required by federal/state law.

B. Temporary holiday displays and decorations.

C. Community bulletin boards, whether sponsored by a private entity or public organization.

D. Signs for special events such as yard, barn, and garage sales; open houses; theatrical performances; musical events; fundraising activities; and similar events that comply with the following requirements. Additional signage may be allowed pursuant to Section 17.24.100.F, Temporary signs.

1. Are smaller than eighteen inches by thirty inches.

2. Are posted for no longer than seven days prior to event.

3. Are removed within seventy-two hours of the last day of the event.

4. Are not posted on traffic-control signs, utility poles or traffic advisory signs.

E. "No Trespassing" signs.

F. "Open" and "Closed" signs.

G. Address numbers less than eight inches in height.

H. Signs placed by utilities or other publicly regulated service providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags.

I. Informational signs not more than eight square feet in area for the direction or convenience of the public such as outlining/assisting vehicle and pedestrian circulation within a site, egress, ingress, and any public facilities such as restrooms, telephones, walkways, and other similar features.

J. Signs that are in the interior areas of a building or site not visible from the public right-of-way, and at least five feet from a window, door, or other exterior wall opening.

K. Murals or other artistic paintings on walls, provided no logos, emblems, or other similar devices, sign copy, or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting.

L. Commemorative plaques, tablets, date of construction, and similar signs.

M. Memorial tablets or signs and historic markers.

N. Construction informational signs up to a maximum size of four-square feet per sign, erected during construction and removed upon final inspection or occupancy, whichever occurs first.

O. Political signs informing of political candidates, parties, issues, measures, propositions, philosophies, or personal beliefs, and which are not commercial messages, shall be exempt from all regulations of this chapter, except that such signs shall not be placed within the public right-of-way. Political signs shall conform to the requirements of the Elections Code for placement and removal.

P. Signs adhered to windows up to a maximum size of 25 percent of the total window area of the building elevation where the signs are located.

Unless otherwise permitted by a specific provision of this chapter, the following sign types are prohibited:

A. Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating parts or visible mechanical movement of any kind. This provision does not apply to signs using digital display technology, such as LED (light emitting diodes) or functionally equivalent display methods, which are permitted, subject to the regulations of this chapter.

B. Balloons, Inflatable Signs, Streamers, Pennants, and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other movable attention-getting devices, made of light-weight fabric or similar material, designed to rotate, or move with the wind, that direct, promote, or that are otherwise designed to attract attention are prohibited except when used as promotional signs pursuant to Section 17.24.100.F, Temporary signs.

C. Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire, except when used as promotional signs pursuant to Section 17.24.100.F, Temporary signs. This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the county.

D. Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign can be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.

E. Signs Affixed to Utility Poles or Trees. Signs affixed to or cut into any utility pole or tree or other living vegetation.

F. Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff, or hillside.

G. Signs Creating Traffic Hazards or Affecting Pedestrian Safety.

1. Signs placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way.

2. Signs which contain any design, symbol or content that parodies, imitates, or resembles traffic-control signs or devices.

H. Signs Blocking Ingress or Egress, and Access. Any sign erected in such a manner that will limit, prohibit, or otherwise obstruct the use of any doors, windows, access routes or emergency access routes.

I. Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.

J. Signs that Produce Noise or Emissions. Signs that produce visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line, excluding voice units at menu boards and devices for servicing customers from their vehicles.

The area of a sign shall be calculated by enclosing the extreme limits of framing, emblem, logo, representation, letters applied to the structure without a distinctive background (e.g., channel letter), or other display within a maximum of two squares and/or rectangles. Supporting structures, such as bases and columns, are not included in sign area provided that they contain no lettering or graphics. See Figure 17.24.050: Sign Area Measurement.

[Figure: FIGURE 17.24.050: SIGN AREA MEASUREMENT]

FIGURE 17.24.050: SIGN AREA MEASUREMENT

A. Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.

B. Double-Faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points or located at an interior angle of forty-five degrees or less from one another, the sign area of double-faced signs is computed as the area of one face. Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign are located more than two feet or greater than forty-five degrees from one another, both sign faces are counted toward sign area.

[Figure: FIGURE 17.24.050.B: MEASURING DOUBLE-FACED SIGNS]

FIGURE 17.24.050.B: MEASURING DOUBLE-FACED SIGNS

C. Multi-Faced Signs. On a multi-faced sign, where at least one interior angle is forty-five degrees or less, the area of two faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area will be calculated as the sum of all faces.

[Figure: FIGURE 17.24.050.C: MEASURING MULTI-FACED SIGNS]

FIGURE 17.24.050.C: MEASURING MULTI-FACED SIGNS

D. Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.

[Figure: FIGURE 17.24.050.D: MEASURING THREE-DIMENSIONAL SIGNS]

FIGURE 17.24.050.D: MEASURING THREE-DIMENSIONAL SIGNS

A. Applicable Codes. In addition to complying with the provisions of this section, all signs must be constructed in accordance with the building code, the Sign Code, the Electrical Code, and all other applicable laws, rules, regulations, and policies.

B. Zoning Clearance. A zoning clearance pursuant to Chapter 17.28, Zoning Clearance, is required for all signs, except those specifically exempted in Section 17.24.030, Exempt Signs.

C. Encroachment Permits. Signs mounted on private property may project into or above public property or the public right-of-way only with approval by the public works director of an encroachment permit.

D. Comprehensive Sign Program. The purpose of a comprehensive sign program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.

1. Applicability. A comprehensive sign program is required whenever a deviation from the standards of this chapter is requested. A comprehensive sign program may also be requested for any project with two or more nonresidential tenants.

2. Application. Comprehensive sign program applications shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A comprehensive sign program application shall also include calculation of total allowed sign area, and total proposed sign area, for the site.

3. Allowable Modifications. A comprehensive sign program may provide for deviations from the standards of this chapter.

4. Review Authority. All comprehensive sign programs are subject to review and approval of the review authority for the project with which the signs are associated. A comprehensive sign program may be submitted separately or as part of the permit application for the project.

5. Required Findings. In order to approve a comprehensive sign program, the review authority must find that all of the following are met, in addition to other applicable regulations in this chapter.

a. The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;

b. Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification; and

c. Directional signage and building addressing are adequate for pedestrian and vehicular circulation and emergency vehicle access.

6. Lessees to Be Informed of Comprehensive Sign Program. Lessees within developments subject to the requirements of an approved Comprehensive Sign Program shall be made aware of the Comprehensive Sign Program in their lease.

A. Changes to Copy of Approved Signs. Changes to the copy of approved signs that were legally established and have not been modified to become illegal are exempt from permitting pursuant to this chapter. Changes to copy do not include changes to the type or level of illumination of an approved sign.

B. Noncommercial Signs. Non-commercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.

C. Message Substitution. A non-commercial message of any type may be substituted, in whole or in part, for any duly permitted commercial message, any non-commercial message may be substituted for any other non-commercial message, and any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message.

1. No Additional Approval. Such substitution of message may be made without any additional approval, permitting, registration, or notice to the county. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other noncommercial message.

2. Limitations. This message substitution provision does not: 1) create a right to increase the total amount of signage on a parcel, lot or land use; 2) affect the requirement that a sign structure or mounting device be properly permitted; 3) allow a change in the physical structure of a sign or its mounting device; or 4) authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

D. Changeable Copy.

1. Manual Changeable Copy. Manually changeable copy is allowed.

2. Automatic Changeable Copy and Electronic Message Center Signs. Electronic Message Center (EMC) signs and automatic changeable copy in which copy can be changed or altered by electric, electro-mechanical, electronic, or any other artificial energy means, are allowed subject to the following standards.

a. Display Duration. The display shall change no more frequently than once every eight seconds and must have an unlighted interval between copy displays of 0.3 second or more.

b. Static Message. Displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating, or varying of light intensity.

c. Light Intensity. 0.3 foot-candles over ambient lighting conditions when measured at a distance equal to the square root of one hundred times the area of the sign in square feet. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.

d. Automatic Controls. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.

A. Maximum Sign Height. The top of any sign structure or display area shall not be more than twenty-five feet above the average ground elevation as measured within one hundred feet of the sign, or more than ten feet above the highest point of the on-site structure, whichever is less.

B. Minimum Sign Clearance.

1. The bottom of any sign located within the vision clearance zone established in Section 17.16.140, Visibility at Intersections and Driveways, shall be no less than eight feet above the highest elevation of the road surface within the clearance zone.

2. Signs that extend over pedestrian-exclusive access shall be a minimum of ten feet above the highest elevation under the sign. Signs that extend over a vehicle-pedestrian or vehicle-exclusive access area shall be a minimum of sixteen feet above the highest surface elevation under the sign.

C. Billboards. Billboards shall be a maximum of twenty feet above the ground elevation on which the billboard is located.

Unless otherwise established by planned development or design review criteria, signs may be illuminated either directly or indirectly. Sign illumination shall be in compliance with Section 17.16.100, Lighting and Illumination and the following:

A. Externally illuminated signs shall use top mounted light fixtures which shine downward and are directed so that lighting does not shine or glare into traffic patterns within a parking lot, on a road, or onto adjoining property.

B. Internally illuminated signs shall not produce light such that lighting levels increase by more than 0.3 foot-candles over ambient lighting conditions as measured using a foot candle meter at a distance of one hundred fifty feet from the sign. The light source, lamps, or bulbs shall not be directly visible and shall be obscured by translucent or filtered lenses or designs.

A. Nonresidential Uses. In addition to other signs allowed pursuant to this section, nonresidential uses are allowed the following signs:

1. Nonresidential Uses in Residential Zones. Nonresidential uses in residential zones, including home occupations and short term vacation rentals, a single-sided sign without illumination is permitted, provided that the sign is mounted on the residence, and is no larger than twelve inches in height and twenty-four inches in length.

2. Nonresidential Uses in Zones other than Residential Zones. Nonresidential uses in zones other than residential zones are allowed a maximum of one square foot of sign area for each linear foot of principal building elevation.

a. The property owners shall select the elevation of the structure that is considered the principal elevation. The principal elevation is used for determining allowable sign area; however, sign placement is not limited to the designated principal elevation.

b. The maximum allowed sign area applies to the cumulative sign area of all signs located on the subject parcel.

B. Entrance Signs. Nonresidential developments with two or more tenants and residential subdivisions may erect entrance identification signs with a maximum cumulative sign area of two hundred fifty square feet per development or subdivision.

C. Directional Signs. The overall purpose of directional signs is to inform tourist and travel visitors to the county of various recreation, historic, civic, and cultural features. Directional signs, pursuant to the Outdoor Advertising Act, are permitted for businesses which rely primarily on tourist and travel-oriented clientele. Such signs shall be no more than thirty-two square feet in total area, and shall be subject to the provisions of an administrative use permit. Limitations on the style of graphics, color scheme or other features of the sign may be set to maintain a conformity in concept between the various directional signs in the county.

D. Billboards. Billboards of a maximum area of one hundred twenty-eight square feet may be permitted on private property in the M2 zone upon approval of a conditional use permit. Billboards shall comply with the provisions of Division 3, Chapter 2 of the California Business and Professions Code, and the following requirements:

1. Billboards shall not be erected in a manner to block the visibility along the highway for pedestrians and vehicles of other vehicular traffic.

2. Billboards may be illuminated, except that blinking or animated lighting shall not be permitted.

3. No billboard shall be erected within three hundred feet of any other billboard facing the same traffic direction. No billboard shall be erected within three hundred feet of an on-site sign for the same business erected in conformance with this chapter.

4. No billboard shall be erected without the issuance of a permit pursuant to the Outdoor Advertising Act from the California Department of Transportation.

E. Community Identification Signs. Freestanding community identification signs containing the name of a recognized community in the general plan or a city, are permitted in any zone at or near an entrance to the community or city pursuant to an administrative use permit and the following regulations:

1. Community Information. A community identification sign may include a community theme and directional information but shall not contain other advertising matter.

2. Area. Signs shall not exceed sixty square feet in sign area.

3. Height. Signs shall not exceed fifteen feet in height.

4. Design. Signs shall be architecturally compatible with the community area in which they are located and shall be constructed with decorative materials that are compatible with the location and the community.

5. Community Outreach Required. To approve a community identification sign, the review authority shall find that adequate community outreach has occurred to ensure the community is aware of the application and has had the opportunity to provide input.

F. Temporary Signs. Temporary signs are allowed as follows.

1. General Temporary Signs. Temporary signs are allowed provided they comply with the following requirements.

a. Are smaller than four feet by eight feet.

b. Are posted for no longer than six weeks.

c. Are not replaced in substantially the same form until at least four calendar weeks have passed from the conclusion of the last previous display of the sign.

d. Are not posted on traffic-control signs, utility poles or traffic advisory signs.

e. Across-the-road banners require the approval of the department of public works for county roads and Caltrans for State highways.

2. Real Estate. Signs offering property for sale or lease are permitted as follows, provided that such signs are removed upon close of escrow for sale transactions, or the initial period of full occupancy for lease or rental transactions:

a. Residential parcels of less than five acres: maximum cumulative sign area is four square feet.

b. Residential multi-unit developments of fewer than ten units: maximum cumulative sign area is eight square feet.

c. Other types of real estate and development: maximum cumulative sign area is thirty-two square feet.

3. Sandwich Boards. Sandwich boards are permitted in compliance with the following.

a. Maximum Width: Two feet.

b. Maximum Height: Three feet.

c. Maximum Number: One per tenant space.

d. Location: May be located within required setback areas. Shall not unreasonably impede access to or use of doorways, walkways, drive aisles, parking areas, and/or spaces.

4. New Development Signs. Residential subdivisions for which a final tract map has been recorded, and commercial or industrial complexes for which parcel maps have been recorded, may erect temporary signs in compliance with the following.

a. Location. Such signs may be placed upon private property within two road miles of the subdivision or project provided that the record owner of the private property has agreed to such placement.

b. Maximum Sign Area. Signs shall have a maximum area of thirty-two square feet.

c. Maximum Total Number of Signs. A maximum of six signs shall be permitted.

d. Maximum Number of Signs Per Parcel Frontage. A maximum of one sign per parcel frontage.

e. Duration. The maximum term that new development signs may be displayed under the provisions of this section is eighteen months.

i. The time period is measured from the date of erection of the first sign. All additional signs are assigned time periods from this first date.

ii. Additional units or phases of the same subdivision count as additional subdivisions for the purposes of determining the eighteen month duration.

iii. The starting time and date for the additional units shall be based on the date of recordation of the final maps for the additional subdivision units.

iv. The maximum of six signs, however, applies to the additional units. It is prohibited to have more than a total of six signs, even when there is more than one subdivision unit.

A. Continuance and Maintenance. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming provided there is no expansion of any nonconformity.

B. Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of twelve months, the nonconforming sign must be removed.

C. Restoration of a Damaged Sign. A nonconforming sign with damage that does not exceed fifty percent of the total sign area, including hardware and attachments, may be restored provided that the repairs start within sixty days of the date of damage and are diligently pursued to completion.

All signs erected in conformance with this chapter shall be maintained in a safe and orderly appearance. The sign owner shall perform such maintenance tasks as necessary on a regular basis, including and not limited to repainting, replacement of structural members, repair of sign facing and illumination, and removal of vegetation around the base of the sign or structure.