Article 22 — SIGNS

The requirements set forth in this chapter shall apply to all signs erected, relocated or maintained within the City. No sign shall be erected, repaired or relocated except as provided in this chapter. The purpose of the sign code is to protect the public safety and general welfare, and to control the location, size, height, illumination, construction and maintenance of signs and outdoor advertising structures.

A.

No person shall erect, move, alter, repair, or attach any sign without first obtaining a sign permit.

B.

The placement of all signs shall meet the requirements of the State Public Utilities Commission and all other relevant federal, state, and local laws and regulations.

C.

Shopping Center Signs. The design for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

D.

Application. Application for sign permits shall contain the following information:

1.

Name, address and telephone number of applicant;

2.

Location of building or lot where the sign is to be located;

3.

A sketch drawn to a suitable scale showing the location and position of the sign;

4.

Two (2) copies of the plans and specifications for the design showing the method of construction and attachment to the building or ground;

5.

A copy of calculations and stress diagrams showing that the structure is designed for dead load and wind pressure to meet the requirements of the Building Official;

6.

The name of the person, firm, corporation or association, owning and erecting the sign;

7.

Such other information as the Building Official may deem necessary.

E.

Electrical Permit Required. No person shall install any electrical wiring or lighting to be used in connection with any sign without first obtaining an electrical permit.

F.

Appeal from Decision. An appeal may be filed with the Commission by any person aggrieved or affected by any decision of the Building Official.

G.

Variances. The Commission may grant variances to the conditions established in this chapter in a manner set forth in Chapter 9-5.28.

(A)

For purposes of this article, the following definitions shall apply:

A-board means a portable sign capable of standing without support or attachment.

Advertising structure means a structure erected exclusively for advertising purposes upon which any poster, printing, device or other advertisement of any kind may be placed, printed or fastened and having a surface of twelve (12) square feet or more.

Awning sign means any sign located on an awning.

Building means the building on which a sign is located or attached, but excluding an advertising structure.

Cut-out sign means any sign or individual words, letters, figures or characters that are self-supporting and not affixed to any sign surface, but that are erected so as to be approximately parallel to the face of the building but need not be attached to the building.

Directional sign means any sign other than a sign erected by public authority that directs persons to a place or activity not located on the same premises as the sign.

Erect means to build, place, suspend, or affix, including the painting or otherwise applying of wall signs.

Face means the surface of a sign on, against or through which the message or design is displayed or illustrated.

Face of building means the exposed side of a main wall of a building, excluding structural projections facing a street or highway.

Face sign means any sign painted or attached on a wall or of solid construction located as to be approximately parallel with the face of a building including a "V" type sign that does not extend more than eighteen (18) inches from the face of the building or structure.

Fin sign means any sign erected so as to combine the features of both a roof sign and a projecting sign.

Freestanding sign means any sign that is self-supporting in a fixed location and not attached to any building.

Gross surface area of sign means the area contained within a single continuous perimeter, enclosing all parts of the sign but excluding any structural elements outside the limits of signs required to support the sign.

Human sign means a temporary sign carried or held by a person.

Illuminated sign means any sign illuminated by any light source, on, within or attached to the sign or by a light source removed therefrom.

Marquee means a permanent roofed structure attached to and supported by the building.

Marquee sign means any sign attached to or supported by a marquee.

Monument sign means any low profile sign located on the premises and advertising the business, service or activity being conducted on the premises.

Outdoor advertising structure (billboard) means any sign having a gross area of fifty (50) square feet or more, if single-faced; or one hundred (100) square feet or more if double-faced, that advertises a business, product, service, or activity, made available elsewhere than upon where the sign is located.

Political sign means any sign that promotes or opposes any person's candidacy for public office, any issue in a public election, or any other political cause.

Projecting sign means any sign attached to the face of a building that projects more than eighteen (18) inches from the face of the building.

Real estate sign means any sign used exclusively for advertising a parcel of property or a building for sale, lease or rent.

Roof sign means any sign located on a roof of a building or having its major structural supports attached to a roof.

Sign means any advertisement, announcement, display (including electronic display), banner, insignia or mechanism that is affixed to, painted on or otherwise represented on a building or site, on any vegetation, rock, wall, post, fence or any other object and that is used to advertise or promote the interests of any person on the sale, use or consumption of any service, commodity, article or thing.

For the purpose of this article, the term "sign" shall not include the following:

a.

Advertising media located entirely within an enclosed building;

b.

Traffic highway markers, parking directional signs not greater than three (3) square feet in area, and railroad crossing or danger signals;

c.

The display of official court or public notices;

d.

Any sign erected or maintained by a public authority;

e.

Signs used for the safety, welfare or convenience of the public by utility companies.

Sign structure means the structure supporting a sign but excluding any portion of the sign structure that meets the definition of a "sign."

Sniping means affixing advertising to a building, pole or other surface without consent of the owner or other person exercising control of the premises, excluding any posting by an authorized public officer or employee, or the giving of a notice required or authorized by law.

Street frontage of a lot means the face of a lot abutting a street for interior lots and the narrowest frontage abutting a street on corner lots.

Window sign means any sign painted on or attached to a window or located inside and designed to be viewed from the outside of the building in which the window is located.

A.

Real estate signs not exceeding six (6) square feet in area and having a vertical dimension of not more than four (4) feet, pertaining to the sale, lease or rental of the property on which they are displayed, may be erected without obtaining a sign permit; provided, that not more than one (1) such sign shall be permitted

on a lot, or upon each sixty (60) feet of frontage of larger parcels; provided further that when located in any R or RM zone, not more than one (1) such sign shall be allowed no matter the size of the parcel.

B.

The following signs and nameplates may be erected without obtaining a sign permit:

1.

Street number and/or name signs not exceeding one (1) square foot per sign for single-family or duplex structures and three (3) square feet per sign for all other uses. One (1) sign per street frontage shall be allowed. This shall include signs that identify the location of the office of the manager of the property;

2.

Signs not to exceed twelve (12) square feet in area identifying persons engaged in construction on the site, while construction is in progress; but for not longer than six (6) months.

3.

Signs for identification of institutional buildings, private clubs, lodges, schools, and churches, provided:

a.

Such signs shall not exceed two (2) in number,

b.

Such sign or signs shall not exceed more than twenty (20) square feet in the aggregate,

c.

Such signs shall be attached to a wall of the building, parallel to the wall and shall not project out from the wall more than six (6) inches, nor extend above the wall.

4.

Bulletin boards which may be double-faced, not over twelve (12) square feet on one (1) side, for public, nonprofit charitable or religious institutions, provided that such bulletin boards shall have letters not more than six (6) inches in height, be internally illuminated, and serve only to identify the institution and announce its services and/or activities;

5.

Memorial signs or tablets, historical monuments, and religious symbols and similar emblems when such are constructed of incombustible materials, when submitted with the building and approved under the zoning provisions.

C.

Signs not greater than twelve (12) square feet in area accessory to public garages or parking areas, when such signs are located on the same lot.

D.

Signs not exceeding twelve (12) square feet denoting the owner, architect, engineer or contractor, when placed during construction; provided that not more than one (1) such sign shall be erected on the site. Such signs shall be removed thirty (30) days after obtaining an occupancy permit for the structure.

E.

Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice.

F.

Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or information purposes.

G.

Credit cards accepted, trading stamps given, and association membership signs when not exceeding onehalf (½) square foot per window sign and one and one-half (1½) square feet per hanging sign and a total of four (4) in number.

H.

Signs located on the site necessary to facilitate circulation within the site or egress and ingress.

I.

Flags of any nation, political subdivision, or fraternal or religious organization and those flags determined by the Director to be of a nonprofit civic character provided the pole height does not exceed twenty-four (24) feet and the flag height is not more than one-fourth (¼) the height of the pole. A sign application may be submitted for a flagpole higher than twenty-four (24) feet or a flag that exceeds one-fourth (¼) the height of the pole where the applicant can show that the proposed flag and/or pole is consistent with the intent and purpose of this chapter. This section is not intended to allow the clustering or display of flags for the purpose of commercial attraction as determined by the Director.

J.

Signs such as "rest rooms", "telephone", "no smoking", and other signs of a similar nature may be allowed up to five (5) square feet in area.

K.

Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, and that are not visible from any public right-of-way, shall not be subject to the size and location criteria within this chapter.

L.

Temporary display posters in connection with nonprofit civic and cultural events (such as Red Cross, United Way, performing arts, and the like). Such posters shall be removed within fourteen (14) days after the termination of the event.

M.

The removing and replacing of only the sign copy without increasing or decreasing the area of conforming signs. The sign container, including the structural and electrical connections, shall remain unchanged. This section is not intended to allow changeable copy signs.

N.

Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, excluding advertising signs disguised as seasonal decorations.

O.

Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, parking lots within a business center. This section is not intended to allow additional permanent signs.

P.

Temporary signs directing traffic to a residential property for sale provided that such signs shall have an area on any face not greater than three (3) square feet, shall be limited to two (2) in number pertaining to any property and shall be displayed only during the hours between 8:00 a.m. and 5:00 p.m.

Unless otherwise provided, the following signs are expressly prohibited.

A.

No person, except a duly authorized public official, shall erect, paint, nail, or otherwise fasten, any banner, sign, advertisement or notice of any kind, on any pole, utility pole, bench, hydrant, wall, tree, sidewalk or structure, in, upon or across any public street, alley, or public property except as may be required or permitted by law.

B.

Human signs.

C.

Signs or advertising structures placed upon or attached to the ground on any portion of the public street, sidewalk or right-of-way.

D.

Snipe signs or sniping.

E.

Glaring and flashing lights, including illuminated window signs, excepting seasonal decorations.

F.

Pennants, streamers, spinners, ribbons except as provided in Sections 9-5.22.13 and 9-5.22.18.

G.

Animated signs, the movement of which is simulated by variations in the intensity, color, pattern or illumination, and flashing signs, shall be prohibited In all districts, subject to the following exceptions:

1.

A sign changing so as to show time and/or temperature.

2.

An on-premise barber pole operated during business hours.

3.

Electronic signs displaying such things as time, temperature, advertisement or events of community interest shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site, subject to a Conditional Use Permit.

H.

Murals that contain advertising copy or that function as an advertisement.

I.

Signs having one (1) or a combination of the following characteristics:

1.

Obscene or offensive to morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character that, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value;

2.

Imitative of official signs. Signs (other than when used for traffic direction) that contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar

words, or signs that imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like;

3.

Natural despoliation. Signs that are cut, burned, painted, or otherwise marked on a field, tree, rock, or other natural item; and

4.

Changeable copy signs. Signs designed to have changeable copy as a part of all of their copy, except as specifically provided by this chapter.

J.

No vehicle may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on private property or the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign,

K.

The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.

(Ord. No. 2015-04, § 1, 5-19-2015)

A.

The requirements and conditions set forth apply to all advertising structures, sign boards and supporting structures located or constructed within the city.

1.

A-Board sign:

a.

Sign area (maximum): Width 30" height 42"; it may be necessary that signs be smaller than the maximum allowed to be proportionate in size and scale to achieve the design objectives of this section.

b.

Maximum area: Six (6) square feet each side.

c.

Number per business: One (1) per business address.

d.

Location: May be placed on the business site as long as conflicts with vehicle safety are not caused. May also be placed on the public sidewalk adjacent to the business. Sidewalk signs must not interfere with pedestrian travel or encroach upon the required accessible path.

e.

Permitted display time: Only during business hours and must be removed when the business is closed.

f.

Lighting: Illuminated signs may not be used.

g.

Advertising: May only advertise for goods and services from the adjoining business.

h.

Design compatibility: The design of all signs shall be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity. Sign copy should be simple and concise without excessive description of services or products.

i.

Permit. A sign permit shall be obtained for all A-board signs, consistent with the procedure outlined in Section 9-5.22.02 of this chapter.

j.

The code enforcement officer shall immediately cause the removal of any sign which, in the judgment of the code enforcement officer or the Public Works Director, is found to place citizens in immediate peril, or to be not in compliance with provisions of this section.

2.

Awning sign. An awning sign shall be located on the hanging border of awnings only, and shall be not less than seven (7) feet above the sidewalk line.

3.

Barber pole. A barber pole shall not project more than fourteen (14) inches from the face of the building and the bottom portion shall be not less than eight (8) feet above the ground or sidewalk.

4.

Cut-out sign. A cut-out sign shall conform to the regulations for face signs except that not to exceed twenty-five (25) percent of the horizontal dimension of any such cut-out sign may extend above the roof or parapet line of the building not more than four (4) feet.

5.

Face sign. A face sign, other than a painted sign, shall be located less than ten (10) feet above the sidewalk or ground; no face sign shall project from the face of the building more than eighteen (18) inches, nor extend above the roof line or parapet line of the building.

6.

Fin sign. A fin sign shall not be located less than ten (10) feet above the sidewalk or ground, shall not project more than four (4) feet from the face of the building, or not closer than two (2) feet to the curb line whichever is more restrictive, and shall not extend more than four (4) feet above the roof or parapet wall of the building, and shall have a thickness no more than two (2) feet.

7.

Freestanding sign. A freestanding sign shall be so installed that no part of the sign or structure extends beyond the property line; the advertising surface may be double-faced; the surface of each face shall not exceed seventy-five (75) square feet; the bottom of each surface of any freestanding sign other than a real estate sign shall be at least ten (10) feet above the ground and the top of each surface shall be not more than thirty (30) feet above the ground or property line grade. New freestanding signs shall have a permanently landscaped area and shall be maintained with live plant materials around the base of such signs equal to at least ten (10) percent of the total sign area with a minimum landscaped area of ten (10) square feet. Such signs shall be placed so as not to impede pedestrian or vehicular movement or visibility.

8.

Marquee sign. A marquee sign shall be located approximately parallel to the face of the supporting marquee, shall be located no less than ten (10) feet above the sidewalk or ground, shall not project more than six (6) inches from the face of the supporting marquee, nor shall be within two (2) feet of the perpendicular projections of the curb line, shall not be more than four (4) feet in vertical dimension. No more than one (1) such sign per place of business or street frontage shall be permitted.

9.

Projecting sign. A projecting sign shall be located no less than ten (10) feet above the sidewalk or ground, except as otherwise provided in this chapter, shall project from the face of the building no more than four (4) feet, or no closer than two (2) feet to the curb line whichever is more restrictive, and shall extend above the roof line or parapet wall no more than four (4) feet, and shall be of no greater thickness than two (2) feet.

10.

Roof sign. A roof sign shall not extend from the face of a building more than four (4) feet measured at right angles to the building more than four (4) feet measured at right angles to the street frontage, shall not extend beyond the face of the building when located approximately parallel to the street frontage of the building, shall not extend more than seven (7) feet above that portion of any parapet wall or roof located directly below said sign, except that no portion of the sign shall project above the maximum height requirement of the zone in which it is located, shall not extend across more than seventy-five (75) percent

of any street frontage of the building, shall have a thickness of no more than two (2) feet when erected at right angles to the street frontage.

11.

Monument sign. A sign no larger than thirty (30) square feet in size, the dimension of which shall be no larger than ten (10) feet long, three (3) feet wide and one (1) foot deep, located outside the public right-ofway and on the same premises as the place of business in which the use, service or activity shown on the sign is being conducted. The sign shall not exceed fifty-four (54) inches in height, measured from the top of the curb, across the front of the property on which subject sign is located.

12.

Murals. Murals shall be permitted that contain no advertising copy and that do not function as an advertisement subject to the requirements of Section 9-5.21.25.

(Ord. No. 2015-04, § 2, 5-19-2015)

A.

Name plates or signs not directly lighted, with an aggregate area of not more than twenty (20) square feet.

A.

Name plates or signs not directly lighted, with an aggregate area of not more than twenty (20) square feet pertaining to a permitted use.

B.

Identification signs or other signs appurtenant to a conditional use not to exceed sixty (60) square feet in aggregate area.

A.

Not more than one (1) sign advertising a subdivision under construction and located on the site of the subdivision.

B.

Signs and pennants advertising the sale of lots and tract homes shall be permitted for a period of twentyfour (24) months from the date of beginning construction provided that when seventy-five (75) percent of the lots in the subdivision have been built, all such signs shall be removed.

C.

Size.

1.

For multi-family residences. One (1) monument sign per street frontage not to exceed twenty-four (24) square feet shall be permitted.

2.

For planned unit developments. Signs shall be approved in conjunction with the Conditional Use Permit for a residential planned unit development.

D.

Location. Multi-family development signs may be freestanding or wall-mounted. When freestanding, such signs shall not be less than five (5) feet inside the property line, nor closer than one hundred (100) feet from another freestanding sign on the same parcel. If building-mounted, signs shall be flush-mounted on the wall.

E.

Contents. Single-family dwelling signs shall indicate only the name of the occupant and the address. Multifamily development signs may give the name of the development, the address, and, when vacancies occur, note "units for rent", not to exceed six (6) square feet.

F.

One (1) identification sign not exceeding twelve (12) square feet in area, located flat against a wall and not projecting above the cornice or roof line of a conditional use that does not occupy a structure; provided, that no sign shall be located in or project into a required from, side, or rear yard.

G.

One (1) non-illuminated sign not exceeding four (4) square feet in area located on the premises of a parking lot.

A.

One (1) sign for each entrance to a parking facility shall be permitted provided that said sign shall not exceed one (1) square foot of area for each one (1) lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred (100) square feet in area.

B.

Exit signs, not to exceed six (6) square feet in area shall be permitted at each exit from said parking lot to any abutting street or alley.

A.

Signs identifying occupants, type of use or services rendered on the premises; provided such signs shall be attached to and parallel with the wall of the building, and shall be stationary and non-flashing. All signs relating to any one (1) occupant or business shall not exceed sixty (60) square feet in area in the aggregate.

B.

Other signs as permitted in Article 7 ("R" district).

A.

Any sign allowed in the C-1 district.

B.

Any awning signs, barber poles, cut-out signs, face signs, fin signs, freestanding signs, marquee signs, monument signs, projecting signs and roof signs as defined in this chapter.

C.

Real estate signs for the sale, lease or rental of the property on which they are displayed, not exceeding thirty-two (32) square feet in area, having a vertical dimension of not more than eight (8) feet and extending not more than twelve (12) feet above grade; provided that not more than one (1) such sign shall be permitted on single-owned acreage parcels.

D.

Pennants and flags are permitted for new and used car sales, recreation vehicle and boat sales. The aggregate area in pennants and flags shall not exceed in size the total allowable sign area for a permitted or conditional use.

E.

Upon the granting of a use permit in accordance with the regulations of Article 25:

1.

Directional signs provided that such a sign shall be not greater than twelve (12) square feet in area,

2.

Freestanding signs.

F.

Upon the granting of administrative approval (minor) in accordance with the regulations of Article 24:

A-Board sign.

(Ord. No. 2015-04, § 3, 5-19-2015)

A.

Any sign allowed in the C-2 District, with the following exception;

B.

For free standing signs located in the Fowler Industrial Corridor, between Fresno Street and the southern city boundaries, and between Adams Avenue and the northern city limits, the following regulations shall apply:

1.

Free standing signs shall not exceed seventy-five (75) feet in height.

2.

There shall be no size limitations.

3.

All signs must withstand wind pressures of not less than fifteen (15) pounds per square foot for those portions of the structure less than thirty (30) feet above ground and not less than twenty (20) pounds per square foot for those portions more than thirty (30) feet and less than fifty (50) feet above ground. For those portions of the structure that are greater than fifty (50) above the ground, the sign shall withstand wind pressure of not less than twenty-five (25) pounds per square foot.

4.

Free-standing signs shall not block the motorist's view of another proprietor's free standing sign from a distance of two hundred (200) feet in either direction along a street frontage. The relationship of all proposed signs shall be established by the applicant's submittal of:

a.

A plot plan showing the location of all existing free-standing signs and the proposed sign's location.

b.

Photographs of the proposed location taken from an approaching traffic lane at points two hundred (200) feet distant in each direction along the frontage.

c.

A rendering of the proposed sign indicating height, dimensions, and text.

5.

Freestanding area identification signs displaying the names and/or logos of groupings of businesses on separate parcels (commercial, offices, services, or combinations thereof) are permitted. Where a freestanding area identification sign is permitted for a grouping of businesses, the following conditions shall apply:

a.

A listing of all parcels for which the freestanding area identification sign applies shall be submitted and attached to all freestanding sign permits issued in the area to which the parcel listing applies.

b.

Individual parcels within the grouping of businesses may have one (1) freestanding sign that shall be limited to a maximum height of twenty (20) feet and a maximum area of fifty (50) square feet.

c.

Freestanding area identification signs shall not advertise individual services or products. With exception of theater marquees, such freestanding signs shall not include changeable copy signs for special events.

C.

Upon the granting of Administrative Approval (minor) in accordance with the regulations of Article 24:

1.

A-Board sign.

(Ord. No. 2015-04, § 4, 5-19-2015)

9-5.22.14 - Signs Permitted—C-H District

A.

Any sign allowed in the C-2 District, with the following exception:

B.

Signs in excess of twenty (20) feet in height, shall require approval of a conditional use permit in accordance with Article 25.

9-5.22.15 - Signs Permitted—M Districts

A.

Any signs permitted in C districts.

B.

Upon the granting of a conditional use permit in accordance with Article 25:

1.

Directional signs provided that such signs shall be not greater than twelve (12) square feet in area,

2.

Freestanding signs.

A.

Number of Signs. Not more than one (1) freestanding sign shall be erected for any business location; provided however, that any business having an aggregate frontage on a corner lot of more than three hundred (300) feet may erect one freestanding sign for the first three hundred (300) feet and one freestanding sign for each one hundred (100) feet thereafter, and any business having a frontage on an interior lot of more than one hundred fifty (150) feet may erect one freestanding sign for the first one hundred fifty (150) feet and one (1) such sign for each one hundred (100) feet of frontage in excess of one hundred fifty (150) feet.

B.

Gross Area of Signs.

1.

The aggregate area of signs permitted on any building site shall not exceed one and one-half (1½) square feet of display area for each front foot of the structure or portion of the structure wherein the use referred to is conducted. For purposes of calculating the permitted sign area, the term frontage shall include a public entrance to the related occupancy. Separate calculations may be made for front, side and rear entrances and separate signs may be erected on each of these frontages; provided however, that such signs may be only located on the sides of a building with a public entry;

2.

The aggregate area of signs on any site where on the majority of the business is conducted outside a building shall not exceed one (1) square foot of display area for each foot of street frontage of the site, or portion thereof, where on the use referred to is conducted. In the case of sites having frontage and access by customers and/or customer's vehicles on more than one (1) street, the aggregate frontage of the site along all such streets may be used in calculating the permitted display area.

C.

Temporary Signs. Temporary signs of an area not greater than thirty-two (32) square feet may be erected or maintained for a period of not more than ninety (90) days upon approval of the Director and the obtaining of a temporary sign permit from the Building Official, other provisions of this chapter notwithstanding.

D.

Maintenance of Sign Premises. It is unlawful to permit vegetation, rubbish or inflammable material to accumulate within ten (10) feet of any sign.

E.

Obstruction of Fire Escape. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

F.

Traffic Hazard. No sign shall be erected at or near a street in such a manner as to obstruct clear vision, or at any location where the position, shape or color, may obstruct the view of, or be confused with any authorized traffic sign, signal or device, or that uses any word, phrase, symbol or character in such manner as to interfere with or confuse traffic.

G.

Limitation on Sign Contents. The advertising on all signs, except real estate signs, directional signs, and political signs erected after the date of passage of this ordinance shall be limited to:

1.

Identification of the building where on the sign is located;

2.

Identification of the person occupying the premises and the type of business conducted by such person, firm or corporation;

3.

Identification of the product manufactured or sold on the premises.

H.

Movement. A moving sign shall be permitted only in C or M Districts, provided that movement shall be slow (not to exceed ten (10) rpm) and shall not simulate effects obtained by varying the intensity, color, pattern or illumination.

I.

Utility Lines and Easements. No sign or outdoor advertising structure shall be located within a utility easement, or erected or located in a manner that will reduce the vertical or horizontal clearance from communication or energized electric power lines as required by laws, rules and regulations of the State of California and agencies thereof.

J.

Portable Signs. Portable signs, including, but not limited to "A" board, movable freestanding, tire stack, and wind signs, are permitted but shall in no case be placed on a public right-of-way or within thirty (30) feet of a street intersection.

Certain uses, because of their special sign needs or their allowance in several districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall as follows:

(Ord. No. 2021-03, § 1, 9-7-2021)

9-5.22.18 - Temporary Uses

A.

Political Signs.

1.

No person except a duly authorized public official shall erect any sign, outdoor advertising structure or display of any character upon any public property other than a public right-of-way and no such sign, outdoor advertising structure or display shall be erected or maintained within any city street right-of-way without first obtaining approval from the City in writing.

2.

No political signs are permitted within the city street right-of-way.

3.

No political signs shall be erected prior to sixty (60) days before the date of the election to which they pertain.

4.

Each candidate or person/group named on such political sign shall be responsible for the removal of all such signs within six (6) days after the polls close. After that date, the cost of removal of any sign shall be assessed to the candidate or person/group named on the sign.

B.

Banners.

1.

No person shall erect or maintain over, across or above any public street, alley or other public place, any sign or banner for any purpose whatsoever, without first obtaining approval from the City in writing.

2.

Any sign or banner placed across or above any public street, alley or other public place, shall be installed and removed by the City or its agents. Such banner or sign shall be removed within six (6) days of the termination of the event shown on the banner or sign.

C.

Temporary Banners, Posters or Pennants. Temporary banners, posters, or pennants not to exceed in size the total allowable sign area for the lease space. Such signs may be used in conjunction with an event or sale, and may be displayed for twenty-one (21) days maximum, and shall be limited to one (1) such display four (4) separate times a year. A minimum of seven (7) days shall separate such display periods. Such promotional displays shall not list individual product prices and will require written notification given to the Director.

D.

Grand Opening Signs. A-frame signs, I-frame signs, and portable changeable copy signs shall be limited to only one (1) grand opening and a maximum display time of twenty-one (21) days per business, with written

notification given to the Director.

E.

Search Lights. Search lights associated with a special event or grand opening shall be limited to a maximum display time of five (5) days and shall be limited to one (1) such annual display per location, with written notification given to the Director.

A.

Illegal Signs. Every sign in existence at the time this ordinance became effective that was prohibited or illegal at the time of installation, and that does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Signs that are not constructed, maintained, or displayed pursuant to the requirements of this chapter, that are not legal and that are nonconforming, shall be illegal.

B.

Nonconforming Signs. Signs existing at the time this ordinance became effective which were legal at the time of installation but that do not conform to this chapter, shall be a legal nonconforming sign. If such nonconforming sign is abandoned or discontinued, such sign shall be required to conform to the provisions of this chapter. A change of copy or sign face shall not be deemed a discontinuance of use. Any structural alteration to any part of the sign shall be deemed a discontinuance of use. A nonconforming sign shall be made to conform immediately to the provisions of this chapter if:

1.

The owner remodels a nonconforming sign, or expands or enlarges the building or land use upon which the advertising display is located;

2.

The owner relocates a sign;

3.

There is an agreement between the owner and the City for the removal of a sign on a given date;

4.

The sign display is or may become a danger to the public or is unsafe; or

5.

The sign display constitutes a traffic hazard.

C.

Amortization. Nonconforming signs shall, within ten (10) years, be removed or made to conform, except as follows:

1.

Any sign conforming to County laws at the time of annexation to the City and that is made nonconforming or illegal under the provisions of this chapter, shall be removed or brought into conformance within five (5) years after the date it became nonconforming. Any sign that has been declared nonconforming under County laws prior to annexation to the City shall be removed or brought into conformance with this chapter within the time period provided for under the County's law provided the time period is less than five (5) years.

A.

Signs and other advertising structures regulated in this chapter, when found by the Building Official to be unsafe or a menace to the public, or erected in violation of the provisions of this chapter, shall be and constitute a public nuisance and shall be subject to abatement.

B.

Any sign that, because of changes in building or site occupancy or use, does not comply with the requirements of this article, may be maintained for a period not longer than thirty (30) days after which time any such sign shall be in violation of the provisions of this chapter and subject to abatement within a period not exceeding one (1) year.

C.

Any sign or sign structure erected, altered, moved or maintained contrary to the provisions of this chapter, is declared to be unlawful and a public nuisance; and the City shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provide by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign or structure.

ARTICLE 23 - DENSITY BONUS

The purpose of the Density Bonus Ordinance is to contribute to the feasibility of developing lower income housing within the City of Fowler. In accordance with Government Code Section 65915 et seq., the City shall grant to developers who meet all requirements of this chapter, either (1) a density bonus and an additional concession or incentive, unless determined unnecessary for affordability, or (2) provide an incentive or equivalent financial value. The increase in density must be at least twenty-five (25) percent, if requested, over the maximum authorized density.

This ordinance establishes procedures and criteria for use in the consideration of density bonuses for residential rental and ownership housing developments consistent with State Density Bonus Law

requirements.

A.

As used in this article, the following terms shall mean:

Affordable housing means housing costs as defined in Section 50052.5 of the Health and Safety Code, or rents at qualifying levels for lower income or very low income households.

Concession or incentive means any of the following:

a.

A modification of development standards pertaining to building height, open space, lot size requirements, street access, off-street parking, landscaping, fencing, a reduction in setback and square footage requirements, or off-site improvements. Such reduction or modification requirements must exceed the minimum building standards approved in the Health and Safety Code.

b.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if such nonresidential uses are compatible with the housing project and the existing or planned development in the area.

c.

An additional ten (10) percent density bonus.

d.

Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions.

e.

Direct financial incentives that include in order of City priority:

i.

Financial contributions or mortgage financing from the Redevelopment Agency's twenty (20) percent setaside for low and moderate income housing (as available).

ii.

Modification of dedication requirements.

iii.

Waiver or reduction of fees (excluding connection charges).

iv.

Provision of publicly owned land.

Density Bonus means an increase in the number of dwelling units of at least twenty-five (25) percent over the otherwise maximum allowable density pursuant to the more restrictive of either the zoning ordinance or the land use element of the Fowler General Plan. The density bonus shall apply to housing developments of five (5) or more units. The density bonus shall not be included when determining the number of target units to be included within the development.

Equivalent Financial Value refers to the cost to the developer based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus.

Housing Development means one (1) or more groups of projects for residential units constructed according to adopted planning and zoning procedures of the City.

Lower and Very Low Income Households are defined by income limits published by the State Department of Housing and Community Development. This applies to both housing for rent and for sale.

Senior Citizen means a qualifying resident according to the provisions of Section 51.2 of the California Civil Code and is either: (a) a person sixty-two (62) years of age or older, or (b) a person fifty-five (55) years of age or older living in a senior citizen housing development as defined in Section 51.3 of the California Civil Code.

Target Units, or Households means those units that are the subject of the density bonus or incentive provisions as follows:

a.

Twenty (20) percent of the units for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or

b.

Ten (10) percent of the units for very low income households, as defined in Section 50105 of the Health and Safety Code; or

c.

Fifty (50) percent of the units for senior citizens, as defined in Section 51.2 of the Civil Code.

A.

When a housing developer agrees to construct at least, (a) twenty (20) percent of the total units of a housing development for lower income households, or, (b) ten (10) percent of the total units of a housing development for very low income households, or, (c) fifty (50) percent of the total units of a housing development for qualifying seniors, the Council shall either:

1.

Grant a density bonus and at least one (1) concession or incentive, unless the Council makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs.

2.

Provide other incentives of equivalent financial value based upon the land cost per dwelling unit.

B.

The developer shall show that any requested waiver or modification of development or zoning standards is necessary to make the housing units economically feasible.

C.

In all cases where the City denies an additional incentive, it must make written findings that the additional incentive is unnecessary for affordability of the target units.

D.

The density bonus may be allowed as a density transfer within a group of contiguous housing developments under the same ownership. The density bonus units may be permitted in geographic areas of the housing development other than the areas where the target units are to be located.

E.

If a developer agrees to construct both twenty (20) percent of the total units for lower-income households and ten (10) percent of the total units for very low income households, the developer is entitled to only one (1) density bonus and at least one (1) additional concession or incentive although the Council may, at its discretion, grant more than one (1) density bonus.

F.

Units targeted for lower income households shall be affordable at an annual rent that does not exceed thirty (30) percent of eighty (80) percent of area median income. Units targeted for very low income households shall be affordable at an annual rent that does not exceed thirty (30) percent of fifty (50) percent of area median income.

G.

No minimum affordable prices are established for for-sale target units. However, lower or very low income households must be able to afford the target units, taking into consideration any mortgage subsidy programs.

H.

For both rental and for-sale units, the City shall use the income limits published by the State Department of Housing and Community Development in administering the State Density Bonus Law.

I.

To facilitate waiving or modifying development and zoning standards to be granted as an additional incentive, density bonus projects shall be developed as a Planned Unit Development or Precise Plan.

J.

The developer shall agree to and the Council shall ensure continued affordability of all target units for thirty (30) years (or longer if required by construction or mortgage financing, the mortgage insurance program, or the rental subsidy program). If the City makes written findings that additional concessions or incentives are not necessary, but provides only the density bonus, the developer shall agree to and the City of Fowler shall ensure continued affordability for ten (10) years of all target units. If senior housing subject to the density bonus is to be without income limits, then no affordability agreement is necessary.

K.

Any decision of the Council approving a density bonus, incentive or concession shall provide for the execution and recording of a development agreement that ensures the continued affordability of the density bonus units for such periods as may be required by State Law or the Council. Such development agreement shall run with the land and pass to and be binding upon the developer's successors; provided that on termination of the required time periods, the development agreement shall also expire. The development agreement shall set forth the conditions and guidelines to be met in the implementation of the Density Bonus Law requirements. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to make units accessible to the intended target households.

L.

Rejection of any proposed housing development project complying with density bonus provisions as well as with the General Plan, zoning and development policies in effect at the time the application is found complete, must be based on both the following written findings, supported by substantial evidence on record:

1.

The project would have a specific, adverse impact upon public health safety, and

2.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified.

A.

A developer may submit a preliminary proposal for the development of housing pursuant to this article prior to the submittal of any formal entitlement requests. The City shall, within ninety (90) days of receipt of a written proposal, notify the developer in writing of the procedures under which it will comply with this article.

B.

The Director shall provide application forms for developers seeking a density bonus, concession or other incentive under this article. The forms shall require the applicant to provide at least the following information:

1.

Whether the applicant requests a density bonus, development incentive or concession, or both.

2.

Which target household group the housing development or project qualifies for (i.e. lower income, very low income, or senior citizen households).

3.

How the applicant proposes to enforce rental restrictions or sale-price restrictions, and whether said restrictions are proposed to extend for ten (10) years, thirty (30) years or some other term.

4.

Financial information regarding the land acquisition and construction costs of the project that demonstrate that the density bonus, development incentive or concession requested by the applicant is necessary to make the housing units economically feasible.

5.

How the applicant proposes to locate, screen and qualify tenants or buyers to ensure income qualifications are satisfied for all target or density bonus units.

6.

A detailed description of the target units showing the square footage, room sizes, lot coverage, household amenities, and initial rent structure or pricing schedule for each target unit to be constructed in the project.

C.

The completed application shall be filed with the Director at the same time as the entitlement request for the project. An application for project approval under any other provision of this chapter shall be considered incomplete until a duly completed density bonus application described in this section is filed with the Director, along with the applicable application fee.

D.

Except as otherwise provided in this section, the completed application shall be processed pursuant to the procedures for processing a Conditional Use Permit, including application fees.

E.

The Director shall notify the applicant within the ten (10) days of the filing of the application whether the application is complete and accepted.

F.

The City may rely on a third party to independently analyze the financial feasibility of the project in order to determine the necessity of providing additional incentives. The City may charge the applicant direct costs for such third party analysis.

G.

The Commission shall hold a public hearing on the application. Such hearing shall be held in conjunction with consideration of any related entitlement request filed by the applicant. Notwithstanding any other provision of this chapter, the Commission shall not have final approval authority for any project submitted for its review if the applicant has also filed a density bonus application under this section.

H.

The Council shall hold a public hearing on the application to consider the Commission recommendation. Such hearing shall be held in conjunction with consideration of any related entitlement request filed by the applicant. The decision of the Council shall be final.

A.

The Developer/Property Owner shall set aside each month, on completion of the project, the number of units designated for target households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a lower or very low income tenant or a senior citizen.

B.

The target units must be compatible in floor plan, furnishings, and exterior design to non-designated units. Further, the target units must be reasonably dispersed throughout the development.

C.

The Developer/Property Owner must provide the City a yearly accounting of: total units occupied and vacant, total units occupied by lower or very low income households or senior citizens, and the total by which the units set aside fell short of the required number of units (default units). In the event of default, the City shall have access to and inspect all of the records of the developer pertaining to the development. The City shall take whatever action at law or in equity necessary or desirable to enforce the obligations, covenants and agreements of the developer.

If any section, subsection, or clause of this article is declared unlawful, the remaining provisions shall remain in full force and effect.