Fowler Municipal Code Ch. 9.185 Sign Regulations

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.

All signs, both permanent and temporary, require a permit prior to being placed or erected, unless specifically exempt from permitting requirements under this Chapter. The permits required under this Chapter are in addition to any other permits, licenses, or other approvals required by local, State, or federal law or regulation.

A. No person shall erect, move, alter, repair, or attach any sign without first obtaining a Sign Permit in accordance with Chapter 9.75 (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. Additional Permits Required. No person shall install or attach any sign or install any electrical wiring or lighting to be used in connection with any sign without first obtaining a building permit.

D. Appeal from Decision. An appeal may be filed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

The following types of signs shall be exempt from the permit requirements of Section 9.185.030 (Permit Requirements).

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 total,

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 one-half (0.5) square foot per window sign and one and one-half (1.5) square feet per hanging sign and a total of four (4) in number.

H. Directional signs located on the site necessary to facilitate circulation within the site or egress and ingress. Each sign shall not be greater than four (4) square feet in size.

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 (0.25) 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 (0.25) 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. Park signs consistent with adopted City standards.

K. 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.

L. 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.

M. 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.

N. 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.

O. 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.

P. 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.

Q. 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 total 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, except for A-frame signs within the FBC district.

D. Snipe signs.

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

F. Pennants, streamers, spinners, ribbons except as provided in Section 9.185.070, Subsection (D) (C-2/FBC Districts) and Section 9.185.100 (Temporary Signs).

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, except as follows:

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, or advertisement of community events shall be permitted, subject to a Major Conditional Use Permit. The area of such signs shall be included when computing the total sign area of a business or site.

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

I. Signs having one (1) or any 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.

A. A-Frame Board Sign. The following standards shall apply to A-frame board signs. A-frame signs shall only be permitted within the FBC district.

1. Sign area (maximum): A width of thirty (30) inches and a height forty-two (42) inches; 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.

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

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

4. 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.

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

6. Lighting: Illuminated signs may not be used.

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

8. 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.

9. Permit. A sign permit shall be obtained for all A-board signs.

10. 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.

B. Awning Sign. An awning sign shall be located on the hanging border of awnings only and shall be not less than eight (8) feet above the sidewalk line.

C. 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.

D. Freestanding Sign. A freestanding sign shall be so installed that no part of the sign or structure extends beyond the property line and shall only be permitted within the HB Overlay, subject to the limitations contained in Section 9.145.040 (Highway Beautification Overlay Zone).

E. 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, and 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.

F. Monument Sign. A sign no larger than twenty-four (24) square feet in size, the dimension of which shall be no larger than six (6) feet long and four (4) feet tall with a maximum depth of one (1) foot. Monument signs shall be located on the same premises as the place of business in which the use, service, or activity shown on the sign is being conducted.

G. Murals. Murals shall mean a display or picture painted directly on an exterior wall of a structure, designed as a decorative or ornamental feature. A mural may not contain text, registered trademarks, logos, or business advertising.

H. Name Plate. Name plates shall be no more than twenty (20) square feet in size.

I. Projecting Sign. A projecting sign shall be located no less than ten (10) feet above the sidewalk or ground, 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, 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.

J. Roof Sign. A roof sign shall not extend more than four (4) 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 percent (75%) of any street frontage of the building, and shall have a thickness of no more than two (2) feet.

K. Wall Sign. Wall signs shall be no more than ten percent (10%) of the building surface area upon which it is placed. No wall 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.

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

B. R and RM Districts.

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

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

3. Size.

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

b. For planned developments. Signs shall be approved in conjunction with the Planned Development for a residential planned unit development.

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

C. C-1 District. All signs relating to any one (1) occupant or business shall not exceed sixty (60) square feet in area in the aggregate.

D. C-2/FBC Districts.

1. Any sign allowed in the C-1 district.

2. Any awning signs, barber poles, marquee signs, monument signs, projecting signs, roof signs, and wall signs as defined in this Chapter.

3. 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.

4. Pennants and flags are permitted for new and used car sales, recreation vehicle and boat sales.

E. C-3 District. Any sign allowed in the C-2 District.

F. M Districts. Any signs permitted in C districts.

A. Gross Area of Signs.

1. The aggregate area of signs permitted on any building site shall not exceed one and one-half (1.5) 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.

B. 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.

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

D. 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.

E. 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.

F. 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, subject to a Major Conditional Use Permit.

G. 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.

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:

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, L-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.

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

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

B. 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.

C. Awning sign means any sign located on an awning.

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

E. 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.

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

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

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

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

J. 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.

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

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

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

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

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

P. 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.

Q. 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.

R. 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.

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

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

U. 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:

1. Advertising media located entirely within an enclosed building;

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

3. The display of official court or public notices;

4. Any sign erected or maintained by a public authority;

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

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

W. 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.

X. 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.

Y. Wall 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.

Z. 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.