Chapter 6 — SIGN REGULATIONS

(A) The purpose of this chapter is to regulate signs in the city. Signs have an obvious impact on the character, quality, and economic health of the City of Madera. As a prominent part of the scenery, signs may attract the viewing public, help set the visual tone of the community, and affect the safety of vehicular and pedestrian traffic. This chapter shall prevent the degradation of the visual quality of the city which can result from the proliferation of excessive amounts of signage, poorly designed signage, inappropriately located signage, and/or signage maintained in a hazardous or unsightly fashion. The intent of this chapter is to:

• (1) Advance the economic vitality of the city;

• (2) Improve the character and natural beauty of the community and its various neighborhoods and districts;

• (3) Promote the visibility of businesses through signage;

• (4) Enhance the public’s ability to identify uses and premises without confusion;

• (5) Prevent the proliferation of sign clutter;

• (6) Ensure the safety of pedestrian and vehicular traffic;

• (7) Provide specific instruction for the permitting of signage within the city; and

• (8) Implement the community design objectives expressed in the General Plan’s Vision 2025.

• (B) Signs in the city shall:

• (1) Be of sufficient quality as to enhance rather than detract from the aesthetic value of structures and places;

• (2) Be proportionate to the scale of architecture;

• (3) Be compatible to the environment in which the signage is proposed to be located;

• (4) Be sensibly sized for public view;

• (5) Be commensurate with the purpose of the zone district in which the signage is proposed to be located;

• (6) Provide information as opposed to advertisement; and

• (7) Should never compromise the safety of the public.

• (Ord. 864 C.S., passed 11-4-09)

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

A-FRAME SIGN. A portable sign with advertising messages mounted on one or two surfaces with two edges connected with the other two edges spread so that the two faces read from different directions.

ADVERTISING STRUCTURE. All such structures used as outdoor advertisement, regardless of size and shape, for the purposes of advertising anything, the origin or place of sale or service of which is not on the property with such advertising structure.

ANIMATED SIGN. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.

APARTMENT/MULTIFAMILY IDENTIFICATION SIGN. A sign identifying an apartment or multifamily

building or an apartment or multifamily complex by name and/or address.

AREA OF DESIGNATED SIGNS. See § 10-6.03(G).

BANNER. Any cloth, bunting, plastic, paper, or similar non-rigid material attached to, or appended on or from, any structure, staff, pole, line, or framing upon which there is an advertising message, or which is intended for promotion.

BARBER POLE. A rotating or stationery cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.

BASE OF THE SIGN STRUCTURE. The structural component of a freestanding sign located below the sign face. BILLBOARD. An Advertising Structure. See definition of “Advertising Structure”.

BUSINESS CENTER. A group of contiguous businesses which utilize common access, off-street parking, and/or the center name.

BUSINESS SIGN. A sign which directs attention to a business, major category of products, services, industry, or other activity which is sold, offered, or conducted on the premises upon which such sign is located.

CHANGEABLE COPY SIGN. A permanent sign, or portion of a sign, with a face panel having detachable,

interchangeable individual lettering, which allows the lettering to be removed, altered, and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the message changes more than once per 24hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

CHANGEABLE PANEL SIGN. A permanent sign that allows the face panel, having fixed lettering, to be removed and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the panel changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

COPY. The design of a sign face consisting of letters, colors, patterns, images, and/or similar content. DIRECTIONAL OR INFORMATIONAL SIGN. A sign giving only information and direction to the viewer and containing no advertising message.

DIRECTORY SIGN. A sign or set of similarly designed individual signs, placed or displayed in sequence, to list all or a part of the businesses within a building, business center, or shopping center.

DISPLAY WINDOW. A window area, typically located along the front elevation of a business, and/or in conjunction with a public entrance into the business, which displays merchandise available for purchase within. DISPLAY WINDOWS may or may not include decoration, including seasonal decor, as well as textual elements such as prices and promotional verbiage. A DISPLAY WINDOW shall not function as a marketing window.

EXEMPT SIGN. A sign which is not subject to a sign permit.

FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

FLASHING SIGN. Any sign which is perceived as an intermittent light, flashing light, or changing of color intensity light.

FREESTANDING SIGN. A sign installed upon, or mounted on top of the ground, in a permanent fashion, which sign is self-supporting, not attached to a building. Signs mounted on architecturally integrated extensions of buildings shall not be considered freestanding.

FREEWAY SIGN. An on-site and privately maintained sign that is building mounted or freestanding and is intended to be viewed from a freeway.

FRONTAGE, OCCUPANCY. A single lineal dimension measured horizontally along the front of a building which defines the limits of a particular business or use at that location and which has direct public pedestrian access through an exterior wall.

FRONTAGE, SITE. The length of a site along the street or other principal public thoroughfare, but not including such a length along an alley, watercourse, railroad, or freeway.

GASOLINE PRICE SIGN. An on-premises sign identifying the brand, and/or type, and price of gasoline sold. GOVERNMENTAL OR OTHER SIGNS REQUIRED BY LAW. A sign placed in any area of the city by a governmental entity or private individual or business as required by federal, state, or local laws.

GRAPHICS. All lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.

GROUND SIGN. A freestanding sign. See definition of “Freestanding Sign”.

HEIGHT. The distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. When there is no sidewalk, the grade of roadbed nearest the sign shall be used.

IDENTIFICATION SIGN. A sign which serves to tell only the name, address, and lawful use of the occupant or building upon which the sign is located.

ILLUMINATED SIGN. A sign in which an artificial source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs. INSTITUTIONAL SIGN. A sign identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility.

LEGAL NONCONFORMING SIGN. Any sign which was lawfully erected and maintained and subsequently came within the requirements of an ordinance or amendments to an ordinance with which it did not completely comply. LOGO. The name, symbol, emblem, insignia, or trademark of a company or organization.

MAJOR TENANT. A tenant in a business center leasing a large portion of the leasable space in such center. The minimum size of a major tenant shall be 10,000 square feet.

MANAGER OR OFFICE OF MANAGER SIGN. A sign which identifies the location of the manager or the office of the manager of property.

MANSARD ROOF. A roof having an almost vertical facing on three or more sides on the exterior portion of the roof and an almost horizontally flat roof on the interior portion of the roof.

MARKETING WINDOW. Floor space constructed within a structure that is designed and built to be exclusively used for promotional graphics to be viewed from the exterior of the structure. The space is designed only to provide an interior vestibule from which additional promotional graphics can be employed to attract attention and no access to the space is available to the general public. MARKETING WINDOWS may only display graphical elements and/or photographs representative of the goods and/or services offered within, and should not incorporate any advertising copy. A MARKETING WINDOW shall not function as a display window, as merchandise is not typically a component of marketing window signage.

MARQUEE SIGN. Any sign which is on top, attached to the face, or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles to the face of the building.

MASTER SIGN PROGRAM. A coordinated program of one or more signs for an individual business establishment, business center, or shopping center.

MONUMENT STYLE SIGN. A freestanding sign where the height of the sign is equal to or less than the length of the base of the sign and having a maximum height of ten feet. The area below the sign copy shall be solid from the ground to the lower edge of the copy area.

MURAL. An original work of art hand-painted on a structural wall surface, not intended to advertise, but instead to aesthetically entertain.

OFF-PREMISES SIGN. The same as advertising structure. See definition of “Advertising Structure”.

ON-BUILDING SIGN. A sign attached to, and wholly supported by, the wall of a building.

ON-SITE SIGN. A sign specifically related in its subject matter to the premises on which it is located.

PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

PARKING FACILITY SIGN. A sign placed or displayed in a parking lot to supply information to people using such lot, including information with respect to liability.

PLACED OR DISPLAYED. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed, or made visible in any manner whatsoever.

POLITICAL SIGN. A sign associated with a candidate for an elected office, political party, or ballot measure or which makes a political statement.

PORTABLE SIGN. A sign which is capable of being carried or moved by manual or mechanical means from one location to another.

PROJECTING SIGN. A sign characterized by its attachment at an angle or perpendicular to the face of a building as opposed to being mounted flat on the surface of such building. Any sign which extends 12 inches or more from a building surface shall be considered a PROJECTING SIGN .

PUBLIC ENTRANCE. An entrance into a building recognized as a main or principal entrance. Fire exit only doorways and/or employee only entrances shall not be included as PUBLIC ENTRANCES .

PUBLIC PLACE. Any and all public streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, held and possessed within the public trust.

READER BOARD SIGN. The same as a changeable copy sign. See definition of “Changeable Copy Sign”. REAL ESTATE SIGN. A sign offering developed or undeveloped real property for sale, lease, or rent.

ROOF LINE. A horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.

ROOF SIGN. Any sign erected upon or above the roof line of a building or placed above the apparent flat roof or eaves of a building.

SHOPPING CENTER. A group of commercial establishments planned, generally constructed, and managed as a total entity with employee and customer parking provided on the site under common control or shared under a reciprocal agreement. SHOPPING CENTER is further defined as “major” (50 or more acres or 300,000 square feet or more of total floor area), “community” (ten to 50 acres), and “neighborhood” (up to 15 acres). For the purposes of this chapter, commercial developments shall be classified as shopping centers, rather than business centers, when they are comprised of at least ten businesses/tenants and have a minimum of 50,000 square feet.

is further defined as “major” (50 or more acres or 300,000 square feet or more of total floor area), “community” (ten to 50 acres), and “neighborhood” (up to 15 acres). For the purposes of this chapter, commercial developments shall be classified as shopping centers, rather than business centers, when they are comprised of at least ten businesses/tenants and have a minimum of 50,000 square feet.

SIGN. Any figure, character, outline, delineation, announcement, declaration, demonstration, illustration, emblem, words, numerals, or letters of an attention-attracting display or device painted, illuminated, posted, or affixed on any surface or in a manner used to attract attention to the premises or to advertise or promote the interest of any person, activity, business, or enterprise when the same is placed so that it is clearly visible to the general public from an outof-doors position; provided, however, noncommercial natural floral and plant displays shall not be considered signs in computing the number or area of signs permitted. SIGN shall not include the official flag of the United States of America, the state, or the county, or official notices authorized by a court, public body, or public officer, directional, warning, or information signs authorized by federal, state, county, or municipal authority for public safety, or the official emblem or insignia of a government or public school.

SIGN AREA. The area of a sign encompassed by a maximum of eight connected straight line segments drawn around the extremities of the sign frame or can (if a frame or can is used to support or define the copy background area), or the sign copy background area (if no sign, frame, or can is used), or the sign copy (if no copy background area or frame or can is used).

SIGN CLEARANCE. The vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of the sign.

SIGN FACE. The same as sign area. See definition of “Sign Area”.

SIGN STRUCTURE. Any structure which supports or is capable of supporting any sign. A SIGN STRUCTURE may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.

SITE. An individual parcel or the area within the extreme boundaries of a multiple business or shopping center without regard to the individual lease lines or parcels within such center.

SUBDIVISION DIRECTIONAL SIGN. An off-premise sign providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.

SUBDIVISION IDENTIFICATION SIGN. An on-premise sign advertising developed or undeveloped real property which has been divided into five or more lots, parcels, or units for sale, lease, or rent. (Signs advertising fewer than five such lots shall be treated as “real estate signs.”)

TEMPORARY IDENTIFICATION SIGN. A sign used in place of a permanent identification sign until such time as the permanent sign can be installed. A maximum period of 30 days shall be allowed stating the name of the business only.

TEMPORARY FREESTANDING SIGN. A sign, temporary in nature, which neither satisfies the definition of a freestanding sign or on-building sign, to include, but not limited to, A-frame signs, I-frame signs, stabbers, feathers, waivers, and vehicle signs.

TEMPORARY SIGN. A sign to be displayed for a period not to exceed 14 days (except temporary identification signs).

UNDER-CANOPY SIGN. A sign suspended no lower than seven feet above the public right-of-way under a canopy or awning of a building which sign identifies a business, profession, or industry conducted on the premises by name only.

VEHICLE SIGN. A sign on a vehicle used for the purpose of advertising a business location, a special sale, or the like by any means.

WAVER. An individual or apparatus which is used for the purpose of advertising a business location, a special sale, or the like by any means, with or without a sign, with or without a costume, either on private property or in the public right-of-way.

WALL SIGN. Any sign painted on or attached parallel to the wall facing of a building and projecting not more than 12 inches from the building face. See definition of “On-Building Sign”.

WINDOW SIGN. A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window.

WINDBLOWN DEVICE. A manmade device which visibly moves when blown by the wind, other than flags or banners.

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 892 C.S., passed 1-4-12)

(A) Approval required. No sign shall be constructed, maintained, displayed, or altered within the City except pursuant to a sign permit obtained as provided in this chapter, unless the sign is specifically exempted from the permit requirements. Signs may be erected and maintained in the districts where such structures are permitted after having secured the approval of the location, size, and design of such structure from the Planning Department and Building Department subject to the regulations of this chapter.

(B) Compliance with other codes. The erection or placement of all signs shall meet the requirements of the Public Utilities Commission of the state, the Uniform Sign Code as adopted by the city, the regulations of the Planning Department, and all other relevant federal, state, and local laws and regulations.

(C) Shopping center signs. The sign program for shopping centers shall be approved with the site plan review. The design criteria for all signs to be located within a shopping center or a mall type development shall be approved by the Planning Department, before any individual sign permit application for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

(D) Lighting for exterior illuminated signs. Lighting for exterior illuminated signs shall be so arranged that it does not create a hazardous glare for pedestrians or vehicles, either in a public street or on any private premises. Each sign shall be designed so that illumination does not exceed ten candlepower at a distance of ten feet from the sign.

(E) Lighting. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so located or constructed, nor shall any substance or material be used capable of reflecting light on or into any adjoining or nearby lot, structure, or public right-of-way. When spotlights or floodlights are used to illuminate a sign, the reflector shall be provided with proper shields or glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

(F) Screening light sources. Whenever an illuminated sign is permitted, every part of its light source shall be concealed from view, and the light shall not travel from such light sources straight to the viewer’s eye, but instead shall be visible only from a reflecting or diffusing surface. Exempt from this requirement shall be neon tubing which conforms to division (D) of this section (lighting for exterior illuminated signs) and is included in the calculation of the total permanent sign area. As used in this section, “light source” shall mean a bulb or tube from which light is emitted when the bulb or tube is activated (electronically or otherwise), including, but not limited to, incandescent filament bulbs, electric discharge bulbs, and fluorescent tubes.

(G) Measurement of sign areas.

(1) Wall signs consisting of one or two lines of copy. Wall signs consisting of one or two lines of copy painted on or attached to a building wall where the portion of the wall behind the sign is the same color as the rest of the wall and does not serve as a frame area shall be measured by the smallest regular geometric shape not exceeding eight sides which encompasses each word, emblem, and/or symbol composing the sign. Areas between words in a line and between lines shall not be measured as long as they are reasonably spaced.

(2) Other wall signs. Three lines or more of copy or nonlinear arrangement shall be measured as that area which can be enclosed within the smallest regular geometric shape not exceeding eight sides which encompasses the total message, including the open space between cutout letters, panels, figures, symbols, and/or objects.

(3) Signs which are framed or have distinguishing color background. Signs which are framed or have distinguishing color background shall be measured by taking the entire area of the sign and background, including the framing surface.

(4) Multiple face signs. The area of all faces shall be added together to determine the total sign area. However, double-faced signs may be erected having the allowed sign area on each side of the sign provided that the two faces shall not be positioned at greater than 45 degrees to one another. When the two faces of a sign are positioned at greater than 45 degrees to one another, faces of each side shall be counted individually in determining the total sign area.

(5) Neon tube lighting. Illuminated neon tubing when outlining portions of buildings or windows shall be deemed to have a minimum width of at least six inches in the calculation of sign area. Where an area bordered by such lighting is substantially a closed geometric shape, all the area enclosed shall be considered the sign area. (Ord. 864 C.S., passed 11-4-09)

The signs listed in this section are not subject to the sign permit requirements set forth in this chapter. Exempt signs must still satisfy all other applicable permitting requirements (such as building permits).

(A) Addresses. Street number and/or name signs not exceeding two square feet per sign for single-family or duplex structures and four square feet per sign for all other uses. One sign per street frontage shall be allowed. This shall include signs which identify the location of the office of the manager of the property;

(B) Auto for sale signs. Private party automobile for sale signs, affixed to the interior window(s) of the vehicle for sale when placed in a way to allow safe and sane operation of the vehicle consistent with applicable law, to a

maximum of four square feet total.

(C) Commemorative plaques. Memorial signs and tablets approved under site plan review, building names and/or erection dates when cut into a permanent surface or constructed on noncombustible materials, and religious symbols and similar emblems when submitted with the design of the building and approved under the zoning provisions to a maximum of four square feet;

(D) Community activity signs. On-site signs associated with religious, charitable, cultural, civic, or educational organization not exceeding 16 square feet in size. Such signs shall be temporary and non-illuminated, located on private property only, and shall not create a site visibility hazard;

(E) Construction announcement signs. Signs placed on real property upon which construction is to take place, which signs contain information regarding the individuals and firms directly connected with the construction project, including the name of the contractor, the subcontractors, the real estate licensee, and future tenants. Signs for sites less than two acres shall be limited to a maximum size of 32 square feet (four feet by eight feet). Signs for sites of two acres or greater shall not exceed 128 square feet (eight feet by 16 feet). Such signs shall not be displayed in advance of application for site plan review and/or building permits for the project. Time extensions may be granted by the Planning Director. Construction announcement signs shall be removed within 30 days after the issuance of the certificate of occupancy for a majority of the development;

(F) Credit cards, debit cards, ATM, and association membership. Credit cards accepted, debit cards accepted, ATM availability, and association membership signs when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number;

(G) Directional signs. Signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress. Such signs shall not be counted against the site’s allowed sign area. The size, number, and placement of directional signs may be limited by the Planning Director;

(H) Flags. Flags of any nation, political subdivision, or fraternal or religious organization and those flags determined by the Planning Commission to be of a noncommercial, nonprofit civic character provided the pole height does not exceed 24 feet and the height of the flag is not more than one-fourth the height of the pole. A sign application may be submitted to the Planning Commission for a flagpole higher than 24 feet or a flag which exceeds 1/4 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 Planning Commission;

(I) Informational signs for the safety and convenience of the public. Signs such as “open/closed,” “rest rooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature (“parking in rear,” “drive-in window,” and parking facility signs) may be allowed up to four square feet in area under this section;

(J) Interior signs. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, and which are not visible from any public right-of-way, shall not be subject to the size and location criteria within this chapter. However, signs which require electrical connections or engineered supports shall be required to obtain all required permits. Window signage is not applicable to this exemption;

(K) Murals. When consistent with the purpose and intent of this sign ordinance, and applied to a wall surface with the consent, endorsement, and/or approval of the city, a mural shall not be considered an on-building sign or billboard, and shall be exempt from the provisions of this chapter.

(L) Nonprofit, cultural, and promotion posters. Temporary display posters in connection with nonprofit civic and cultural events and with noncommercial health, welfare, and safety campaigns (such as Red Cross, United Crusade, Heart Fund, performing arts, and the like). Such posters shall be removed within seven days after the termination of the event;

(M) Official signs. Official signs posted pursuant to, and in the discharge of, any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law);

(N) Political signs . Signs associated with a candidate for an elected office, political party, or ballot measure or which make a political statement, not exceeding 32 square feet in area per candidate or issue per site, subject to the following:

(1) Any such sign shall be erected not earlier than the closing date of the filing for candidacy and shall be removed within seven days after such election. However, those candidates who continue as such after the primary election may continue to display their signs until seven days after the applicable subsequent election.

(2) No political or campaign sign shall be attached to trees, fence posts, or utility poles, except on private property where signs may be attached to trees and fence posts with the permission of the property owner.

(3) No political or campaign sign shall be attached and erected on public property or within the public right-ofway.

(4) Political or campaign signs placed upon private property shall not be erected in a manner which, in whole or in part, would create a hazardous condition to pedestrian or traffic alike, either by obstructing the free use of exits; building or site; or by creating visual distraction, whether by color, glare, or representing a traffic control device.

(5) In cases where political or campaign signs are not removed within the specific time period, the city shall cause to be removed those signs which remain, and the cost and expense of such activity shall be paid by the candidate;

(O) Real estate signs. Real estate signs subject to the following:

(1) For sale, rent, or lease. On-site or on-building signs.

(a) Single-family residential and duplex sites: on-site or on-building signs not exceeding four square feet, plus an additional two square foot allowance for real estate rider signs such as Pool & Spa, Owner Financed, Four Bedroom and the like, not to exceed a total sign area of six square feet.

(b) Multiple-family, business, and industrial sites: on-site or on-building signs not exceeding 16 square feet for sites of two acres or less in area. On-site or on-building signs not exceeding 32 square feet for sites of two acres or larger, and one in number per street frontage;

(2) Open house; on-site. On-site or on-building signs, posted between the hours of 10:00 a.m. and 7:00 p.m. daily, not exceeding four square feet per sign and one in number per site or structure; and

(3) Open house; off-site. Open house signs posted between the hours of 10:00 a.m. and 7:00p.m. daily, not exceeding four square feet per sign and one in number in the neighborhood of sales; not to be located in any center median of a public road or in a sidewalk right-of-way; and directional arrows with addresses not exceeding four in number in the neighborhood of sales;

(P) Residential nameplates. A nameplate not exceeding two square feet in area and one in number and displaying only the (1) name of the premises upon which it is displayed; and (2) the name of the owner or lessee of such premises; and (3) the address of such premises. Such nameplates shall be affixed flush to the building in which any home occupation is located and shall not be illuminated;

(Q) Seasonal decorations. Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, such that said seasonal decorations are removed within 14 days after the appurtenant holiday event, and excluding advertising signs disguised as seasonal decorations;

(R) Signs required by law. Signs displayed by private individuals when required by law or regulations of any governmental agency or law; and

(S) Window signs. 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, public rights-of-way or parking for a period not exceeding 30 days. This section is not intended to allow additional permanent signs. Window signs which are painted on, or temporarily affixed to the window surface may cover not more than 60% of any single window or series of windows, nor more than 30% of the entire surface area of available windows, and shall not be so affixed as to block clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of window signs shall not be greater than the permanent onbuilding sign area allowed for the business/use. Window signs which are not covered by the temporary sign provisions, shall only be allowed as permanent signs with the approval of the required sign permit.

• (T) Yard sale signs. Yard sale signs subject to the following:

(1) One on-site sign not to exceed four square feet, posted for no more than two days, and removed no later than one hour after the end of the event.

(2) Up to four off-site direction signs not to exceed two square feet each, posted for no more than two days, and removed no later than one hour after the end of the event.

• (3) All such signs shall be consistent with the provisions of this chapter.

(4) Yard sale signs are not allowed in public places, including the public right-of-way.

(Ord. 864 C.S., passed 11-4-09)

In addition to any sign not specifically in accordance with this chapter, the following signs shall be prohibited:

(A) Signs having one 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 which, 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) which 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 which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like;

(3) Fluorescent colors. Any permanent signs containing florescent colors as all or part of their copy;

(4) Natural despoliation. Signs which are cut, burned, limed, painted, or otherwise marked on a field, tree, rock, or other natural item; and

(5) Changeable copy signs. Signs designed to have changeable copy as a part or all of their copy, except as specifically provided for in § 10-6.13 (Special Use Signs).

(B) Moving signs having one or a combination of the following characteristics:

(1) Flashing of lights, blinking of lights, or changing of color intensity, except those permitted as part of seasonal decorations;

(2) Animation (such as by mechanical movement of parts of the sign, projections on or within the sign, or changes on the shape or content of the sign face), to exclude “time and temperature” devices. This shall include, but is not limited to, flashing, blinking, flickering, moving textual messages, moving, rotating signs, and frames which appear to rotate, except those permitted as part of seasonal decorations;

(3) Windblown devices and/or inflatable signs, whose movement is designed to attract attention, such as pennants, flags, balloons, or other inflated objects, or reflective attachments to sign faces, except those specifically permitted (as temporary signs in § 10-6.09(C), and except those permitted as part of seasonal decorations, or flags which are specifically exempted by § 10-6.09(D) and (E) and § 10-6.10(D) and (E) of this chapter.

(4) Banners, with the exception of those which are specifically permitted by § 10-6.09 and § 10-6.10 of this chapter; and

• (5) Where there is any production of smoke, fog, sound, light, or other substance or matter;

(C) Signs which are portable, A-frame, I-frame signs, “feathers,” and “stabbers”, to include human “waiver” signs, except as permitted for grand openings and going out of business events in § 10-6.09(D) and (E) and § 10-6.10(D) and

• (E) of this chapter;

(D) Obstructive to use or visibility, hazardous locations. No sign shall be erected in any manner which, in whole or in part, would create a hazardous condition to pedestrians or traffic alike, either by obstructing the free use of exits, building or site, or by creating visual distraction, being color, sound, or glare, or representing a traffic control device; and

• (E) Signs in one or more of the following locations:

(1) Within public places. Within any public street, sidewalk, any public accessible parking lot, or right-of-way, unless they shall maintain a minimum clearance of 14 feet above the adjoining grade level and after acquiring an encroachment permit from the city, except marquee signs as defined by this chapter, unless specifically provided for in this chapter;

(2) Roof signs, except mansard roof signs, except those permitted as part of seasonal decorations.

(3) Mansard roof signs. Signs located on the upper one-third of a mansard roof shall be prohibited. Signs located on the lower two-thirds of a mansard roof shall be counted as wall signs. Mansard roofs shall be designed to provide for sign placement in an architecturally integrated fashion per the approval of the Planning Director.

(4) Projecting. Except as provided for in Special Signage Districts of this chapter, signs projecting more than 12 inches from the face of a building shall not be allowed;

(5) Vehicle signs where the primary purpose of the vehicle is general advertising. No vehicle or trailer may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on public or private property or found in the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign and does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (such as delivery service).

(6) Bench signs. Signs located on benches or other similar outdoor furnishings such as, but not limited to, chairs, chaises, outdoor umbrellas, trash cans, and/or awnings;

(7) In storage. Signs may not be located on a premises so as to be visible from beyond the property line after removal, prior to erection, or while in storage; and

(8) Miscellaneous temporary signs and posters. 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. 864 C.S., passed 11-4-09)

(A) Removal. Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for six months or longer, or signs which are abandoned or dilapidated shall be removed from the site. Signs will be considered abandoned or dilapidated where the sign or element of it is excessively weathered, torn, broken, significantly damaged or structurally unsound or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions. For purposes of this chapter, EXCESSIVELY WEATHERED shall mean, including but not limited to, signs where the condition of the paint or structural material has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, fading, dry rot or warping. Removal shall be at the expense of the property owner on which the sign in question is located.

(B) Continued use of abandoned signs. The owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of such sign in its present location, may, within six months after the abandonment, make an application to the Planning Director for an extension of time. Where the sign conforms to all other requirements of the law, and where the owner submits reasonable evidence that he is endeavoring to secure use for the sign (a new tenant for the structure or the arrival of a new product line for the existing tenant), the Planning Director may grant extensions of time. The Planning Director may require the owner, as a condition of the granting of such extension, paint out, obscure, or remove some or all elements of the message or face portion of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance in harmony with the structure to which it is attached, and that this be done within 30 days after the granting of such extension. Failure to do so shall void and nullify any such extension. Signs which are determined by the city to be structurally unsound and dangerous or hazardous to the public safety or welfare shall be removed immediately upon notification by the city. Removal shall be at the expense of the property owner on which the sign in question is located.

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 868 C.S., passed 5-5-10)

This section shall apply to all districts designated by the zoning provisions as residential.

(A) Size.

(1) For single-family residences only. Address signs as allowed for in § 10-6.04.

(2) For multiple-family residences only. One monument sign per street frontage not to exceed one square foot per ten feet of lot frontage with a minimum area of 12 square feet and a maximum area of 24 square feet shall be permitted.

(3) For PD zoned planned developments. Signs shall be approved in conjunction with the Precise Plan for the residential planned development.

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

(C) Contents. Single-family dwelling signs shall indicate only the name of the occupant and the street address. Multiple-family development signs may give the name of the development, the address, and, only when vacancies occur, note “units for rent” (“no vacancy” signs shall not be permitted), not to exceed six square feet.

(D) Illumination. No internal illumination shall be allowed. Non-illuminated signs or external illumination of the sign area only shall be permitted per the review and approval of a sign review application.

(E) Special uses. See Table 1, Special Uses, set forth in § 10-6.13 of this chapter, for the signage (other than identified above) permitted in a residential district.

(Ord. 864 C.S., passed 11-4-09)

This section shall apply to all districts designated by the zoning provision as office professional. This section shall specifically apply to the following zone districts: PO

(A) Residential uses. Signs for residential uses shall be permitted as provided in § 10-6.07 of this chapter.

• (B) Office uses: freestanding signs.

(1) Size and height. Office developments may use one of two optional freestanding sign programs: a single freestanding sign listing the name and address of the office center, or the business in the case of a single business development. The sign area and the sign height shall not exceed those listed in the following table:

TABLE A

Office Development Signs

(2) Location. The location of such signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an office development property or with vehicular traffic or pedestrians.

(3) Number. The allowable number of freestanding signs shall be as follows:

(a) The total face area may be utilized in one sign or be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street corner of the lot. This provision shall be for frontages having 201 feet or greater of the total street frontage and shall be approved by the Planning Director.

(b) When an office building has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site, as permitted by subsection (a) of this section. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four feet in height, eight feet in length, and two feet in width per business. Such low profile signs shall be limited to copy on one side and placed parallel to the street.

(4) Directory signs. There shall be no quantity limits for directory signs located within the interior of a business center when those signs are not viewable from the public right-of-way. For directory signs located along the exterior street frontages of a business center, only one such sign shall be permitted for each approach entrance, or as determined otherwise by the Planning Director when the design, location, shape of the center, or other special circumstances exist and warrant special consideration.

(C) Office uses: on-building identifications signs.

(1) Size. Each business frontage having a public entrance shall be allowed on-building identification signs having an area of one-half square foot per front foot of building lease area, up to 30 square feet of maximum area. Buildings set back 150 feet or more from the street shall be permitted one square foot of sign area per front foot of building lease area, up to 50 square feet.

(2) Location. When approved by the Planning Director, the sign area may be transferred from a frontage with a public entrance to one without a public entrance provided the ratio of signing per lineal foot is not exceeded on any one elevation.

(Ord. 864 C.S., passed 11-4-09)

This section shall apply to all districts designated by the zoning provision as commercial. This section shall specifically apply to the following zone districts: C1, C2, CN, CR, and CH.

(A) Commercial uses: freestanding signs.

(1) Size and height. The sign area of each face and the sign height shall not exceed those areas and height set forth in the following tables:

TABLE B

Individual Businesses

TABLE C

Multiple Businesses Developments

TABLE D

Shopping Centers

approach for a maximum of two. Sign area shall not exceed 100 square feet of sign area per sign, with individual panels of no more than ten square feet. Identification signs shall have a maximum height of 20 feet. Such signs shall be granted for minor tenants within the center, located more than 150 feet from the street the business intends to serve.

(2) Location. The location of such signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the business center or with vehicular street traffic or pedestrians. On corner lots, it is the intent of this section that signs not be placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and business centers shall be centered on the street frontage on which they are placed.

(3) Number. Only one freestanding sign shall be allowed for and upon each street frontage. Without increasing the total freestanding sign allowance for corner parcels, the Planning Director may allow the linear footage of two or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be permitted, subject to the following restrictions:

(a) The height of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed, based on values denoted for the linear footage on that street; and

(b) The combined face area of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed by more than 25%.

(4) Minor tenant directional signs. Shopping centers shall be allowed on-site directional signage for minor tenant identification. The number of directional signs shall not exceed one per main drive. Signs shall not exceed ten square feet of sign area per sign, with individual panels of no more than three square feet. Minor tenant directional signs shall have a maximum height of six feet and should architecturally integrate with the shopping center site. Signs shall be located a minimum of 40 feet from the nearest street property line, and the location shall be subject to approval by the Planning Director. It is not the intent of this section to create additional signs to be viewed from a public right-of-way. (B) Commercial uses: on-building identification signs.

(1) Area allowed for frontages with public entrances. Each business frontage having a public entrance shall be permitted on-building identification signs with the allowable area computed in accordance with Table E as follows: TABLE E

On-Building Signs

• Major tenants having 100,000 square feet or more gross leasable area shall be eligible for additional on-building sign area under special approval by the Planning Director. In such cases, the Planning Director may increase the maximum allowable areas for major tenants set forth in Table E from 150 to 200 square feet where the building entrance setback is located less than or equal to 150 square feet from the nearest street property line; or from 200 to 300 square feet where the building entrance setback is located more than 150 feet from the nearest street property line; whichever applies. Without further increasing the allowed on-building sign area, the Planning Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance.

feet where the building entrance setback is located more than 150 feet from the nearest street property line; whichever applies. Without further increasing the allowed on-building sign area, the Planning Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance.

(2) Area allowed for street frontages without public entrances. Each business occupying the end of a building, having a street frontage without a public entrance, shall be permitted one-half square foot of sign area for each one foot of leased occupancy frontage. The maximum area shall be limited to 25 square feet.

(3) Minimum sign area. Each commercial use which has direct pedestrian access through an exterior building wall which is visible from a public right-of-way shall be allowed at least 25 square feet of building sign area, regardless of building occupancy frontage. Commercial uses having a sole access from the interior of any building or from an enclosed lobby or court shall not be allowed the minimum building wall sign area referred to in this section.

(4) Under canopy signs. Under canopy signs shall be allowed in commercial centers provided they shall not exceed six square feet in sign area, nor shall such sign extend lower than seven feet or higher than ten feet above the area over which it is suspended, and shall be mounted perpendicular to the building face. Such signs shall identify only a business name or profession location in a business center. Only one such sign shall be displayed per frontage with a public entrance.

(5) Transfer of sign area. When approved by the Planning Director, the sign area may be transferred in part or in whole from a frontage with a public entrance to one without a public entrance provided the signs on a given frontage do not exceed the allowable area, as computed in Table E set forth in division (B)(1) of this section.

• (C) Temporary signs. Temporary signs shall be allowed at the following times:

(1) Holiday promotion periods. Within identified holiday periods, temporary promotion signs shall be limited to banners, painted window signs, and/or pennants, not to exceed in size the total allowable on building sign area for the business/use. Such signs may be displayed without a sign permit or prior approval by the city. The allowed holiday promotional display periods are as follows:

• (a) Valentine's Day, and the preceding six days.

• (b) Easter Sunday, and the preceding six days.

• (c) Mother's Day, and the preceding four days.

• (d) Independence Day, and the week (Monday - Sunday) thereof.

• (e) Old Timers Day, and the week (Monday - Sunday) thereof.

• (f) Halloween, and the preceding six days.

• (g) Thanksgiving, the preceding ten days and the following three days.

• (h) Christmas/New Year’s Holiday season (December 1st to December 31st).

(2) Additional promotion periods. In addition to the holiday promotional periods listed above, a business may display banners, painted window signs, pennants, and/or windblown devices/inflatable signs not to exceed in size the total allowable on building sign area for the business/use, during two additional 14 day periods each calendar year. The additional two-week (14 day) periods may be at the discretion of the business owner per the approval of the Planning Department. To display special promotion temporary signs, a business must obtain an approved Temporary Sign Permit from the Planning Department of the city. The application shall indicate the time period and type of display. Such signs may be used in conjunction with an event or sale, and may be displayed for 14 days maximum. Such promotional displays shall not list individual product prices. Special promotion periods may be used in place of a holiday promotion period (overlaid), as long as they do not extend the 14 day maximum period.

(D) Grand opening signs. A business may apply to the Planning Department for a special sign permit for grand opening signage. A-frame signs, I-frame signs and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of 30 days per business, with a written request approved by the Planning Director.

(E) Going out of business. A business may apply to the Planning Department for a special sign permit in order to facilitate the liquidation of inventory for a closing business for a period not to exceed 90 calendar days. Such permit will be allowed only once for any business, with a written request approved by the Planning Director. Change of ownership, change of management, business remodel, or business renovation events are not valid.

(F) Special uses. See Table 1, Special Uses, set forth in § 10-6.13 of this chapter, for the signage (other than identified above) permitted in the commercial district.

(Ord. 864 C.S., passed 11-4-09)

(A) Application. This section shall apply to all districts designated by the zoning provisions as industrial. This section shall specifically apply to the following zone districts: I and IP.

(B) Industrial uses: freestanding signs.

(1) Size and height. The sign area of each face and sign height shall not exceed the areas and height set forth as follows:

TABLE F

Industrial Uses

(2) Location. The location of such signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from a business center or with vehicular traffic or pedestrians.

(3) Number. The total face area may be utilized in one sign or, where specifically approved by the Planning Director, the sign area may be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street frontage of the lot.

• (C) Industrial uses: on-building identification signs.

(1) Area allowed. Each business frontage shall be allowed one square foot of sign area for each linear foot of building frontage up to a maximum of 300 square feet.

(2) Number allowed. The sign area of each business frontage may be utilized in one or more such signs provided the total sign area of all signs on a given frontage does not exceed the allowable.

(D) Grand opening signs. A business may apply for a special sign permit for grand opening signage. A-frame signs, I-frame signs and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of 30 days per business, with a written request approved by the Planning Director.

(E) Going out of business. A business may apply to the Planning Department for a special sign permit in order to facilitate the liquidation of inventory for a closing business for a period not to exceed 90 calendar days. Such permit will be allowed only once for any business, with a written request approved by the Planning Director. Change of ownership, change of management, business remodel, or business renovation events are not valid.

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 868 C.S., passed 5-5-10)

No signage, with the exception of exempt signage per § 10-6.04, is allowed in the U (Unclassified) and RCO (Resource Conservation and Open Space) Zone Districts, except as specifically provided for by a conditional use permit.

(Ord. 846 C.S., passed 11-4-09)

(A) Where design districts are created in the city, which establish special sign regulations for a designated area, the provisions of the design district shall apply where there is a conflict with this chapter.

(B) West Yosemite Overlay District. The protection of the character of the streetscape is the purpose of the WY overlay zone. Signage is to be kept to a minimum to protect the streetscape while allowing for adequate identification. Placement of signs is governed under § 10-6.08 of this chapter except as otherwise specified in this section. The following sign criteria are established:

(1) Ground signs. One non-illuminated double-face ground sign for each parcel subject to the following provisions:

(a) Maximum sign area and dimensions. Ground signs may not exceed eight square feet in area. The message area, including background area, shall not exceed a vertical height of two feet. The maximum sign height shall not exceed four feet above average ground level.

(b) Sign placement. Perpendicular to the street; a minimum of three feet behind sidewalk.

(c) Street number. Every ground sign must incorporate the street number into the message area. Such numbers may not be less than four inches in height and must be compatible with the style of the sign message.

(d) Letters. Routed or raised-wood letter; color is at the option of the applicant/owner.

(2) Wall sign. One wall sign not exceeding three square feet in area for each business at each major business entrance door.

(3) Window sign. Window signage is not allowed.

(4) Directional sign. To encourage maximum use of the off-street parking located at the rear of a parcel, a directional sign not exceeding two square feet shall be provided adjacent to the driveway or in conjunction with the ground sign. The materials shall be compatible with those of the ground sign and the sign height shall not exceed four feet.

(5) Nonconforming signs. Signs which become nonconforming upon application of the West Yosemite zone shall be brought into compliance at the time of any change to the sign other than routine maintenance. (Ord. 864 C.S., passed 11-4-09)

Certain uses, because of their special sign needs or their allowance in residential as well as business or industrial districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall be found in the special use table as follows:

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 892 C.S., passed 1-4-12)

(A) On-site. Temporary on-site signs are allowed, as follows:

(1) Up to 128 square feet in one principal subdivision sign and up to 60 square feet for additional signs at each street entrance to, or within the subdivision, not to exceed a total of five signs for the subdivision. Phases of a single tentative map by a single builder shall be considered as a single subdivision. Prior to the placement of any signs, a sign program shall be submitted to and approved by the Planning Department. Sign approval shall be for a one year period. For each additional year the subdivision is actively being marketed, an annual permit shall be filed.

(2) Model home signs. One per model up to 16 square feet in area.

(3) For a single ten day grand opening period, banners, flags and additional temporary signing shall be allowed on-site as long as they do not create a traffic safety hazard. A written letter must be submitted to the Planning Department notifying the city of the grand opening event.

• (4) Upon payment of a performance deposit, as set by resolution of the City Council, flag poles, flags and banners may be allowed subject to the following standards:

• (a) Flags and poles must be immediately removed when flags are no longer displayed.

• (b) Flags/banners must be removed or replaced when faded or tattered.

• (c) Flag pole heights shall not exceed 30 feet.

• (d) Flags shall not exceed 12 square feet.

• (e) The number of flags/poles shall not exceed 24 plus one per model home. As approved in the subdivision sign program, the flag poles may be grouped.

• (f) Flag poles shall not be located in the public right-of-way.

• (g) Up to three temporary banners may be displayed not to exceed four feet by 20 feet in size.

Failure to comply with these standards shall cause the forfeiture of the performance deposit.

• (B) Off-site. Temporary off-site signs shall be allowed, provided that:

• (1) Signs shall be immediately removed when the subdivision is no longer being actively marketed.

• (2) Signs shall be removed or replaced when damaged or in disrepair.

• (3) Signs shall identify and market specific individual subdivision projects.

• (4) Signs shall be located within a one mile radius from the project it is approved to market.

• (5) Signs shall not be located in the public right-of-way or public easements, except for directional kiosks as authorized by ordinance.

• (6) Signs shall not exceed four feet by eight feet in size.

• (7) Not more than two off-site signs shall be allowed in any geographical direction (north, south, east, and west) up to four signs.

• (8) Signs shall not be located closer than 100 yards from any directional kiosk, as authorized by ordinance.

• (9) Signs shall not be located closer than 100 feet to other temporary off-site subdivision signs.

(C) Permits. All subdivision signs shall require a valid city sign permit, as authorized by ordinance. A complete subdivision signage plan shall be required to be submitted to the Planning Director for review and approval. A performance deposit set by the resolution of the City Council shall be required.

(Ord. 864 C.S., passed 11-4-09)

(A) In addition to any other permits which may be required by the Uniform Codes or Municipal Code, an approved sign review permit shall be required, which may be issued by the Planning Director, for any sign erected, altered, relocated, or reconstructed in any zone district, excepting those exempt per § 10-6.04.

(B) Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, alter, relocate, or reconstruct a sign within the city without first obtaining a sign review permit.

(C) In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property which is the subject of the application, which legal interest shall be one of the following:

• (1) Owner;

• (2) Seller or purchaser under a contract of sale;

• (3) Lessee, limited to the portion being leased and excluding common access drives and common parking areas;

or

• (4) A verified agent of one of such persons (such as a licensed sign contractor).

(D) The application shall be in the number of copies and on the format designated by the Planning Director. All sign review applications shall include the following:

• (1) Completed application form to include all required signatures;

• (2) Payment of the required fee, as set by the City Council;

• (3) Three sets of scaled drawings to include:

• (a) Scaled plot plan of the subject property, identifying the location of all proposed signs;

• (b) Scaled drawings of all proposed signage with sign size(s) calculated;

• (c) Scaled drawings of all building elevations to include all existing and proposed signs; and

• (d) All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of

attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

(E) In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:

• (1) The sign shall be consistent with the purpose and intent of this chapter;

• (2) The sign shall be consistent with the standards, exceptions, and prohibitions set forth in this chapter; and

• (3) The sign’s location and copy shall be best suited for visibility and safety.

(F) The Planning Department shall review all sign review permit applications and shall either approve, approve with modifications, or deny an application in accordance with the requirements of this chapter and any other applicable requirements of federal, state, or local laws. The Planning Director, however, may withhold action on an application until it is reviewed by the Planning Commission if the Director feels there is a potential element of controversy regarding the following factors, which include, but are not limited to: size, color, type, face, shape, or other elements disharmonious, distracting, or incongruous with the site or any surrounding neighborhood.

ws. The Planning Director, however, may withhold action on an application until it is reviewed by the Planning Commission if the Director feels there is a potential element of controversy regarding the following factors, which include, but are not limited to: size, color, type, face, shape, or other elements disharmonious, distracting, or incongruous with the site or any surrounding neighborhood.

(G) In the event of denial, the Planning Department shall provide written notice of a denial to the applicant within five working days after a decision is rendered. The applicant may appeal any decision of the Planning Department to the Planning Commission pursuant to the provisions of § 10-6.18 (Appeals).

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 868 C.S., passed 5-5-10)

(A) Upon determination of the Planning Director, an approved master sign program may be required in conjunction with and as a part of another development entitlement application (discretionary or ministerial). The intent of a requirement for a master sign program is to provide for cohesive, complementary, and proportionate signage that satisfies the purpose and intent of this chapter.

(B) In processing Master Sign Program applications, the submittal requirements of a sign permit shall be adhered to per § 10-6.15(d). Only one sign permit application shall be required for each master sign program.

(C) In all cases, the Master Sign Program shall be at least as restrictive as the provisions and restrictions of this chapter.

(Ord. 864 C.S., passed 11-4-09)

(A) The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Planning Commission. Such appeal shall be filed with the Planning Director within 15 days after the receipt of the notice of such decision. The appeal shall be placed on the agenda of the Commission’s next available regular meeting

after the appeal is filed. The Commission shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Commission shall be final unless appealed to the Council.

(B) The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Council within 15 days after the Commission’s decision. The appeal shall be filed with the City Clerk and shall be placed on the agenda of the Council’s next available regular meeting after the appeal is filed. The Council shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Council shall be final.

(C) The appellant or his authorized representative shall appear in person at the appropriate Planning Commission hearing and/or the Council hearing. If no such appearance is made by the appellant or his or her authorized representative, and no continuance of such hearing has been sought, the appeal shall be automatically denied. (Ord. 864 C.S., passed 11-4-09)

(A) The Planning Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building.

(B) In all cases, consideration of the minor adjustment must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor adjustment, to include justification of the nature of and need for the minor adjustment.

(C) The minor adjustment process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to 25 percent of the allowed sign area. The Planning Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.

(D) The minor adjustment process may not be used for relief from the provisions of § 10-6.05, Prohibited Signs. Relief from those regulations as specified in § 10-6.05 shall be processed as a variance.

(E) The minor adjustment process may be used for:

• (1) Additional area to:

(a) Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;

(b) Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;

(c) Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result;

• (d) Allow a sign compatible with other conforming signs in the vicinity; and

(e) Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.

• (2) Alternative locations.

(a) On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to

the street or parking lot or an exceptional setback;

(b) Lots not fronting on any street. Sign review by the Planning Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and

• (c) Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.

• (3) Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.

• (F) The procedure for a minor adjustment to this chapter is as follows. All minor adjustments for signage shall be referred to the Planning Department for review by the Planning Director, to include:

• (1) A completed application;

• (2) Statement of justification and findings;

• (3) A fee set by the City Council; and

• (4) Three sets of scaled drawings to include:

• (a) Scaled plot plan of the subject property, identifying the location of all proposed signs;

• (b) Scaled drawings of all proposed signage with sign size(s) calculated;

• (c) Scaled drawings of all building elevations to include all existing and proposed signs; and

• (d) All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of

attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

(G) Upon approval of a minor adjustment by the Planning Director, property owners and business operators existing at such time, located adjacent to the affected property or within 300 feet from the location of the sign, shall be notified of the decision, explaining the adjustment and noting the appeal process. The decision shall not take effect until the appeal period ends.

• (H) Appeals for adjustments shall be processed the same as those listed for sign review permits in § 10-6.18.

(I) Any request for variance from the Sign Ordinance of the City of Madera shall adhere to § 10-3.1401 - 10-3.1411 of the Madera Municipal Code.

• (Ord. 864 C.S., passed 11-4-09)

(A) Illegal signs. Every sign in existence on January 1, 2010 and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be a violation of this chapter. Signs which are not constructed, maintained, or displaced pursuant to the requirements of this chapter, and which are not legal, and which are nonconforming shall be illegal, except as follows:

(1) Any sign conforming to county laws at the time the property upon which it is displayed is annexed to the city and which is made non-conforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five years after the date it became non-conforming. Any sign which 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 years;

(2) Any sign of historical significance; where the sign display is within an area listed or eligible for listing on the National Register of Historical Places, or in an area registered as an historical landmark or point of interest, or in an area designated as an historical zone.

(B) Nonconforming signs.

(1) Signs that were in conformance with existing ordinance prior to the adoption, or subsequent amendments, of this chapter, but are inconsistent with the adopted content are considered Legal Nonconforming Signs. As such, they may continue to exist provided that they are not altered, modified, or changed in such a way that would increase the degree of nonconformity. When such modification, alteration or change occurs or is proposed, the sign shall be brought into compliance with the standards of this chapter, and shall be permitted under the specifications of this chapter. Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the owner thereof.

• (2) A legal nonconforming sign shall be made to conform immediately to the provisions of this chapter if/when:

• (a) The sign is destroyed or damaged to an extent in excess of 50% of its estimated value. The sign shall not be replaced or repaired except by a sign which conforms to the provisions of this chapter;

• (b) The owner relocates the sign;

• (c) There is an agreement between the owner and the city for the removal of a sign on a given date;

• (d) The use of the sign is discontinued for over 180 days, at which such time the sign shall be removed within

• 30 days, unless within that period of time it is made to conform;

• (e) The sign display is or may become a danger to the public or is unsafe; or

• (f) The sign display constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the city or county.

• (Ord. 864 C.S., passed 11-4-09)

• (A) Signs in violation. Signs determined to be in violation of this chapter are declared to be a public nuisance.

• (B) Enforcement. Enforcement of this chapter shall be consistent with § 10-3.1603 of the Madera Municipal Code. (Ord. 864 C.S., passed 11-4-09)