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SIGN REGULATIONS

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1. Signs are an essential element of any community. They contribute significantly to its visual quality, thus influencing perceptions of that community. In communities where there has been an uncontrolled proliferation of signs, the result has often been clutter, confusion and visual blight to the detriment of that community’s image, and to its economic development. However, under proper regulation, signs may be designed and displayed to effectively convey their intended message and to help create a community which is well-organized and visually appealing.

2. It is the intent of this Chapter to control proposed and existing signs in the City in order to protect its physical and economic environment, to implement the policies of the General Plan, and to promote public health, safety and general welfare.

   • a. General Objectives

The provisions of this Chapter are intended to:

• (1) Ensure that signs serve primarily to identify an establishment on a site and to direct persons to various activities and enterprises in order to provide for maximum public convenience;

• (2) Ensure that signs are compatible and harmonious with their surroundings and adjacent land uses;

• (3) Ensure that signs are expressive of the identity of the individual properties and of the community as a whole;

• (4) Avoid traffic hazards by minimizing visual competition among signs and by providing clear identification of businesses;

• (5) Encourage signs which are well designed and attractive in appearance and provide incentives and latitude for variety, innovation, pleasing design relationships, and spacing; and

• (6) Provide criteria for signs to insure the development of a high quality visual environment.

1. Compliance Required

   • a. No person, business, organization or entity of any kind whatsoever shall place, erect or maintain or cause or allow to be placed, erected or maintained any sign or sign structure, contrary to or in violation of any of the provisions of this Chapter.

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b. Any sign or sign structure which is being displayed or is being poorly maintained in violation of the provisions of this Title, shall be taken down, removed, or altered to comply with the provisions of this Chapter. It shall be the responsibility of the owner, agent, or person having the beneficial use of the building or structure or land upon which such sign or sign structure may be found to take down, remove or alter the sign or sign structure to comply with the provisions of this Chapter.

2. Sign Permits and Review

a. Permits Required

No sign or sign structure shall be placed, erected or maintained within the City without prior issuance of a sign permit unless such sign is specifically exempted by this Title or by other City Ordinance. Building and electrical permits may also be required. Signs or sign structures placed, erected, or maintained without all required permits, and not exempted by this Title or by other City Ordinance, shall be deemed illegal.

b. Permit Applications

Applications for sign permits or for approval of Planned Sign Programs shall be made on forms provided by the Planning Director and shall be accompanied by plans and exhibits as required. Upon receipt of a sign application, the Planning Director shall inform the applicant as to the completeness of the submittal and of additional materials required, if any. No sign application shall be forwarded to the appropriate reviewing authority for approval, approval subject to modifications, or denial, until the applicant has submitted a complete application.

c. Permit Exemptions

The following signs shall be exempt from regulation under this ordinance:

• (1) Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. The City has a compelling interest in permitting such signs in order to comply with state and local laws, promote public safety and promote public awareness of issues affecting the public health, safety and welfare.

• (2) Street identification signs in compliance with applicable federal, state, or local law, regulation, or ordinance. The City has a compelling interest in permitting such signs in order to comply with state and local laws, promote the identification of property to guide emergency response personnel and promote public safety.

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• (3) Traffic control signs such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort. The City has a compelling interest in permitting such signs in order to comply with state and local laws, promote the identification of property to guide emergency response personnel and promote public safety.

  • (4) Temporary signs placed by or on behalf of the City as set forth by Resolution No. 1582 of the City Council.

• d. Review and Decision

The reviewing authority shall determine if the proposed sign or Planned Sign Program conforms to the provisions of this Chapter and shall accordingly approve, approve subject to modifications and/or conditions, or deny the sign application.

3. Written Authorization

Written authorization shall be required from the owner or authorized agent of the premises prior to placing, erecting or maintaining a sign or sign structure on any property.

4. Review Responsibilities

   • a. Planning Director

The following signs shall be reviewed by the Planning Director:

• (1) All initial Planned Sign Programs.

• (2) Free-standing directional signs (e.g. parking lot entry signs) over four (4) square feet in area and four (4) feet in height.

• (3) Any sign requiring a sign permit as required by the provisions of this Title.

• b. Planning Commission

Generally, the following signs shall be reviewed by the Planning Commission:

• (1) Sign variances.

• (2) Where signage is part of a development application requiring Planning Commission review.

5. Interpretations

In all sign applications, where a matter of interpretation arises, the more specific definition or the more rigorous standard shall prevail. Whenever the

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Planning Director determines that the application of any provision for this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination.

6.

Appeals

Appeals to decisions regarding signs shall be filed and reviewed pursuant to the provisions of Section 2.180 of this Title except that the Planning Commission shall consider appeals of all staff decisions upon receipt of any such appeal.

7. Variances

Variances from the requirements of this Chapter shall be in accordance with the provisions of Section 2.60 of this Title. In addition to the findings specified in Section 2.60, the following additional findings shall be made prior to approving a variance for signs.

• a. The site has a unique character or features that cause visibility problems, thus causing undue economic burden or business hardship; and

• b. No other proposed signing alternative or design would be feasible or would provide reasonable signage in accordance with this Chapter; and

• c. The proposed sign does not create a traffic hazard; and

• d. The proposed sign does not create a visual blight to the community; and

• e. The proposed sign does not adversely affect adjacent properties; and

• f. The proposed sign is in compliance with the provisions of this Title in regard to regulations apart from those imposed by this Chapter.

8. Illegal Signs

   • a. The following signs and sign structures shall be considered illegal:

     • (1) Unsafe Signs or Sign Structures

A sign or sign structure shall be deemed unsafe if determined by the Building Official to be a danger or to create a potential hazard to the public.

• (2) Abandoned Signs and Sign Structures

A sign or sign structure which, for a period of one hundred and eighty (180) days or more, does not advertise or identify an ongoing business, business product, or service available on or

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off the premise where the sign or sign structure is located, shall be deemed abandoned.

• (3) Illegally Erected Signs and Sign Structures

A sign or sign structure shall be illegally erected if it violates any provision of this Chapter including but not limited to, a sign or sign structure which does not have required permits, or a sign or sign structure which has been erected without first complying with all ordinances and regulations in effect at its time of construction and erection or use. No sign or sign structure that was placed or erected in violation of any previously existing sign ordinances or regulations, by virtue of adoption of this Chapter, shall become conforming or legal.

• b. All illegal signs and sign structures are hereby deemed to be nuisances.

9. Prohibited Signs and Sign Structures

The following types of signs are prohibited in the City:

• a. Signs or sign structures having any animated, moving or rotating parts, except for signs or sign structures which have historical marketing significance unique to a profession, rather than an individual business, such as barber poles, including signs that have alternating messages that change more than once an hour. Notwithstanding the above, time and temperature displays may be permitted in Commercial and Employment zone districts.

• b. Flashing or otherwise light-animated signs which contain or are illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.

• c.

  • Signs which make sounds.

• d. Signs or sign structures which by color, wording, design, location or illustration resemble, obscure, imitate, or otherwise limit the effectiveness of traffic control signs or devices.

• e. Signs or sign structures which create a potential safety hazard by obscuring a clear view of pedestrian or vehicular traffic.

• f. Balloons and/or other inflatables, tethered or not, used to draw attention to a use or event, unless expressly permitted in this Chapter.

• g. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, temporary or permanent, unless expressly permitted in this Chapter.

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• h. Moveable or portable signs or sign structures, including signs attached to or painted on trailers or vehicles parked on public or private property for the purpose of gaining unauthorized sign area.

  • i. Signs or sign structures drawn or painted onto or otherwise affixed to trees or rocks.

  • j. Building-mounted signs or sign structures placed on or above the eave line of a pitched or mansard roof, or above the top of a wall of a building with a flat or parapet roof.

  • k. Off-site advertising signs and displays.

  • l. Signs or sign structures placed within, on, or over public right-of-way, on public land, or on any structure within, on, or over a public right-ofway, or public land, including but not limited to utility poles, fences, or trees shall be prohibited.

  • m. Any sign or sign structure not specifically permitted in this Chapter.

  • n. Any sign which projects more than 12 inches from a building wall.

10. Enforcement

It shall be the duty and authority of the Code Enforcement Officer to enforce the provisions of this Chapter.

The following design criteria shall be used by the reviewing authority in order to determine if a proposed sign is consistent with the intent of this Chapter and with the policies of the General Plan.

1. Identification

Major identification signs shall serve primarily to identify the name or type of business or other land use.

2. Architectural Context

Sign design shall harmonize with the architectural design and details of the building it serves, with other signs on the building, with the building’s surroundings, and with the business or other activity that the sign identifies. Further, signs shall not cover or obstruct significant architectural elements.

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3. Design Elements

The following design elements shall be addressed:

• a. Materials

Creativity in use of materials is encouraged. Durable materials which are compatible in appearance with the building supporting or identified by the sign shall be used.

b. Colors

Sign colors should harmonize with the building it serves and with adjacent landscaping and buildings.

• c. Letter Style

Simple lettering styles should be used for ease of identification. Legibility should take priority over complexity in the design of the sign face.

• d. Illumination

Illuminated signs shall be lighted to the minimum level required to ensure adequate nighttime readability. Specific illumination levels shall be in accordance with this Title.

e. Landscaping

Freestanding signs shall be located in a landscaped area, flanking all sides of the sign, which is of a shape, design and size equal to at least the area of the sign face and that is in scale with the overall proportions of the sign and its support structures.

• f. Signs should not detract from the visibility of other signs on or adjacent to the site where the sign is placed.

• g. Registered trademarks may be permitted as design elements.

4. Sign Area Measurement

For the purposes of this Chapter, sign size shall mean the sign area. Such area shall be more specifically defined as follows:

• a. Sign Area

Sign size or area shall be defined as the entire area of the sign face, including non-structural perimeter trim and excluding architectural detailing, support structures, and/or uprights on which the sign is supported.

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b. Window Signs

“Window area” shall be computed by calculating each window pane or panel. The area shall be separate for each building face and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

c. Building-Mounted and Wall Signs with Individual Letters

The area of building-mounted or wall signs composed of individual letters affixed to a building or wall shall be considered to be the aggregate area within a maximum of three (3) rectangular figures which enclose and connect the extreme limits of up to three message areas consisting of any writing, representation, emblem or any figure or similar character.

d. Wall Sign Panel

If a sign panel is inserted into or onto a wall, the area of the panel shall be considered to be the sign area.

e. Double-Faced Signs

If a sign has sign faces which are placed back to back, no more than two feet from one another, its sign area shall be considered to be the area of the larger face if the two faces are of unequal area. If, for example, the maximum permitted sign area is twenty (20) square feet, a double-faced sign may have an area of twenty (20) square feet on each face.

f. Three-Dimensional Signs

If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is five (5) square feet.

g. V-Shaped Signs

If a sign is “V”-shaped, with an angle between the two (2) adjoining faces, its sign area shall be the sum of the areas of the two (2) sign faces.

h. Separated-Panel Signs

The sign area of separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

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i. Signs Painted on Buildings

Any sign painted on a building shall be included in the calculation of the total sign area for the site upon which it is placed.

5. Sign Height Measurement

a. Free-Standing Signs

Sign height for free-standing signs shall mean the greatest vertical distance, between the top of the sign, including any accompanying architectural features of the sign, and the average elevation as measured at the roadbed of the nearest street.

6. Sign Location

a. By District

Signs shall be located in accordance with the provisions for each land use district, type of development, or type of sign, as designated in Table 14.A of this Chapter.

b. No Off-Site Signs

All signs shall be located on the same premises as the land use or activity identified by the sign, unless the provisions of this Chapter expressly permit the off-site location of a sign.

c. Utility Lines

No sign shall be located closer to overhead utility lines than the distance prescribed by California law, or by the rules duly promulgated by agencies of the State, or by the applicable public utility.

d. Traffic Safety

No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

e. Public Right-of-Way

No sign shall be located within, over, or across a public right-of-way except as expressly permitted in Section 14.20.9.m. of this Chapter.

7. Sign Illumination

a. Illumination Levels

The sign permittee shall be required to adjust a sign’s illumination level if it is determined to be excessive as the result of the City’s evaluation. Illumination shall be considered excessive if it is substantially greater than the illumination of other nearby signs, if it interferes with the

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visibility of other signs or with the perception of objects or buildings in the vicinity of the sign, if it directs glare toward streets or motorists, or if it adversely impacts nearby residences or neighborhoods. The maximum illumination level for fluorescent lamps shall be 430 milliamperes. Illumination levels shall be indicated on the sign plan.

b. Externally Illuminated Signs

The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties. Externally Illuminated signs shall be subject to illumination level review.

8. Sign Maintenance

Every sign and sign structure within the City shall be maintained in good, safe structural and physical condition. All signs, together with supports, braces, guys, anchors, and electrical components, shall be kept in safe, presentable and good structural condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Building Official may order the repair or removal of any sign determined by the Building Official to be unsafe, defective, damaged, or substantially deteriorated.

9. Signs on Vehicles

Signs are allowed on vehicles, without sign permits, when they are painted or attached directly to the vehicle so as to not extend or project beyond the vehicle’s original profile. Signs which are painted on or attached to vehicles must be incidental to the vehicle’s primary purpose of transporting people or goods on the public right-of-way, and the vehicle may not be used primarily for advertising purposes. Signs on vehicles may not include arrows or other directional devices, the purpose of which is to direct those who observe such signs to a particular place of business.

Table 14.A. of this Chapter identifies signs that are permitted in each zone district. In addition to the regulations contained in Table 14.A., all signs must be in conformance with all other provisions of this Title.

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Table 14.A Sign Regulations by Land Use Category

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1 Monument sign may exceed maximum height requirement if approved by Planning Commission.

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1. Permit Required

A temporary Sign Permit, to be issued by the Planning Department, is required for any temporary sign over twelve (12) square feet in size and five (5) feet in height. All temporary signs and banners, regardless of size, may be displayed for a period of time not to exceed thirty (30) days.

• Temporary Signs, General

Temporary signs directing the public to civic, charitable events, political or other non-commercial events that are open to the public shall be permitted for no more than thirty (30) days.

3. Temporary Political Signs

   • a. A Temporary Political sign is defined as any non-commercial sign that indicates any one or a combination of the following:

     • (1) The name and/or picture of an individual seeking election or appointment to a public office.

     • (2) Relates to a forthcoming public election or referendum.

   • b. Placement of all temporary political signs shall comply with the following requirements:

     • (1) The maximum size of individual temporary political signs allowable in any zone district shall be as follows:

       • (a) Single Family Residential - six (6) square feet.

       • (b) Multi-Family Residential - twelve (12) square feet.

       • (c) Commercial, Business Park, or Industrial - thirty-two (32) square feet.

     • (2) Candidates, campaign committees and other persons shall endeavor to place or post temporary political signs no sooner than ninety (90) days before an election. Any such signs shall be removed within fifteen (15) days after an election to which the sign relates.

     • (3) Temporary political signs shall comply with provisions of Section 14.20.9 (Prohibited Signs and Sign Structures), excepting subsection 14.20.9.i of this chapter.

     • (4) Temporary political signs shall be located on private property only. No such sign shall be located in the public right-of-way,

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or on any object located in the public right-of-way including, but not limited to trees, fence-posts, and utility poles.

• (5) No temporary political sign shall be permitted that is in violation of this Chapter.

• (6) No temporary political sign may be placed in a location that hides from view any official traffic control device.

• (7) No sign permit or fee shall be required for temporary political signs.

• (8) Any temporary political sign in violation of this Chapter shall be deemed a nuisance and shall be abated in accordance with Section 14.120 (Violations) of this Chapter and Chapter 1.08 (General Penalty), Title 1 of the Shafter Municipal Code.

4. Residential Real Estate Signs

Real estate signs up to a maximum six (6) square feet in area and, if freestanding, a maximum of five (5) feet in height shall not require a sign permit. One (1) real estate sign shall be permitted per street frontage of a lot. Such signs shall be permitted to remain while property is in escrow but shall be removed when the property referred to is no longer for sale, rent, or lease.

• a. Riders which provide additional information about the property, such as ”Sale Pending, may be attached to the primary sign or sign post as long as the total sign area does not exceed the maximum area allowed.

  • b. Free-standing, on premise, “Open House” signs with a maximum area of three (3) square feet and a maximum height of three (3) feet shall be permitted between the hours of 9:00 a.m. and sundown daily.

  • c. Free-standing, off-premise, directional “Open House” signs with a maximum area of three (3) square feet and a maximum height of three (3) feet shall be permitted between the hours of 9:00 a.m. and sundown daily. Prior to placing such a sign on any property, authorization is required from the owner of the property where the sign is to be located.

  • d. Flags, pennants and banners used in conjunction with the sale, rental or lease of subdivision tracts shall be permitted only until the initial sale of the tract is completed.

• Model Home Signs

On premise signs identifying model home complexes, either building-mounted or free-standing, are permitted, provided such signs do not exceed twenty (20) square feet in size. Sign height, placement, and illumination shall comply with the requirements of the zone district in which said sign is located.

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6. On-Site Construction Announcement Signs

On-site construction announcement signs, including names of architect, contractor, etc., up to a maximum thirty-two (32) square feet in area and, if free-standing, not exceeding six (6) feet in height, shall be permitted without a sign permit. No more than three (3) such signs shall be permitted per parcel. Such signs shall be erected after the issuance of the building permits for the subject properties and shall be removed upon issuance of the first occupancy certificate for the project referred to on the sign.

7. Temporary Posters

Temporary posters pertaining to future limited-term events which will be held within thirty (30) days of the placement of such poster shall be permitted without a sign permit. Such posters may be off-premise. If placed in a window the poster(s) may not exceed fifteen (15) percent aggregate of the area of the window in which they are placed.

8. Temporary Garage/Yard Sale

One double-faced sign, no more than six (6) square feet in area and four (4) feet in height, is permitted without a sign permit. Such signs may be placed only on the premises where the garage/yard sale is being held and shall not be placed on public property or within a public right-of-way. Such sign may be placed twenty-four (24) hours prior to the sale and must be removed immediately following the sale.

9. Temporary Decorative Balloons

   • a. Decorative balloons, limited to twelve (12) per premises and not more than one (1) foot in diameter each, may be permitted in accordance with the provision of this Chapter, provided such balloons contain no reference to any named goods or services nor to any commercial enterprise and do not extend above the roof line of adjacent buildings.

• b. No metallic mylar balloons shall be permitted.

10. Holiday Window Painting

Decorative window painting in connection with a specific holiday is permitted without a sign permit provided that the painting contains no commercial messages. Such painting may remain on the window no more than thirty (30) days, after which all window painting in connection with said holiday must be removed.

11. Temporary window signs, which are displayed upon a window in compliance with the provisions of this Chapter, are permitted in the commercial and employment zone districts; however, no such sign, or combination of signs,

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whether promotional, permanent, or any other type of sign, shall exceed sixty (60) percent of the glazed area of any window.

1. Flags, pennants and banners are subject to the following provisions:

   • a. Shall apply only to businesses customarily conducted in the open.

   • b. Shall not contain advertising copy.

   • c. Shall not exceed twenty (20) feet in height.

   • d. Shall not exceed fifteen (15) square feet in area.

   • e. May be attached to either free-standing or building mounted flagpoles or other supports.

   • f. Shall be restricted to two (2) flags and one (1) flagpole per premise; unless a greater number is approved by the Planning Commission subject to a Planning Commission finding that any additional flags and/or flag poles will be compatible with the architecture and use of surrounding structures and land uses.

   • g. Building-mounted flagpoles shall not extend above the top of the building’s roof.

   • h. Free-standing flagpoles shall not be placed within ten (10) feet of any property line.

2. Sign permits shall be approved by the Planning Director for flags, pennants and banners as follows:

   • a. Flags, pennants and banners may be attached to building mounted flagpoles, free-standing flagpoles or other supports.

   • b. Shall not exceed thirty-two (32) square feet in area.

   • c. Shall not extend above the top of a building for building mounted flagpoles or shall not exceed thirty (30) feet in height for free-standing flagpoles.

3. Flags larger in size and flags on higher free-standing poles than specified in the above Section may be approved by the Planning Commission if the Planning Commission determines that the flags and flagpole will be compatible with the architecture and use of surrounding structures.

4. All other types of flags, pennants and banners as defined in Chapter 1 (Definitions) shall be treated as temporary signs and shall be subject to provisions of Section 14.50. (Temporary Signs) of this Chapter.

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The Planning Director shall review and may issue sign permits for churches, day care centers, nursing homes and similar uses in any land use district as follows:

1. Identification Sign

   • a. One identification sign per street frontage shall be permitted which identifies the main activity and the accessory activity or use on the site. Said sign shall be building mounted or a free standing sign structure.

   • b. The free-standing sign may be permitted if the Planning Director makes any one of the following findings:

     • (1) A free standing sign structure is necessary to provide adequate identification of the institution to motorists.

     • (2) The building is set back from the street or obscured from street view by structures or vegetation such that building mounted signage cannot provide adequate access.

     • (3) The architectural style, materials, or other design elements are such that a building mounted sign is not feasible or would detract from the building’s appearance.

2. Sign Standards

   • a. Building Mounted Signs

     • (1) Shall be a maximum of twenty-four (24) square feet in area for churches and other institutional uses on sites of one (1) acre or less and thirty-two (32) square feet in area for all sites greater than one (1) acre in size.

     • (2) Shall be placed below the eave line of buildings with a pitched or mansard roof and below the top of the wall for buildings with a flat or parapet roof.

   • b. Monument Sign

     • (1) Shall be a maximum of four (4) feet in height and a maximum of twenty-four (24) square feet in area.

3. Attraction Board

   • a. Attraction boards shall provide a means to communicate future events or activities on a site and shall be a maximum of twelve (12) square feet in area for churches and other institutional uses on sites of one (1) acre or less and eighteen (18) square feet in area for all sites greater than one (1) acre in size.

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The Planning Director shall review and may approve a sign permit for a Planned Sign Program for any new business park, industrial complex, shopping center, office complex or retail center as follows:

1. Any building, business park, shopping center or other contiguous group of businesses are eligible for consideration of a Planned Sign Program.

2. No minimum frontage or site size is required.

3. Signs within the Planned Sign Program shall have one or more common design elements, such as colors, materials, illumination, sign type, sign shape, letter size and letter type.

4. The sign program shall specify signs in harmony with the materials, colors, architecture, and other design features of the buildings they identify.

5. The Planning Director may approve a Planned Sign Program upon finding that:

   • a. The signs allowed by the program will not adversely affect other nearby properties.

   • b. It is consistent with the General Plan and the provision of this Title.

   • c. It will not constitute the granting of a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

6. Reviewing Authority

   • a. Initial Planned Sign Programs shall be reviewed by the Planning Director.

   • b. Signs which are consistent with approved Planned Sign Programs shall be reviewed by the Planning Director.

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1. Signs required by law for public safety, or access such as “Exit” or “Fire Escape”, shall be a maximum of two (2) square feet or such other size as required by law and shall not require a sign permit.

2. Signs warning of building, electrical mechanical, or other hazards such as “High Voltage”, shall be a maximum of four (4) square feet or such other size as required by law and shall not require a sign permit.

The following kiosks, on-site subdivision and on-site commercial real estate sign may be permitted in any land use district as follows:

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1. The Planning Director shall review and may approve Temporary Sign Permits for temporary on-site subdivision signs for each main street frontage of the subdivision being subdivided. Signs shall be for the identification of the property being subdivided, price information, and the developer’s name, address and telephone number. Said signs shall comply with the following requirements:

   • a. Shall not exceed thirty-two (32) square feet in area and fifteen (15) feet in height.

   • b. Shall not exceed three (3) such signs for all such phases of any subdivision and shall not be located on interior streets of the subdivision. Three (3) additional signs per builder may be approved by the Planning Director for each merchant builder for residential developments within planned communities and shall be located within the site boundaries of the planned community.

   • c. Shall be removed within ten (10) days from the final initial sales of the subdivision.

   • d. Shall not be illuminated.

2. On-Site Commercial Real Estate Signs may be permitted without a sign permit as follows:

   • a. Shall not exceed thirty-two (32) square feet in area and fifteen (15) feet in height.

   • b. Shall not exceed one (1) per street frontage or a total of three (3) per site.

   • c. Shall be removed within ten (10) days from the final sale or lease of the subject property or building.

   • d. Shall not be illuminated.

3. The City Council shall review and may approve agreements between the City and applicants for Off-Site Business Kiosks and Subdivision Kiosks for the advertising of businesses and subdivisions within the City. The Business and Kiosk Sign Program shall be treated as separate kiosk sign programs. All liabilities, costs and/or expenses arising out of the siting, installation, construction of off-site business or subdivisions kiosks shall be borne by said business or subdivider subject to provisions of any contract entered into between the City and the applicant(s).

   • a. The Planning Director shall review and may approve sign permits for Off-Site Business Kiosks and Subdivision Kiosks subject to approved agreement as follows:

     • (1) May be located either in or out of the public right-of-way.

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  - (2) No business sign panels shall be permitted on subdivision kiosks and no subdivision sign panels shall be permitted on business kiosks. 

  - (3) No kiosk shall contain more than a total of eight (8) business or subdivision sign panels per sign face. 

  - (4) Shall be a maximum of thirty-two (32) square feet in area and fifteen (15) feet in height. 

  - (5) Sign panels shall be no more than nine (9) inches in width and five (5) feet in length.

• (6) Sign panels may include any or all of the following information: name of business or subdivision, business or subdivision logo, no more than three (3) colors and directional arrow.

  - (7) No pennant, flag, banner, streamer or other appurtenance may be affixed to any kiosk. 
  
  - (8) Placement of kiosks shall be subject to approval of the owner of underlying land (i.e. City Engineer for signs within the public right of way) and record owner for all other sites. Written authorization shall be filed with the Planning Director prior to erection of any kiosk sign. 
  
  - (9) Shall be located not less than six hundred (600) feet from an existing kiosk site or previously approved but not erected kiosk site for the same type of kiosk program, e.g. business or subdivision. 
  
  - (10) Shall be located not less than fifty (50) feet from an intersection unless specifically authorized by the City Engineer.
  

4. Off-site real estate signs, advertising the location and sale of a residential subdivision on property other than the location of the subject subdivision, may be permitted upon approval by the City Council subject to, at a minimum, the following requirements:

   • a. The applicant shall, prior to any such approval by the City Council, submit to the Planning Department a detailed description of the location, design, materials, colors, copy, size, and height of any such off-site sign(s).

   • b. The size of the sign shall be a maximum of thirty-two (32) square feet in area and fifteen (15) feet in height.

   • c. No pennant, flag, banner, streamer or other appurtenance may be affixed to any such sign.

   • d. The sign shall be located not less than fifty (50) feet from an intersection unless specifically authorized by the City Engineer.

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• e. Placement of the sign shall be subject to approval of the owner of the underlying land; i.e. the City Engineer for signs within the public rightof-way and the record owner for all other sites.

• f. The sign shall be located not less than 300 feet from an existing offsite sign or an off-site sign previously approved but not yet erected.

14.110

NON-CONFORMING SIGNS

1. Except as otherwise provided in Section 2.28 of this Title, or otherwise regulated by State or Federal law, any sign lawfully in use on the effective date of this Title, but made non-conforming thereby, shall be permitted, as though it were not a non-conforming sign, providing any of the following conditions exist:

   • a. The primary message of the sign relates to the business being conducted on the premises upon which the non-conforming sign is located.

   • b. The size, copy area, or height of the non-conforming sign does not exceed the limits set forth in this Chapter by more than five (5) percent.

   • c. Projection of the non-conforming sign over a public right-of-way does not exceed one (1) foot.

   • d. Not more than fifty (50) percent of the non-conforming sign is destroyed by any means.

• e. The business to which the non-conforming sign applies remains unchanged and under the same ownership.

  • f. The non-conforming sign is kept in a state of good repair, both aesthetically and structurally.

Non-conforming signs that do not comply with any one of the above conditions are not exempted under the provision of Section 14.110.1 of this Chapter and will be subject to the amortization schedule depicted in Section 14.110.2 of this Chapter.

2. Amortization of Non-Conforming Signs

Any sign which is non-conforming to the requirements of this Chapter, except as provided in Section 14.110.1 above, shall either be removed or made to conform to the requirements of this Chapter at the expense of the sign owner within the period of time prescribed herein. The period of time to comply with the provisions of this Chapter shall commence upon the effective date of this Title. Such non-conforming signs may be abated forthwith by the City in a manner consistent with the following schedule:

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Fair Market Value on Effective Date Removal Period Less than $ 499.00 Six Months $ 500. to $1,999.00 One Year $2,000. to $3,999.00 Two Years $4,000. to $5,999.00 Three Years $6,000. to $7,999.00 Four Years $8,000. to $9,999.00 Five Years $10,000. to $14,999.00 Six Years $15,000.00 and over Seven Years

3. Repair of Non-conforming Signs

Alterations or modifications to any non-conforming sign are prohibited, except for structural repair resulting in the same size or shape of the original sign. This provision is not intended to prevent any non-conforming sign to be altered in such a manner that it becomes a legal, conforming sign.

4. Removal and Abatement of Non-conforming Signs

The City may cause written notice, ordering the removal of non-conforming signs or displays, or for their compliance in accordance with the provision of the Section(s) in this Title to be served.

• a. Such notice shall be delivered either in the manner required by law for service of a summons or by first class certified mail, postage prepaid, upon the owner of the property upon which the nonconforming sign to be abated is located, as shown on the latest equalized assessment rolls on file in the office of the County Assessor of Kern County, or to any other parties of interest as may be known to the City.

• b. Such non-conforming signs shall be removed or altered in conformance with the provision of this Chapter within ninety (90) days after receipt of such notice.

14.120

VIOLATIONS

1. No person shall violate any provisions, or fail to comply with any of the requirements of this Title. Unless a different penalty is prescribed for violation of a specific violation of this Chapter, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this Chapter shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person and shall be punishable accordingly.

2. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City as such. Each day such condition continues shall be regarded as a new and separate offense.

3. All remedies herein are stated to be cumulative and non-exclusive.

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