Shafter Zoning Code § 14.20 Administration (CA)

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.

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.

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.

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.

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.

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.

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.

Enforcement

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