1.

Signs are considered to be an essential economic and visual 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.

The general objectives and provisions of this Chapter are intended to:

a.

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;

b.

Ensure that signs are compatible and harmonious with their surroundings and adjacent land uses;

c.

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

d.

Avoid traffic hazards by minimizing visual competition among signs and by providing clear identification of businesses.

e.

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

f.

Provide criteria for signs to ensure the development of a high quality visual environment.

3.

It is the City's policy and intent to regulate all signs in a manner that is consistent with the United States and California Constitutions, and which is content-neutral as to protected noncommercial speech.

4.

Subject to the property owner's approval, a protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure is legal, without consideration of message content. Such substitution of message may be made without any additional approval, permitting or notice to the City. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.

5.

When any parcel, land use or structure has not used all of its permissible sign area for commercial messages, then the unused portion may be employed for the display of signs displaying noncommercial messages. In such cases, a permit is required only if the sign qualifies as a structure that is subject to a building permit under the California Building Code and/or City Ordinance. This allowable message substitution shall not create a right to increase the total amount of signage permitted on a parcel, or for a land use or structure; nor shall it allow the substitution of an off-site commercial message in place of either an on-site commercial message or a noncommercial message.

6.

Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial speech messages. It does not apply to signs displaying noncommercial messages or messages providing directional or other factual information.

(Ord. No. 2013-1263, § 1(Exh. A-1), 6-17-2013)

1.

Compliance Required. 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.

a.

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 Community Development Director and shall be accompanied by plans and exhibits as required. Upon receipt of a sign application, the Community Development 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.

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.

Community Development Director. The following signs shall be reviewed by the Community Development Director:

(1)

All initial Planned Sign Programs.

(2)

Freestanding directional signs (e.g., parking lot entry signs) over four square feet in area and four 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 Community Development 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 20.2.180 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 20.2.60 of this Title. In addition to the findings specified in section 20.2.60, 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 eighty days or more, does not advertise or identify an ongoing business, business product, or service available on or off the premises 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.

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.

Signs or sign structures placed within, on, or over public right-of-way, on public land, or on utility poles, unless an encroachment permit has been approved for such a sign by the City Engineer.

l.

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

m.

Any sign that projects more than twelve 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.

(Ord. No. 2013-1263, § 1(Exh. A-2), 6-17-2013)

The following design criteria shall be used by the Community Development Director in order to determine if a proposed sign is consistent with the intent of this Chapter:

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.

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.

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 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 square feet, a double-faced sign may have an area of twenty square feet on each face.

f.

Three-Dimensional Signs. If a sign has three 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 faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is five square feet.

g.

V-Shaped Signs. If a sign is "V"-shaped, with an angle between the two adjoining faces, its sign area shall be the sum of the areas of the two sign faces.

h.

Separated-Panel Signs. The sign area of separated panel signs (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.

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.

Freestanding Signs. Sign height for freestanding 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 20.14.20.9.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 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 four hundred thirty 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.

10.

Off-Site Advertising Sign Standards.

a.

Zones Permitted. Off-Site advertising signs shall be permitted only within the "GC" (General Commercial), "CRC" (Community Retail Commercial) and "I" (Industrial) zone districts within the City of Delano.

b.

Location of Signs.

(1)

An off-site advertising sign shall only identify a business or organization whose closest property line of the parcel on which the same business or organization is actually located is no more than three thousand feet from the outer edge of the overlay sign district.

(2)

An off-site advertising sign for a business or organization shall be located no more than five hundred feet from the centerline of State Route 99.

(3)

An off-site advertising sign shall be located no closer than five hundred feet to any other off-site advertising sign.

(4)

An off-site advertising sign shall be located no closer than three hundred feet to any other legally established freestanding sign structure, with the exception of permitted "for sale" and construction site signs.

(5)

An off-site advertising sign shall be located no closer than one thousand feet to any residentially-zoned or developed parcel.

c.

Notwithstanding Chapter 20.14.20(9)(j), a sign extending above the roofline or parapet of a structure may be permitted within the overlay sign district in conformance with a Planned Sign Program approved in accordance with Chapter 20.14.80 of this ordinance.

d.

Sign Size. An off-site advertising sign shall not exceed three hundred square feet in area excluding cutouts or extensions provided they do not exceed thirty square feet in area.

e.

Sign Height. An off-site advertising sign shall not exceed a height of forty-five feet, not including any cutouts or extensions as referred to in Subsection 20.14.30(10)(d) above.

f.

Processing. Any proposed off-site advertising sign shall not be permitted except after the submittal of a Planned Sign Program application and its approval by the Community Development Department.

g.

Changeable Copy Displays. Off-site advertising signs containing electronic or mechanical changeable copy or digital displays shall not be permitted.

(Ord. No. 2013-1263, § 1(Exh. A-2), 6-17-2013)

A.

Notwithstanding the provisions of Subsection 20.14.20.9.a above, electronic and mechanical signs that have changeable copy may be allowed in the General Commercial (GC) District and the Community Retail Commercial (CRC) District subject to the approval of a Conditional Use Permit.

The following operational and locational criteria shall be addressed for traffic safety and aesthetics and conditioned in the CUP:

1.

Proposed location and height of the sign with respect to traffic control devices;

2.

Size and height of proposed sign;

3.

Existing and proposed illumination levels;

4.

Length of time between copy changes;

5.

Method of transition between copy changes;

6.

Proximity of sign to residential development;

7.

Cumulative effect of signs with changeable copy in an area or along a street.

B.

Further, the sign may display commercial identification and the advertising of merchandise and services for only those occupants of the parcel on which the sign is to be located. The sign shall not be used as a billboard for advertising off-site businesses, products, services, or events. The sign may display noncommercial messages.

C.

Signs with changeable copy shall not contain moving text or graphics, flashing images or changing colors or illumination within the copy being displayed.

(Ord. No. 2009-1198, § 1, 6-1-2009)

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.

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

(Ord. No. 2009-1195, § 1(Exh. A), 1-12-2009; Ord. No. 2013-1263, § 1(Exh. A-4), 6-17-2013)

1.

Permit Required. A temporary Sign Permit, to be issued by the Community Development Department, is required for any temporary sign over twelve square feet in size and five feet in height. All temporary signs and banners, regardless of size, may be displayed for a period of time not to exceed sixty days, except for noncommercial temporary signs during election periods which shall extend from 12:00 p.m. (noon) sixty days before and 12:00 p.m. (noon) ten days after any general, primary or special election in which any residents of the City of Delano are eligible to vote.

2.

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 sixty days.

3.

Noncommercial Temporary Signs.

a.

Permits: Noncommercial signs, whether on-site or off-site, shall not require the issuance of any permit, unless the sign qualifies as a structure that is subject to a building permit under the California Building Code and/or City Ordinance.

b.

Maximum Size and Height:

(1)

Within agricultural, residential agricultural and single family residential districts, six square feet maximum and four-foot maximum height (freestanding).

(2)

Within multiple-family residential districts, twelve square feet maximum and five-foot maximum height (freestanding.)

(3)

Within commercial, employment and special districts (except Planned Community Development (PD) Districts), thirty-two square feet and six-foot maximum height (freestanding).

c.

No off-site temporary signs containing commercial messages shall be permitted within the City of Delano.

4.

Residential Real Estate Signs. Real estate signs up to a maximum six square feet in area and, if freestanding, a maximum of five feet in height shall not require a sign permit. One 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.

Freestanding, on premises, "Open House" signs with a maximum area of three square feet and a maximum height of three feet shall be permitted between the hours of nine o'clock a.m. and sundown daily.

c.

Freestanding, off-premises, directional "Open House" signs with a maximum area of three square feet and a maximum height of three feet shall be permitted between the hours of nine o'clock 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.

5.

Model Home Signs. On-premises signs identifying model home complexes, either building-mounted or freestanding, are permitted, provided such signs do not exceed twenty square feet in size. Sign height, placement, and illumination shall comply with the requirements of the zone district in which said sign is located.

6.

On-Site Construction Announcement Signs. On-site construction announcement signs, including names of architect, contractor, etc., up to a maximum thirty-two square feet in area and, if freestanding, not exceeding six feet in height, shall be permitted without a sign permit. No more than three 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 days of the placement of such poster, shall be permitted without a sign permit. Such posters may be off-premises. If placed in a window, the poster(s) may not exceed fifteen 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 square feet in area and four 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 hours prior to the sale and must be removed immediately following the sale.

9.

Temporary Decorative Balloons.

a.

Decorative balloons, limited to twelve per premises and not more than one 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 days, after which all window painting in connection with said holiday must be removed.

11.

Temporary Window Signs. Temporary window signs that 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, whether promotional, permanent, or any other type of sign, shall exceed thirty percent of the glazed area of any window.

12.

Temporary Balloon Signs. Temporary balloons may be permitted within the City subject to the following conditions:

a.

Balloon signs shall be used for the purposes of commercial grand openings, development promotions, special events of limited duration, and like occasions.

b.

Each building or business shall be permitted one temporary balloon sign for a maximum of two occasions per calendar year with a maximum duration of fourteen days for each permitted use, or four such occasions, per calendar year, with a maximum duration of seven days for each such permitted use. Hot air balloons shall be permitted for a maximum of one occasion per calendar year, with a maximum duration of three days. Longer durations may be approved by the Planning Commission.

c.

The maximum height of any balloon sign shall not exceed fifty-five feet, measured from ground elevation, and the maximum size of any balloon shall not exceed twenty feet in any dimension. A balloon sign may exceed the maximum dimensional requirement, upon approval of the Planning Commission, provided such balloons maintain a minimum twenty-foot setback from any building and a ten-foot setback from any property line.

d.

Any balloon sign which does not identify or advertise the occupant of a building, lot, or premises, or related to any merchandise or to any business or activity available or being conducted at the building, or business where the sign is located, is prohibited.

e.

All balloon signs shall be securely anchored and erected in conformance with all applicable building, electrical, sign, and fire codes, subject to approval by the Community Development Director.

f.

All hydrogen-type balloons shall be prohibited.

g.

All temporary balloon signs and tie downs shall be constructed of nonconductive electric material.

(Ord. No. 2013-1263, § 1(Exh. A-1), 6-17-2013; Ord. No. 2020-1322, § 1(Exh. 1), 11-2-2020)

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 feet in height.

d.

Shall not exceed fifteen square feet in area.

e.

May be attached to either freestanding or building-mounted flagpoles or other supports.

f.

Shall be restricted to two flags and one flagpole per premises; 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.

Freestanding flagpoles shall not be placed within ten feet of any property line.

2.

Sign permits shall be approved by the Community Development Director for flags, pennants and banners as follows:

a.

Flags, pennants and banners may be attached to building-mounted flagpoles, freestanding flagpoles or other supports.

b.

Shall not exceed thirty-two square feet in area.

c.

Shall not extend above the top of a building for building-mounted flagpoles or shall not exceed thirty feet in height for freestanding flagpoles.

3.

Flags larger in size and flags on higher freestanding 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 20.1 (Definitions) shall be treated as temporary signs and shall be subject to provisions of section 20.14.50. (Temporary Signs) of this Chapter.

The Community Development 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 freestanding sign structure.

b.

The freestanding sign may be permitted if the Community Development Director makes any one of the following findings:

(1)

A freestanding 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 square feet in area for churches and other institutional uses on sites of one acre or less and thirty-two square feet in area for all sites greater than one acre.

(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: Shall be a maximum of four feet in height and a maximum of forty-eight square feet in area.

3.

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

The Community Development 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 Community Development 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 Community Development Director.

b.

Signs, which are consistent with approved Planned Sign Programs, shall be reviewed by the Community Development Director.

1.

Signs required by law for public safety, or access such as "Exit" or "Fire Escape", shall be a maximum of two 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 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:

1.

The Community Development 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 developers name, address and telephone number. Said signs shall comply with the following requirements:

a.

Shall not exceed thirty-two square feet in area and fifteen feet in height.

b.

Shall not exceed three such signs for all such phases of any subdivision and shall not be located on interior streets of the subdivision. Three additional signs per builder may be approved by the Community Development 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 days from the final initial sales of the subdivision.

d.

Shall not be illuminated.

2.

On-Site Commercial Real Estate Signs permitted without a sign permit as follows:

a.

Shall not exceed thirty-two square feet in area and fifteen feet in height.

b.

Shall not exceed one per street frontage or a total of three per site.

c.

Shall be removed within ten days from the final sale or lease of the subject property or building.

d.

Shall not be illuminated.

3.

The Planning Commission 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).

The Community Development Director shall review and may approve sign permits for Off-Site Business Kiosks and Subdivision Kiosks subject to approved agreement as follows:

a.

May be located either in or out of the public right-of-way.

b.

No business sign panels shall be permitted on subdivision kiosks and no subdivision sign panels shall be permitted on business kiosks.

c.

No kiosk shall contain more than a total of eight business or subdivision sign panels per sign face.

d.

Shall be a maximum of thirty-two square feet in area and fifteen feet in height.

e.

Sign panels shall be no more than nine inches in width and five feet in length.

f.

Sign panels may include any or all of the following information: Name of business or subdivision, business or subdivision logo, no more than three colors and directional arrow.

g.

No pennant, flag, banner, streamer or other appurtenance may be affixed to any kiosk.

h.

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 Community Development Director prior to erection of any kiosk sign.

i.

Shall be located not less than six hundred 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.

j.

Shall be located not less than fifty 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 Planning Commission subject to, at a minimum, the following requirements:

a.

The applicant shall, prior to any such approval by the Planning Commission, submit to the Community Development 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 square feet in area and fifteen 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 feet from an intersection unless specifically authorized by the City Engineer.

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 right-of-way and the record owner for all other sites.

f.

The sign shall be located not less than three hundred feet from an existing off-site sign or an off-site sign previously approved but not yet erected.

1.

Except as otherwise provided in section 20.2.120 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 nonconforming thereby, shall be permitted, as though it were not a nonconforming 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 nonconforming sign is located.

b.

The size, copy area, or height of the nonconforming sign does not exceed the limits set forth in this Chapter by more than five percent.

c.

Projection of the nonconforming sign over a public right-of-way does not exceed one foot.

d.

Not more than fifty percent of the nonconforming sign is destroyed by any means.

e.

The business to which the nonconforming sign applies remains unchanged and under the same ownership.

f.

The nonconforming sign is kept in a state of good repair, both aesthetically and structurally. Nonconforming signs that do not comply with any one of the above conditions are not exempted under the provision of section 20.14.110.1 of this Chapter and will be subject to the amortization schedule depicted in section 20.14.110.2 of this Chapter.

2.

Amortization of NonConforming Signs. Any sign, which is nonconforming to the requirements of this Chapter, except, as provided in section 20.14.110.1 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 nonconforming signs may be abated forthwith by the City in a manner consistent with the following schedule:

3.

Repair of Nonconforming Signs. Alterations or modifications to any nonconforming 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 nonconforming sign to be altered in such a manner that it becomes a legal, conforming sign.

4.

Removal and Abatement of Nonconforming Signs. The City may cause written notice, ordering the removal of nonconforming 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 nonconforming signs shall be removed or altered in conformance with the provision of this Chapter within ninety days after receipt of such notice.

1.

Except as otherwise specifically provided in this Chapter, any person violating any provisions or failing to comply with any of the mandated requirements of this Chapter is guilty of a misdemeanor. The general penalty for such misdemeanor shall be as set forth in Section 20.1.50 of this Title.

2.

In addition to the penalties provided in this Title, 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 nonexclusive.