Kerman City Zoning Code

Street and road dedications shall be made to the city in a manner prescribed by the city engineer and consistent with the circulation element of the general plan.

Curbs, gutters, and sidewalks shall be constructed as a condition of all development. Under certain circumstances, an exception may be granted by the city engineer.

Driveways and parking aprons shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the city engineer.

All street improvements shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the city engineer.

Purpose and Applicability. All new development proposed adjacent to any public or private street or alley intersection shall be designed to provide a clear vision triangle for pedestrian and traffic safety.

Measurement of Clear Vision Triangle Area. A clear vision triangle shall be measured as follows:

Obstructions and Height Limit in Clear Vision Triangle. It is unlawful to erect, install, or maintain any structure, fence, wall, hedge, sign, or obstruction higher than three feet above the nearest roadway curb level within the required clear vision triangle.

All solid waste and recycling enclosures associated with new multi-unit residential dwellings, office, industrial, and commercial developments shall be constructed consistent with City Trash Enclosure Standard No. 5 and be screened with landscaping so that they are not visually obtrusive from any off-site location. All new enclosures shall be constructed with a slanted solid roof cover.

The standards established in this section shall not be imposed on properties with existing structures, nor to structures or uses other than as specified in this section, except when new construction occurs thereon. This section shall be the exclusive authority for requiring solid waste and recycling enclosures. "New construction" shall mean construction of a substantial nature of fifty percent or more of existing floor area and not minor repairs, minor additions, or minor demolitions to existing structures.

Height. The maximum height of agricultural accessory structures shall be forty feet.

Setbacks. Agricultural accessory structures shall comply with the following setback standards:

Distance Between Structures. The distance between a structure used for human habitation and a structure used for live-stock shall be thirty feet.

Height. The maximum height of commercial accessory structures shall be the same as the height standard for the zone in which the accessory structure is being located, unless otherwise regulated in this zoning code.

Setbacks. Commercial accessory structures shall comply with the following setback standards, unless otherwise permitted by this zoning code:

Height. The maximum height of industrial accessory structures shall be forty-five feet in the M-1 district and fifty-five feet in the M-2 district.

Setbacks. Industrial accessory structures shall comply with the following setback standards:

Height. The maximum height of residential accessory structures shall be twelve feet, unless otherwise regulated in this zoning code.

Setbacks. Residential accessory structures shall comply with the following setback standards, unless otherwise permitted by this zoning code:

Fences, walls, and hedges shall not exceed forty-two inches in height in front setback area nor seven feet in height in any required rear and side setback areas. Wrought iron fences are allowed up to forty-two inches in the front setback area, provided any support pilasters are a maximum twelve inches wide, do not exceed forty-two inches in height, and are spaced a minimum of six feet apart.

In the RR, R-1, R-2, R-3, and MU zones, in the case of two adjoining or contiguous parcels which have a difference in ground elevation, an additional fence height may be allowed between side or rear setback area for a total height of six feet at the highest finished grade, but in no case exceeding eight feet above the ground level of the lower parcel at the property line; provided, that the portion of any fence permitted extending above six feet shall be designed as to permit adequate air circulation and be permitted by a zoning clearance. This provision shall not be construed to prevent or prohibit shrubs, trees, or other ornamental plantings which are primarily intended or designed for landscaping purposes.

In the CG, CN, CS, PA, M-1, and M-2 zones, fences may be allowed in excess of seven feet in height, subject to the approval of a conditional use permit in compliance with Chapter 17.84 (Conditional Use Permit). Said fence shall not exceed eight feet in height.

Fences shall not be constructed of barbed wire or similar material unless an administrative use permit is first obtained. An administrative use permit may be granted only upon the director finding that extraordinary circumstances requiring the use of barbed wire or similar material apply to the property in question which do not generally apply to property within the city. In no event may an administrative use permit be granted for the use of barbed wire or similar material within three feet of any public right-of-way. The director may require conditions of approval such as appropriate warning signs on the barbed wire or a similarly con-structed fence.

Fences shall be constructed of original material. Fences in residential zones shall not be constructed of chain link, wire mesh, corrugated metal/plastic, or other repurposed material. Chain link fences with privacy slats may be constructed when the fence is not visible from the public right-of-way.

A seven-foot solid block or masonry wall shall be constructed between residential and nonresidential zones, except when the MU zone abuts a residential zone on the rear or side property lines separating the two zones. A block wall between an MU zone and a residential zone may be required to mitigate noise impacts.

A greater height for a solid block or masonry wall may be constructed when deemed necessary by a mitigation measure under a CEQA mitigation monitoring program, approved by the planning commission as part of a planning permit.

Tree Plantings and Vegetation. Tree plantings and vegetation shall be consistent with the city’s regional climate, and landscape design shall be composed of water-efficient landscaping. Specific tree and vegetation species shall be determined at the plan check stage.

Plant Materials. Landscaping may consist of a combination of turf, groundcovers, mulch, shrubs, vines, and trees.

Minimum Replacement Tree Size. The minimum tree size container shall be fifteen gallons.

Replacement Tree Spacing. Replacement trees in compliance with subsection C of this section (Minimum Replacement Tree Size) shall be planted at a ratio of one tree for every twenty-five feet of frontage along a public right-of-way.

Landscape Planters. Landscaped planters shall be surrounded with a six-inch-high concrete curb or a similar type barrier to protect the landscaping from foot and automobile traffic.

Minimum Landscape Area. Front and street-side yards of uses requiring site plan review shall be composed of turf to the extent necessary to comply with MWELO. The balance of the area can be composed of trees, shrubs, groundcover, or hardscape. Consideration should be given to the use of xerophytic (drought tolerant) plants and grasses.

Landscaping Location. The front yard setback area of all new development shall be landscaped with the exception of driveways. In addition, those side and rear yard setback areas, as determined by the director, which are directly visible from public roads, easements, and properties, shall also be landscaped.

General. Artificial turf is allowed in all zones subject to the following standards and comply with the standards established by this chapter.

Locations Allowed. Artificial turf is allowed in the following locations:

Minimum Standards. To be used in the front and street-side setback areas, artificial turf shall comply with the minimum standards for materials, installation, and maintenance.

The use is an allowed use as specified in Chapter 17.10 (Residential Zones);

The deferment is applied for prior to the issuance of a certificate of occupancy by an owner-builder with the intent of personally occupying the residence;

The owner(s) deposits with the city a security deposit of five hundred dollars or as may be established by subsection D of this section; and

The owner(s) pays the deferred landscape agreement fee set pursuant to Section 17.72.030 (Fees).

Purpose and Applicability. To prevent traffic congestion and shortage of on-street parking spaces, off-street parking facilities shall be provided incidental to any new structures and inten-sifications or enlargements of existing uses. Off-street parking facilities shall be laid out in such a manner that they will protect the public safety and insulate surrounding land uses from their impact.

Minimum Parking Standards. This chapter shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum number required.

Uses Not Listed. Where the parking requirements for a land use are not specifically listed in Section 17.28.040 (Number of spaces required), the parking requirements for the use shall be determined by the director. The director shall establish a parking standard based on the operational similarity and parking demand of permitted uses in the zone district.

Combination of Uses. Where there is a combination of principal uses in any one facility, the sum of the parking requirements calculated separately for each of these uses shall be provided unless otherwise indicated.

Fractional Spaces. If the calculation of parking needs results in the requirement for a fraction of a parking space, such a parking space need not be provided unless the fraction exceeds fifty percent.

Seats or Seating Capacity. Where the standards for parking set forth in this chapter are based upon seating capacity, the capacity shall be determined by the actual seating capacity. Where pews or benches will be used, seating capacity will be based on the following: one seat per eighteen inches of pew or bench length and one seat per thirty inches of booth length for dining.

Parking Required On Site. All required parking shall be located on the same parcel or development site as the uses served, except for parking located off site in compliance with Section 17.28.090 (Off-site designated parking).

Change of Occupancy. For a change of occupancy where the parking demand is increased and where no new construction requiring a building permit is anticipated, but a new business license is required, the director shall review the parking requirements of the proposed use and shall require a parking plan, consisting of a scaled site plan showing parking stalls, landscape islands, drainage if applicable, ingress, egress drawn to scale consistent with city parking stall standards, for the director’s review and approval. No new business license shall be issued until the director has approved the parking plan. Copies of the parking plan drawn to scale shall be submitted in digital format to the director for approval. The parking plan shall show the whole property in question and the means of ingress and egress, location of structures, parking spaces, landscaping, and any other proposed facilities. A business license shall be issued once the director finds the parking plan complies with the provisions established in this chapter. If the site is unable to accommodate the necessary parking, the finance director shall deny the business license.

Existing and Nonconforming Parking Facilities. Any structure or use for which parking facilities become substandard by the adoption of this chapter shall be considered a nonconforming use. Such nonconforming use may continue, but no enlargement or expansion of seating capacity or square footage shall be made in such use or structure, unless the required number of parking spaces or parking area as designated by this chapter is provided in addition to all other applicable development standards. Any change of use in an existing structure or parcel that requires more parking space shall provide the additional parking areas required in this chapter.

Common parking facilities may be provided in place of the individual requirements specified in this chapter and shared between the uses they serve provided the total number of off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions of parking requirements established in Section 17.28.070 (Reduction of parking requirements).

When any common parking facility is to occupy a site of ten thousand square feet or more, then the parking requirements as specified in this section for each two or more participating structures or uses may be reduced by not more than ten percent of the total area of the common parking facilities required upon approval of development plans through the site plan review permit.

Shower/Locker Facilities. Developments with one hundred or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees. Maximum reduction: two percent of required parking or five spaces, whichever is greater.

Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (i.e., covered, shaded, near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: two percent of required parking.

Request for Special Review of Parking. Parking reductions exceeding the maximums specified in subsection A or B of this section, or modifications of improvement requirements, may be granted whenever such reduction or modification is considered in conjunction with a review of a permit authorized by this zoning code. The project proponent shall submit with a parking plan and other documentation necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for less parking at the site. The appropriate authority may require the recordation of agreements with the county recorder, prior to issuance of a building permit, which assure that appropriate programs are implemented for the duration of the parking reduction.

Recreational vehicles, boats, and boat trailers shall not be stored within the required front yard of any parcel within a residential zone.

Recreational vehicles exceeding twelve feet in height shall not be parked or stored on a residentially zoned parcel.

Recreational vehicles may be stored within a required rear or side yard subject to the following conditions:

Recreational vehicles shall not be connected, either on a permanent or temporary basis, to any utility services, such as electrical (including extension cords), water, or sewer connections for the purposes of living or sleeping for any period of time, unless explicitly permitted by a planning permit.

Recreational vehicles shall not be stored on any property that does not have a legally permitted residential structure.

Off-street parking spaces shall be designed so that vehicles do not back out into an arterial or collector street.

The parking access area shall provide parking and maneuvering room for motor vehicles and structure or area of land or water.

All parking areas, aisles and access drives shall be surfaced with a minimum of two inches of asphalt concrete surface over a four-inch untreated rock base. The subgrade shall be compacted to a minimum compaction rate of ninety percent.

Asphalt parking facilities shall have a two percent slope (twenty-four inches per one hundred feet) for drainage and shall have concrete drainage gutters.

All landscaped areas that abut a parking facility shall be separated by a concrete curb that is six inches in width and height.

All parking stalls shall be delineated by stripping that is white and has a line width of four inches.

Parking stall dimensions shall be as follows:

Parking facilities which are adjacent to sidewalks shall install wheel stops in each parking stall, to prevent encroachment into the sidewalk space. Parking spaces adjacent to landscaped planters may be shortened by two feet; provided, that the planter is at least five feet wide for each parking aisle and the planter is landscaped in a manner that provides clearance for automobile bumpers. Wheel stops shall not be required in these spaces.

All parking facilities of ten spaces or more shall have landscaped planters. One fifteen-gallon tree shall be planted for every five parking spaces. All landscaped planters shall be provided with an irrigation system and comply with Chapter 17.26 (Landscaping).

No more than forty percent of the street frontage shall be dedicated for parking facilities.

Parking facilities adjacent to residentially zoned properties shall construct a seven-foot solid masonry wall on the property line separating the two properties. A landscaped berm at least four feet tall and not exceeding a slope of thirty percent may be substituted for a masonry wall. When an alley separates a parking facility from a residentially zoned property a wall shall not be required.

Parking facilities for offices that are converted residential dwellings shall be located to the rear of the office when access from the alley is available.

Purpose. The purpose of this chapter is to regulate the size, height, design, location, number, and quality of signs in the city in order to protect the character of neighborhoods; provide a form of communication for businesses; and protect public safety and welfare by precluding signs that are visual obstructions to motorists and/or pedestrians. This chapter shall prevent the degradation of the visual quality of the city which can result from the proliferation of excessive amounts of signage, poorly designed signage, inappropriately located signage, and/or signage maintained in a hazardous or unsightly fashion. The intent of this chapter is to:

Signs in the city shall:

Applicability. The standards of this chapter apply to signs in all zoning districts. Only the signs authorized by this chapter shall be allowed.

Definitions. The following definitions shall apply to this chapter:

Approval Requirements. Except as otherwise noted in this chapter, it is unlawful for any person to erect, construct, or relocate any sign in the city without first obtaining approval from both the planning and building divisions. A building permit shall be required for the construction of any sign except those not required under Title 24 of the California Building Code.

Application Requirements. In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property which is the subject of the application, which legal interest (e.g., owner, seller or purchaser under contract, or lessee) may submit an application to the planning division for processing as follows:

Compliance With Other Codes. The erection or placement of all signs shall meet the requirements of the Public Utilities Commission of the state, the California Building Code as adopted by the city, and all other relevant federal, state, and local laws and regulations.

Shopping Center Signs. The sign program for shopping centers shall be subject to the director’s approval. The design criteria for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit application for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

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

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

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

Measurement of Sign Area.

Murals on privately owned property.

Electronic reader board.

Specific use signs as required under Section 17.30.080.

Construction Site and Subdivision Signs. Temporary construction signs that identify the architects, engineers, contractors, or other individuals or firms that are involved with a construction project. There shall be no more than two signs on the site. These signs shall not exceed thirty-two square feet in area and shall be removed when construction is completed.

Temporary Signs on Property Offered for Sale, Rental, or Lease. Temporary signs are allowed on private property in any zoning district being offered for sale, rental, or lease subject to the following limitations. These signs shall not exceed eight square feet. These signs shall not be erected for more than four days during any one-month period. The sign shall remain only as long as some portion of the property advertised for sale remains unsold, unleased or not rented, or for a period of two years, whichever period is shorter.

Temporary Off-Site Signs. Temporary off-site subdivision and/or signs which advertise the sale, lease, or rental of another property may be erected to direct prospective purchasers to a subdivision that have parcels or homes for sale. These signs shall not be erected for more than four days during any one-month period. Said signs shall not exceed eight square feet.

Window Signs. Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public right-of-way, or parking for a period not exceeding thirty days. This section is not intended to allow additional permanent signs. Window signs which are painted on, or temporarily affixed to, the window surface shall not cover more than sixty percent of any single window or series of windows, nor more than thirty percent of the entire surface area of available windows and shall not be affixed as to block clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of window signs shall not be greater than the permanent on-building sign area allowed for the business/use. Window signs which are not covered by the temporary sign provisions shall only be allowed as permanent signs with the approval of the required sign permit.

Credit Cards, Debit Cards, ATM, and Association Membership. Credit cards accepted, debit cards accepted, ATM availability, and association membership signs when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number.

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

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

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

Signs Required by Law. Signs displayed by private individuals when required by law or regulations of any governmental agency or law.

Political Sign. Political and campaign signs which announce a candidate or political issue shall not exceed thirty-two square feet, or as governed by other applicable state or federal law. Removal shall take place two weeks after the election.

Vehicle Fueling Station Signs. Signs required to be posted at fuel stations pursuant to California Business and Professions Code Sections 13530 et seq.

Nameplate and Address Signs. The following signs are intended to assist emergency response personnel in locating a site:

Internal Signs. Signs within structures that are not visible from any point on the boundary of the premises.

Public and Institutional Signs. Signs erected and maintained by any federal, state, or local governmental agency or that are required to be erected and maintained by any federal, state, or local governmental agency or court or by any federal, state or local law, ordinance or other governmental regulation, including, but not limited to, signs erected by a public utility.

Flags, plaques, and banners.

Integral Signs. Signs which have been built into a structure when the sign has been carved into stone or fixed to the structure using a metal plaque.

Garage Sale Signs. The signs on private property shall be removed within twenty-four hours following the sale date.

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

Signs which may imitate an official traffic sign or signal;

Signs which may hide from view any traffic or street sign or signal;

Portable signs which are portable, A-frame, I-frame signs, "feathers," and "stabbers," to include "waver" signs on public right-of-way, except as permitted under the provisions of this chapter, on private property for seasonal or temporary use;

Off-premises signs, except as permitted under the provisions of this chapter;

Signs which project over a sidewalk less than eight feet above the surface of the sidewalk;

Signs which project over an alley and are less than fifteen feet high;

Flashing or rotating signs;

Roof-mounted signs;

Signs on telephone poles, utility poles, trees within the public right-of-way, street light, and street signs;

Billboards; and

Signs having one or a combination of the following characteristics:

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

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

Obstructive Visibility to Public Safety. Blocking or covering more than thirty-three percent of any window or door with any permanent material shall be prohibited unless specifically permitted by this code. Any application of window film or similar material on any part of a window or door shall allow no less than forty percent visible light transmission.

Within Public Places. Within any public street, sidewalk, any publicly accessible parking lot, or right-of-way, or other publicly owned facility, unless they shall maintain a minimum clearance of fifteen feet above the adjoining grade level and after acquiring an encroachment permit from the city, except marquee signs as defined by this chapter, unless specifically provided for in this chapter.

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

Miscellaneous Temporary Signs and Posters. The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.

Distribution of Handbills and Flyers. The distribution or circulation of any advertising samples, handbills, circulars, booklets, or other notices of commercial advertising on vehicles or public facilities shall be prohibited.

Temporary signs shall be allowed at the following times:

Approval Requirements. An application for a temporary sign permit shall be submitted for review and approval no less than five business days prior to the proposed installation date of the temporary signs. The application shall include a site plan identifying location of signs and scaled drawings of the temporary signs.

Urban Reserve (UR), Open Space, Recreation and Public Facilities (O), and Rural Residential (RR) Zones. These zones shall comply with the following sign standards:

Single-Unit Residential and Multi-Unit Residential Zones. These zones shall comply with the following sign standards:

Professional and Administrative Office Zone (PA). This zone shall comply with the following sign standards:

Neighborhood Commercial Zone (CN). This shall comply with the following sign standards:

General Commercial (CG) and Service Commercial (CS) Zones. The CG and CS zones are allowed freestanding signs, subject to the following provisions:

Light Manufacturing (M-1) and Heavy Manufacturing (M-2) Zones. These zones shall comply with the following sign standards:

Removal. Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for six months or longer, or signs which are abandoned or dilapidated shall be removed from the site. Signs will be considered abandoned or dilapidated where the sign or element of it is excessively weathered, torn, broken, significantly damaged or structurally unsound or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.

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

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

In processing master sign program applications, the submittal requirements of a sign permit shall be adhered to per Section 17.30.020. On-building signs within the master sign program shall be subject to review and permitting by the planning and building division separately.

In all cases, the master sign program shall be at least as restrictive as the provisions and restrictions of this chapter.

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

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

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

A minor deviation may not be used for relief from the provisions of Section 17.30.050 (Prohibited signs). Relief from those regulations as specified in Section 17.30.050 shall be processed as a variance.

A minor deviation may be used for:

Except for signs described in subsection B of this section, any sign which was erected legally prior to the effective date of the adoption of this zoning code shall be deemed a nonconforming use. Maintenance of the sign shall be allowed but no alterations which could increase its nonconforming status are permitted.

Nonconforming signs on a parcel where the use is discontinued for a period of ninety days or more shall be removed prior to occupancy of a new use. Any new signs erected by the new occupant shall comply with the sign standards for the zone in which the property is located.

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