A.

Statutory Authority. This chapter is enacted pursuant to the California Constitution's grant of police power to counties and the statutory authority granted by Section 65850(b) of the California Government Code.

B.

Purpose of Chapter. The board of supervisors has determined and recognizes that the Oakhurst/Ahwahnee general plan district has evolved over time and consists of individual lots with buildings of various ages, designs and styles of architecture, occupied by a variety of businesses, and that adequate signage is essential to the success of these individual businesses. It is, therefore, resolved that the intent and purpose of this chapter is to upgrade the general appearance of the district by regulating the size, height, construction, location and general upkeep of outdoor signs and sign structures within the defined area; provide for public safety; encourage local shopping; protect property values and the natural scenic beauty; in general, attempt to create a more attractive business climate and to preserve and enhance the unique character of the mountain community.

C.

Findings. After public hearings before both the planning commission and the board of supervisors, the following findings are made:

1.

The community is situated in a scenic mountain-forest area whose economic well-being is primarily dependent upon tourism with a newly developing light industry and commercial profile complementing a residential community. Recognizing that the community is the prime gateway entrance to Yosemite National Park, it is found that the proper control of signs is of particular importance to the community and its natural scenic beauty.

2.

A substantial business community has developed in this area over a period of thirty years, with a variety of signs and advertising. The owners of these businesses have made substantial investments in their signs in good faith and compliance with perceived community sign standards. A sign ordinance, while being necessary to the future economic and aesthetic well-being of the community, should be easy for the present and future business owners and the general public to understand and be implemented with as minimal as possible administrative impact on existing businesses and business owners.

3.

The right to identify a place and type of commercial business and/or service activity should and must:

a.

Be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and the economic advantages which rest largely on the quality of its appearance; and

b.

Be balanced with the right of the public-at-large to be insulated from the intrusions of over-commercialism.

D.

Applicability of Chapter. The provisions set forth in this chapter shall be applicable to all signs within the overlay zone, as later defined within this chapter.

E.

Overlay Zone. This chapter (overlay zone) shall apply to the exact area of the Oakhurst/Ahwahnee general plan boundary.

(Ord. 525D § 1(part), 1993).

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section as follows:

"Advertising statuary" means an imitation or representation of a person or thing or free-form creative license which is sculptured, molded, modeled, inflated or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.

"Aggregate area" means the total permitted sign area, measured in square feet, which is allowed for a property or parcel, be it the sum of one or more signs.

"Altered" means any sign upon which a difference has been made as to shape, size or dimension, including changes in illumination methods but not including changes to a sign's text.

"Amortization period" means a period established as the economic life of all nonconforming signs.

"Animated sign" means any sign designed and constructed to convey a message or attract attention through a sequence of progressive or random changes of parts or lights or degree of lighting through rotation, movement, fluctuation, flashing, changing or blinking light or similar devices.

"Appurtenant sign" means a sign directing attention to products offered, i.e., product identification.

"Architectural feature" means a portion of a sign structure intended to accent a sign rather than to provide or carry additional message area, such as framing, roofing, exposed foundations, landscaping and the like.

Banner. See "pennant."

"Building sign" means any sign erected upon a building or element thereof, including signs located on roofs, windows, fences, walls, marquees, eaves or canopies.

"Bulletin board" means that portion of a sign, with movable letters, words or numerals, allowing messages or advertising copy to be changed at will and which includes reader board or chalk board.

"Business complex" means a building or group of buildings with common ownership or control within a single architectural plan and/or parcel or contiguous parcels of property housing two or more commercial units of operation and providing common facilities or utilities, such as a shopping center, professional office building, etc.

"Business sign" means a sign indicating the name and/or occupation of a person or group engaging in a business.

"Civic event" means a sign posted to advertise, identify or provide direction to a civic event sponsored by the community, or a school, church, civic-fraternal organization or similar noncommercial organizations.

"Combination sign" means any sign incorporating any combination of the structural features of a freestanding sign and building sign.

"Conditional use permit" refers to and incorporates Chapters 18.92 and 18.94 of the Madera County Zoning Ordinance.

"Directional off-site sign" means a freestanding sign denoting the principal name and location of a business or service, where the sign is located off-site, adjacent to the driveway, alleyway or other ingress where primary access to the business or service is obtained. A directional off-site sign may include the official logo of the business or service, but shall not include product advertising.

"Directional sign" means a sign denoting "entrance," "exit," "no parking" or directing motor/pedestrian traffic flow to parking or building facilities with or without a business name, logo types or commercial advertising.

"Directory sign" means a sign placed or displayed to list all or a part of the businesses within a business complex.

"Erect" means to build, construct, attach, hang, place, paint, suspend or affix.

"Finish grade" means the highest final grade measured at ten feet from the center point of the sign structure or to the highest finish grade of the road surface of the nearest public road right-of-way measured at a point perpendicular to the sign structure, whichever is higher.

"Flag" means an article of cloth, paper or similar lightweight material, varying in size, shape and/or design, usually attached at one edge to a staff or cord.

1.

Official Flag. The flag of any nation, state, county, city or other recognized governmental entity.

2.

Insignia Flag. A flag bearing the insignia, name, device, rank, logotype or similar designation of specific activities, political parties, persons, agencies, private businesses and the like.

3.

Common Flag. A flag other than an official or insignia flag, including pennants, banners, and those bearing symbols, mottos or slogans, and the like.

"Freestanding sign (monument)" means a sign supported by one or more uprights, poles or braces in or on the ground, or which is placed upon a fence, planter, retaining wall, or any other structure not an integral part of any building.

"Gasoline price sign" means any sign that denotes the cost of motor fuel for sale to the motoring public.

"Graphics" means decoration of the exterior of a building or site with murals, art work, statuary and the like, not containing a commercial message, trademark, logo type, brand name or the like.

"Identification sign" means a sign which is used to identify or advertise the occupants of a building, lot or premises or the merchandise or activity available at the building, lot or premises, where the sign is located.

"Illegal sign" means any existing sign erected and not in compliance with the prior or current applicable building code and/or zoning code standards or advertising a use that has ceased to exist for a period of not less than one hundred eighty days; any nonconforming sign upon which the amortization period has expired; any sign determined to be a danger to the public health and safety from the standpoint of structural integrity; any sign determined to be a traffic hazard not created by the relocation of streets or highways or other acts of the county, state, or federal governments.

"Illuminated sign" means a sign in which a source of light is used in order to make readable the message or attract attention to the sign. This definition shall include internally and externally lighted signs.

"Logo" means a trademark or symbol of any business or organization.

"Maintained" means ordinary maintenance and repair, which is the upkeep or preservation of the condition of a sign in order to keep the existing sign components, including electrical components both internal and external (including but not limited to bulbs, flood lamps, ballasts, etc.), color, safety, neatness in orderly working condition and appearance and to prevent corrosion or deterioration caused by weather, age or other conditions. Maintenance does not include any changes to the sign area which result in different external dimensions or shape of the overall sign, pedestal structure or support.

"Master architectural sign plan" means a conceptual architectural design plan describing the basic content of all proposed signs in terms of size, shape, materials, style, placement, lighting and the like to set forth a basic identity for a business complex.

"Menu board" means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.

"Mobile sign" means a sign attached to or suspended from any type of vehicle.

"Nameplate" means a building sign designating the name or name and occupation of a person on the premises.

"Neon" means an electrolumen method of lighting a formed sign.

"Nonconforming sign" means a sign validly installed, or for which a permit has been issued, under prior laws or ordinances but which is in conflict with any of the current provisions of this chapter.

"Off-premises sign" means a sign which advertises a business, product, service or entertainment, or commodities which are manufactured, produced, conducted, sold or offered elsewhere than upon the parcel upon which the sign is located.

"On-premises sign" means a sign which advertises a business, product, service or entertainment, or commodities which are manufactured, produced or sold, or rendered on or from the premises upon which said sign is located.

"Outdoor business" means any enterprise provided by entitlement or by conditional use permit in the commercial, industrial or specific plan zone in which it is located which:

1.

Relies principally on the outside display of merchandise as the primary means of business; and

2.

Is characterized by a combination of outdoor display areas, showrooms, inventory and work areas comprising no less than twenty-five percent of the total site area.

"Overall building line" means the furthermost eave, wall or extension of a building.

"Parcel of property" means a parcel of real property as identified in the Madera County master parcel book adopted in April, 1966, and any parcel created thereafter by lawful subdivision or lot line adjustment of such a master parcel. This definition does not include any easement on any contiguous parcel.

"Pennant" means a piece of cloth, plastic, paper or other such material varying in size, shape or design, erected in any manner as an advertising device to draw attention to the site where located.

"Portable freestanding sign" means a sign designed to be moved and which is not structurally attached to the ground, a building, a structure or any other sign; and which may or may not be in the configuration of an "A."

"Projecting sign" means a sign attached to an exterior wall and/or to the top of the eave of a building, which sign is attached at an angle up to ninety degrees to the building.

"Public use board/tack board" means a board upon which personal notices may be tacked; i.e., "lost and found."

Reader Board. See "bulletin board."

"Real property sign" means a sign indicating that the property or improvements thereon are for sale, lease or rent.

"Roofline" means the line or edge where the sides and the roof of a building meet.

"Service sign" means sign denoting "open," "self-service," etc., and not advertising any business.

Shopping Center. See "business complex."

"Sign" means any advertising surface, including flags and banners, visible to the public and upon which is placed or optically projected, any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, device, appliance or other thing of similar nature to attract attention outdoors, and which includes all parts, portions, units, vehicles and materials composing the same, together with the frame, background, surface or enclosure therefor, excluding "graphics" as otherwise defined herein.

"Sign area" means the entire area within a single geometric form (square, triangle, circle, etc.) or a symmetrical form of not more than six sides, enclosing the extreme limits of a sign excluding borders, frames and the necessary sign structure.

"Sign guidelines" means supplemental supporting documents as may be adopted by the county for clarification of procedures for the issuance of sign permits pursuant to this chapter.

"Sign structure" means the supports, uprights, braces and framework of a sign.

"Subdivision sign" means a nonilluminated sign for the purpose of advertising and directing people to a newly constructed subdivision or apartment complex.

"Subdivision identification sign" means an identification sign which is permanent and used to identify a residential subdivision.

"Temporary and special event sign" means a sign which advertises a business, a product or a service, or commodities manufactured, produced, sold or offered for that specific business. This sign may be a balloon, pennant, common flag, valance, chalk board, "A" frame, sandwich board sign or other advertising display, usually constructed of light materials, and which is not permanently affixed to the premises.

"Theater marquee" means a permanent structure upon which is displayed materials or text of a temporary or changeable nature announcing currently showing programs or movies and which is operated manually.

"Time and/or temperature sign" means a sign providing the time or the time and temperature without an advertising message.

"Trade construction sign" means a sign located at a building or project site listing one or more persons or firms participating in the development, construction or financing of that building or project.

"Unit of operation" means an individual and separate unit of activity or function within a building, such as a single shop or business within a business complex or a single business occupying an entire building.

"Variance" refers to and incorporates Chapter 18.106 of the Madera County Zoning Ordinance.

"Value of a sign" means total cost of physical replacement of a sign.

"Wall sign" means a sign erected on the side, wall or parapet of a building or structure and which does not extend above or more than twelve inches outward from that portion of the building to which it is attached.

"Window decal" means an appurtenant decal; i.e., a decal advertising the acceptance of "Visa" or "Master Card."

"Window sign" means a sign permanently painted upon a window, or intended to be viewed only from outside a window, including appurtenant signs.

"Zoning administrator" means that officer designated as such by Section 18.02.050 of the Madera County Zoning Ordinance.

"Zoning enforcement officer" means that person or persons designated as such by the zoning administrator.

(Ord. 525K § 1, 2001; Ord. 525D § 1(part), 1993).

A.

Computation of Sign Area.

1.

In computing sign area for all signs, any frame, border, other architectural feature or the structure supporting a sign shall not be included.

2.

Where a sign is composed of a curved, cylindrical, spherical or other similar continuous surface, the sign area shall be considered as the silhouette of such sign as viewed from any given point.

B.

Advertising Statuary. Statuary shall be considered and regulated as signs.

C.

Bulletin Board. Bulletin boards shall not constitute more than thirty percent of the allowable freestanding sign area, nor shall it constitute more than thirty percent of the allowable building sign area for that portion of a building to which it is attached. Exception: Theater marquees may constitute eighty percent of the allowable freestanding or building sign area for that business.

D.

Clearance From Utility Lines. No sign shall be erected or maintained which has less horizontal or vertical clearance from communication or energized electrical power lines than that prescribed by the laws of the state of California or rules and regulations duly enacted by its agencies.

E.

Structural Safety and Maintenance. All signs and sign structures erected shall:

1.

Be constructed and erected in accordance with the most current building, electrical, sign and fire prevention codes of Madera County; and

2.

Be maintained at all times in a safe condition, including the replacement of defective parts, painting, repainting, cleaning and other acts for maintenance.

F.

Public Safety Hazards. No sign(s) or group of signs shall be placed or operated in such manner as to cause a physical or visibility hazard to the movement of vehicles or pedestrians, or to obstruct or interfere with the view of a traffic sign, signal or other safety device located upon a public right-of-way.

G.

Graphics. Graphics of a permanent nature shall be permitted only upon the approval of a zoning permit by the zoning administrator and shall be regulated by such conditions as may be placed upon such a permit.

H.

Lighting. Any attached or detached external source of illumination of any sign shall not be directly visible from beyond the property line of the parcel upon which the sign is located. Illuminated signs shall be maintained in good working condition as originally designed and approved.

I.

Sign Permit. A permit for a sign issued pursuant to this chapter by the Madera County planning department.

(Ord. 525D § 1(part), 1993).

A.

Freestanding Signs.

1.

Freestanding signs shall conform to the following standards:

a.

One freestanding sign per parcel or business complex may be allowed if the street frontage of the project is three hundred feet or less in length.

b.

Two freestanding signs per parcel or business complex may be allowed if:

i.

The street frontage of the project area is more than three hundred feet in length;

ii.

The project area has more than one major entry point; and

iii.

The distance between the freestanding signs on that parcel is at least one hundred feet.

2.

Freestanding sign area: the maximum allowable sign area of a freestanding sign shall be sixty square feet per face. A business complex occupying a parcel of over ten acres in size shall not exceed one hundred square feet of sign area per face.

3.

Freestanding sign structure height: the freestanding sign structure shall not exceed twelve feet in height from the finished grade.

4.

Additional height for freestanding signs: up to two feet of additional height may be approved when the freestanding sign is incorporated into a landscaped planter, monument base or pedestal. The additional height permitted will be the height of the landscaped planter, monument base or pedestal, up to a maximum of two feet.

5.

Additional freestanding signs allowed in addition to the above:

a.

Directional on-site signs: directional on-site signs shall not be counted as part of the allowable sign area. Such signs shall not exceed three square feet in area and shall be limited to four feet in height. Directional signs shall be limited to one per vehicular entrance, plus one additional sign per drive-through establishment.

b.

Delivery signs: delivery signs shall not exceed one nonilluminated delivery sign per unit of operation. Permitted signs shall not exceed three square feet in area.

c.

Up to forty square feet of drive-up window menu boards are allowed. Additional area can be allowed by making corresponding reductions in the allowed area of building signs. Such signs shall not exceed seven feet in height. The visibility of the signs by passing traffic shall be reduced by the use of screening and/or landscaping. Minimal lighting and speaker systems shall be allowed, so as to not significantly increase ambient light and noise levels.

d.

Gasoline price signs: in addition to identification signs, service stations may be permitted gasoline price signs up to fifteen additional square feet in area and shall not exceed ten feet in height. Portable gasoline price signs are prohibited. Within the maximum allowable sign area, service stations may be permitted identification signs on the pump island canopy fascia or gable or totally beneath the canopy and mounted on the canopy supports, and further provided that the distance from the top to the bottom of the sign is not greater than three feet.

e.

A directory sign shall be no greater than eight square feet, no higher than five feet and each business is allowed a maximum of one square foot per sign. One directory sign shall be allowed for each vehicle entrance from a public street.

f.

Placement of a maximum of one directional off-site sign per parcel may be allowed in lieu of an on-site freestanding sign. Off-site directional signs may be allowed only for businesses located on parcels that do not have frontage on a named public road. The following criteria must be met in order to allow an off-site directional sign:

i.

The location of a directional off-site sign shall be limited to a parcel which has frontage on a named public road. That parcel shall be located at or adjacent to the intersection between the named public road and the driveway, alleyway or other ingress where primary access to the business is obtained.

ii.

The signature of the property owner where the directional off-site sign is to be placed shall be provided on the sign permit application form.

iii.

One directional off-site sign may be allowed on any parcel.

iv.

The maximum allowable sign area for a directional off-site sign is eight square feet per business unit, not to exceed a cumulative total of thirty-two square feet per sign.

v.

The directional off-site sign structure shall not exceed eight feet in height from the finished grade.

vi.

Utilization of a directional off-site sign in lieu of a freestanding sign shall not entitle an applicant to request a transfer of sign area as outlined in subsection six of this section.

vii.

Property within the Ahwahnee/ Nipinawasee Area Plan is excluded from the provisions of this subsection.

6.

Transfer of sign area: in any case where an applicant foregoes the right to a freestanding sign, fifty percent of the allowable freestanding sign area may be added to that otherwise allowed for the building signs for that parcel of property or business complex. The application of this provision shall be by written document approved by the planning department.

7.

Double-faced signs: where a freestanding sign designed to be viewed from two directions is at no point thicker than thirty-six inches and the two faces of the sign are either parallel or the angle between them is thirty degrees or less, the sign area shall be computed as the area of one face if the two faces are of equal area, or as the area of the larger face if the faces are of unequal area.

B.

Building Signs.

1.

Sign area: maximum allowable sign area shall be calculated at one square foot of aggregate sign area for each lineal foot of the building face to which it is attached; provided, that the total sign area for any unit of operation shall not exceed an aggregate of eighty-five square feet per building side; and further provided, that no sign shall be less than ten square feet per business unit. Buildings set back two hundred fifty feet or more from a public street shall be permitted one square foot of sign area per one lineal foot of building face with a maximum of two hundred twenty-five square feet of sign area per unit of operation.

a.

Window signs: window signs exceeding three square feet in area shall be computed in the building sign area. Appurtenant signs shall be computed in the window sign area.

b.

Public use board/tack board shall not exceed twelve square feet and shall not be computed in the building sign area.

2.

Height: the top of any building sign shall not extend above the top of the overall building elevation.

3.

Projection: eave and wall signs shall project no more than thirty-six inches horizontally beyond the overall building line.

4.

Clearance: no sign shall extend to within twelve inches of the end of the wall or to the line which divides the businesses sharing such wall.

5.

Sign averaging: to maintain a basic identity for a business complex, the sign area of a building face may be reallocated among the tenants and/or the business owners. The reallotment can not exceed the cumulative sign area of that building's tenants or owners.

C.

Awning Signs. Awning signs shall be counted as part of the total allowable building sign area.

D.

Combination Sign. Combination signs shall meet the most restrictive classification to which any portion is subject.

E.

Flags. Except for official flags, no flag shall be larger than five feet by seven feet and shall be counted as part of the freestanding sign area. Flag pole maximum height for any flag shall not exceed thirty feet above finished grade.

F.

Illumination. Signs may be illuminated only by the following means:

1.

By a white steady stationary light of reasonable (seventy-five foot lamberts) intensity shielded and directed at the sign; or

2.

By interior nonexposed lights of reasonable (eight hundred Ma high output fluorescent tube) intensity, except for time and temperature signs using LED low power incandescent bulbs.

No sign shall be placed so as to produce glare on a public street or adjacent property or to cast light into any dwelling unit or dwelling building.

No signs shall be erected at or near the intersection of any streets or of a street and driveway in such manner as to obstruct free and clear vision or at any location where, by reason of the position, shape, color, illumination or wording, the sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or otherwise constitute a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

G.

Neon.

1.

Internal neon signs, intended to be viewed only from outside a window, provided such signs do not exceed four square feet, are included as part of the total allowable sign area and may only be installed within the interior of the building.

2.

Exterior exposed neon signs with opaque or frosted tubing, not clear tubing, are allowed on building signs only. No exterior exposed neon signs are allowed on canopies, freestanding signs or signs allowed without a permit.

H.

Off-Premise Signs. An off-premise sign shall be allowed only in commercial or industrial zones and shall be computed as part of the total allowable freestanding sign area for the parcel upon which it is placed. Such off-premise sign shall be included within the freestanding sign(s) allowed for the parcel upon which it is placed. No off-premise sign shall be located within one thousand feet of any other off-premise sign nor within five hundred feet of any road or railroad interchange, intersection at grade or any safety road side rest area. No off-premise sign shall be erected without prior issuance of a zoning permit pursuant to Chapter 18.104.

I.

Outdoor Businesses. Outdoor businesses shall meet the same requirement as for other businesses including freestanding signs and directional on-site sign regulations.

J.

Subdivision Signs. Subdivision signs shall not exceed thirty-two square feet in sign area per face. Maximum height shall be twelve feet and ten feet wide. Pennants, streamers, flags or other appurtenances are not permitted. All signs shall be placed a minimum of one hundred feet from any other sign and only one subdivision sign shall be allowed per street face. Subdivision signs shall be located a minimum of ten feet from any right-of-way or property line. The sign shall be located only on the property which is advertised thereon. Subdivision signs shall be removed upon the sale of ninety percent of all units in the development. Any model home advertising a development shall not be included in the determination whether ninety percent of all units have been sold. Any change of copy to advertise a different subdivision shall require a new sign permit. Illuminated or lighted signs shall not be permitted.

K.

Time Clock and/or Temperature Signs. Time clock and/or temperature signs shall not be calculated in sign area permitted on a parcel of property if less than eight square feet in area.

L.

Master Architectural Sign Plan for a Business Complex. All signs proposed for erection on or within a business complex shall be designed and erected according to a master architectural sign plan approved by the zoning administrator. No new sign shall hereafter be erected on or within such a business complex unless a master sign plan has been approved and such sign is in conformity with that master plan.

(Ord. 525-W §1, 2006; Ord. 525K §2, 2001; Ord. 525D §1(part), 1993).

A.

Exception to Permit Requirements. The following signs shall be excluded from all requirements of this chapter:

1.

Memorial signs or tablets, or names of buildings and dates of erection when cut into any masonry or when constructed of bronze or other incombustible material permanently fastened to a building or structure, not exceeding eight square feet area;

2.

Official flags no larger than eight feet by twelve feet in size. The maximum height of the flag pole shall not exceed thirty feet above finished grade;

3.

Official traffic, fire and police signs; signals, devices and markings of public agencies and utilities; other safety signs; legal notices;

4.

Signs required by county, state or federal laws or regulations; provided, that the size does not exceed the minimum size required by the law or regulation;

5.

Name plates, identification, or business sign not exceeding two square feet in area and attached to the building, illuminated only by indirect lighting, and limited to one sign per business;

6.

Change in messages or advertising text on a bulletin board, theater marquee or similar signs specifically designed for use of replaceable copy;

7.

Total window sign area for a business including decals and illuminated signs, not exceeding three square feet in area;

8.

Service signs not exceeding three square feet in area and twelve square feet in the aggregate;

9.

Service station signs required by state and/or federal regulations;

10.

Tire chain service signs not exceeding three square feet each in area and no more than six square feet in the aggregate for any business providing tire chain services;

11.

Temporary signs:

a.

A business may have temporary signs for up to fifteen consecutive days, but not more than an aggregate of one hundred twenty days within a year.

b.

Any temporary use in excess of the fifteen consecutive days or one hundred twenty days aggregate period will require a zoning permit.

c.

Signs pertaining to any civic, patriotic or special event of general public interest taking place within the general community may be used for up to forty-five days.

B.

Real Property Signs. Real property signs shall be placed upon the property only in accordance with the following restrictions:

1.

Size: each sign may be double faced.

a.

Single family zoning:

i.

Parcels under five acres may have a maximum of five square feet per sign face and one sign per street front.

ii.

Parcels between five and twenty acres may have a maximum of twenty square feet per sign face and one sign per street front.

iii.

Parcels over twenty acres may have a maximum of thirty-two square feet per sign face and one sign per street front.

b.

All other zoning:

i.

Parcels under five acres may have a maximum of twenty square feet per sign face and one sign per street front.

ii.

Parcels over five acres may have a maximum of thirty-two square feet per sign and one sign per street front.

2.

Height: no portion of a sign or the standard to which it is affixed shall be more than six feet above the finished grade, unless affixed to a building.

3.

Placement:

a.

Affixed to the building or structure;

b.

Displayed in a window;

c.

Free-standing but not attached to a tree, light standard, telephone pole or vehicle.

4.

Number of signs: two "open house" signs may be placed during the time the property is open for general public viewing. Signs shall be placed upon the actual property to which they pertain or a contiguous property with the owner's written approval. Off-premise directional signs with or without logos or arrows shall not be erected except that one directional sign conforming to the size and height requirements of this section may be installed at the intersection of roads where street name signs are not posted.

5.

Materials:

a.

Real property signs shall be maintained in good order and repair, and shall not be illuminated and shall be of nonreflective materials.

b.

Pennants, flags, balloons or other similar devices or materials shall be allowable only at "open house" events, during the time the property is open for public viewing and never longer than seventy-two hours per week.

6.

All real property signs shall be removed within fifteen days after escrow closes on the property advertised by said signs.

C.

Subdivision Identification Signs. One identification sign shall be allowed; provided, that the sign does not exceed eight square feet for a residential or multifamily subdivision containing one to nine units, or sixteen square feet for each multifamily complex containing ten to twenty-nine units, or thirty-two square feet for each multifamily complex with thirty or more units. Maximum height of such sign shall be four feet.

D.

Trade Construction Signs.

1.

In residential zones, such sign(s) shall not exceed an aggregate of thirty-six square feet and shall be restricted to one common area on a construction site.

2.

In a multifamily, institutional, commercial or industrial zone, such sign(s) shall not exceed an aggregate of one hundred twenty-eight square feet and shall be restricted to one common area on a construction site.

3.

A trade construction sign shall be erected on a structure, or temporary poles only and shall never be attached to natural features such as trees or rocks. Such a sign shall not be erected prior to the start of construction, and shall be removed before a certificate of occupancy is issued.

E.

Political and/or Campaign Signs. Political and/or campaign signs shall be in compliance with all county and state laws and regulations and shall not constitute a public safety hazard as defined in Section 18.91.030.

(Ord. 525D § 1(part), 1993).

A.

Prohibited Signs, Generally. The following signs are prohibited:

1.

Signs affixed to natural features such as trees, rocks, shrubs and the like or utility poles, and the like;

2.

Privately owned signs located on or projecting over a public right-of-way;

3.

Advertising statuary;

4.

All exterior exposed neon signs made of clear tubing;

5.

Moving arc lights.

B.

Animated Signs. Animated signs which rotate, move, flash, fluctuate, blink or appear to do any of the foregoing, shall be prohibited unless required by law or utilized by a proper governmental agency; provided, however, the provisions of this section shall not be applied so as to prohibit the following:

1.

Time-clock and/or temperature signs;

2.

Barber poles of traditional design, not to exceed thirty inches high, which revolve during the time a barber shop is open for business.

C.

Mobile Signs. The parking on any street, or on public or private property, of any vehicle to which a sign is attached or suspended, or the movement of any such vehicle in and along any street, for the sole or primary purpose of displaying advertising matter, is declared to be a nuisance and a violation of this section. No person shall drive, operate, move in and along or park on any street or on public or private property, any motor vehicle, trailer, carriage, wagon, sled or other vehicle on which is attached or maintained any sign displaying any commercial advertising matter, except for the following which are permitted:

1.

Political signs, provided such are not otherwise prohibited by county or state laws or regulations;

2.

A nonprojecting sign attached, affixed, or painted upon the door or side of a motor vehicle and which contains the following information:

a.

The name of the business in which the vehicle is customarily used, and/or

b.

The address, city or town and telephone number of the business in which the vehicle is customarily used, and/or

c.

A motto, slogan, or logo designed and intended to be associated with the business in the minds of the general public and its customers;

3.

The incidental display of noncommercial stickers, plates, license plate brackets and the like; or of customary small identifications on license plate brackets or elsewhere, of vehicle manufacturers, models or types of vehicles or dealers or entities from whom such vehicles were obtained;

4.

A single isolated movement of a sign or sign equipment or materials from one place to another.

D.

Deceptive Signs and Names Indicating Price or Rate, Services or Number of Units Available. No sign shall be permitted anywhere or at any time which, by varying the size of print, by wording, by coloration or by any other device, gives a viewer a false or deceptive impression of prices or rates, charges or the services or number of units available.

E.

Abandoned Signs. Except as may be otherwise provided in this chapter, any sign including its supporting structure, except for an approved off-premise sign, which is located on property which becomes vacant and unoccupied for a period of one hundred eighty days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management, or because of seasonal operation, shall not be deemed abandoned unless the property remains vacant for a period of one hundred eighty days or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. All costs incurred in removing an abandoned sign may be charged to the legal owner.

F.

Unlawful Signs, Generally. Except in the case of a public officer or employee in the performance of a public duty, or a private person giving legal notice, or a lawful sign erected as provided herein and with the consent of the property owner, no person shall paste, post, paint, print, nail, tack or otherwise fasten or place any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any real or personal property.

(Ord. 525D § 1(part), 1993).

A.

Nonconforming Signs.

1.

Any sign lawfully existing or for which a permit has been issued prior to the effective date of this chapter, but which does not conform to the provisions of this chapter, is a nonconforming sign. A sign lawfully existing or for which a permit has been issued and which exceeds the area or height regulations of this chapter by twenty-five percent or less shall be deemed in compliance with this chapter and is not a nonconforming use.

2.

Nonconforming signs shall not be altered (except as permitted in subsection (A) (3) of this section), replaced, enlarged or reconstructed, except in such a manner as to cause the sign to conform fully to this chapter. A nonconforming sign may be maintained and/or the advertising text changed without affecting its nonconforming status.

3.

A nonconforming sign destroyed or damaged may be replaced as originally constructed and placed. In the event amortization is applied for, the zoning administrator shall base his or her decision on those factors outlined in Section 18.90.080 of Chapter 18.90 of the County Zoning Ordinance. All factors shall be based on the date of construction, placement and cost of the original sign, not the replacement sign.

4.

No permit shall be issued for any new sign or advertising structure for a unit of operation with nonconforming signs which would then cause the total signage for that unit of operation to exceed the maximum allowable sign area as defined in this chapter.

5.

A nonconforming sign that becomes a traffic hazard due to the relocation of a street or highway or by other acts of the county, state, or federal government may be relocated.

B.

General Provisions.

1.

Compliance with the provisions of this chapter shall not preclude compliance with the building and/or zoning code of the county of Madera, as may be applicable to the construction or maintenance of a sign.

2.

Every sign shall be maintained in good structural condition at all times and defective parts replaced as required by the building official. The building official shall have the authority to remove signs which constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation or obsolescence, pursuant to the procedures set forth in Chapter 18.90 of this code.

(Ord. 525D § 1(part), 1993).

A.

Incorporation of Zoning Code Provisions. Provisions of Chapter 18.90 and Chapter 18.106 of Title 18 of the Madera County Code are incorporated. Except as specifically modified by this chapter, the provisions of Chapter 18.90 and Chapter 18.106 govern signage within the overlay district.

B.

Enforcement of Chapter. Unless otherwise specified, it shall be the duty of the zoning administrator to enforce all provisions of this chapter. It is unlawful for any person to interfere with such officer in the performance of duties assigned under this chapter.

C.

Deactivation of Signs. Any sign, including signs lawfully erected prior to the adoption of this chapter, which rotates, moves, scintillates, blinks or flashes shall be deactivated within sixty days from the effective date of this chapter, without compensation.

D.

Abatement Period.

1.

Legal nonconforming signs erected or in place or for which a permit has been issued as of the effective date of this chapter shall be removed or brought into compliance, without compensation, to conform with this chapter within fifteen years from the effective date of this chapter.

2.

The sign owner or owner of the parcel upon which the sign is located may request the zoning administrator to establish an amortization period pursuant to Chapter 18.90.080 of the Madera County Zoning Ordinance in excess of the abatement period of fifteen years.

E.

Violations.

1.

Any sign, other than an off-premises sign, which is not functional, abandoned or which is not used for advertising purposes for a period of one hundred eighty consecutive days, shall be removed from the parcel upon which it is located by the owner of said sign or the owner or lessee of the parcel upon which the sign is located.

2.

All illegal signs and all signs which are not nonconforming signs and which do not conform with the provisions of this chapter, constitute a public nuisance and shall be removed at the expense of the sign owner, and the owner and lessee of the parcel upon which the sign is located.

3.

Any sign which constitutes a violation of subsections (E)(1) or (2) above, may be abated and the costs of abatement recovered pursuant to the procedure set forth in Chapter 18.112 of this code. The enforcement provisions contained in this subsection shall be in addition to any other remedy provided by law.

F.

Sign Guidelines. Upon adoption of this chapter, the zoning administrator and the planning department may supplement provisions of this chapter with sign guidelines.

G.

Permit/Fees Required. It is unlawful for any person to erect, enlarge, alter, replace or relocate any sign or other advertising structure, or to install any sign or other advertising structure, or to install or alter any electrical wiring or fixtures therein without having first obtained a permit from the planning department and paying the required fees as determined by the planning department unless a sign is otherwise exempt by this chapter.

H.

Appeals. Any person dissatisfied by a decision of the zoning administrator has the right of appeal pursuant to the procedure set forth in Article II, Chapter 18.108 of this code.

I.

Summary Abatement. The county planning director, engineer, road commissioner, sheriff and fire chief or their designees, may abate, including abatement by removal, without prior notice and hearing, any sign which poses an immediate threat to the safety of persons or property. Within ten days of summary abatement, the abating official shall give written notice to the owner of such sign and the owner and lessee of the parcel upon which such sign was located. The sign owner or parcel owner or lessee shall have the right to hearing pursuant to Chapter 18.112 of this code as to determine the nature of the threat and the appropriateness of the abatement action taken. This hearing may be combined with a hearing by the county to determine whether the costs of abatement should be assessed to the owner as provided in Chapter 7.20 of this code.

J.

Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter or the application thereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct and independent provision and such provision shall not affect the validity of the remaining portions thereof. The board of supervisors declares that it would have adopted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one of the sections, subsections, sentences, clauses or phrases, or the application thereof, be declared invalid or unconstitutional.

(Ord. 525D § 1(part), 1993).