Protect the general public health, safety, welfare, and aesthetics of the community.

Promote the City's standards for appearance by regulating the design, character, location, type, quantity, quality or materials, scale, color, illumination, and maintenance of signs.

Improve pedestrian and traffic safety.

Maintain and enhance the City's ability to attract and retain businesses which are sources of economic development, employment and revenue for the City and its residents.

Minimize the possible adverse effect of signs on nearby public and private property.

Enable the fair and consistent enforcement of these sign regulations.

Establish an approval system to allow for a variety of types of signs, subject to the standards and procedures of this chapter.

Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for formal approvals.

Provide for temporary signs in limited circumstances.

Provide for the repair or removal of abandoned, dilapidated or unsafe signs.

Provide for the enforcement of the provisions of this chapter.

A sign approval shall expire 12 months after its effective date, unless the sign has been erected or a different expiration date is stipulated at the time of approval. A sign approval shall remain valid for the duration of any building permit issued for the proposed sign.

A sign approval shall become void if the sign is not constructed, installed, or maintained in accordance with the approved application. The sign will then be considered illegal, and shall be required to be corrected to conform to the terms of this chapter, or be abated according to the provisions of NCC § 5.18.130. Any sign not legally erected or erected without a sign approval after the effective date of the ordinance codified in this chapter shall be considered illegal.

All approved signs shall conform with all applicable City design standards and policies including, but not limited to, specific plans, area plans, and other criteria established by the City.

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).

Interior Signs. Signs located in the enclosed lobby or court of any building or group of buildings, which are not visible from or located within the public right-of-way.

Window Signs. Signs in windows not exceeding one-third of the window area.

Informational Signs. Signs for the safety and convenience of the public such as "restrooms," "telephone," "danger," "impaired clearance," "no smoking," and other signs of a similar nature, up to two square feet per sign, unless a larger sign is otherwise required by State or Federal law.

Political Signs. Nonilluminated signs intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental election are permitted in any number, either freestanding or attached, limited to a total sign area of six square feet per sign in residential zones and not exceeding 32 square feet in other zones. Any such sign shall be erected not earlier than 120 days prior to an election and shall be removed within 10 days after such election. No sign shall be erected on private property without the property owner's consent. No sign shall be located within 100 feet of a polling place.

Nameplates, Street Addresses, and Building Directories. Street addresses and nameplates not exceeding two square feet in area for single-family or duplex structures and four square feet per sign for all other uses, and displaying only the name of the premises upon which it is displayed; the name of the owner or lessee of such premises; and/or the address of such premises. Buildings with more than five tenants may have building directories not to exceed nine square feet, affixed flat against the wall of a building, or as a ground sign, which only show the name and/or address of the persons or entity occupying the building.

Seasonal Decorations. Holiday greetings, decorations, and displays, such as those which relate to Christmas, Halloween, and the like, excluding advertising signs disguised as seasonal decorations.

Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of construction, provided the sign does not exceed four square feet in area.

Flags. The flag of any country, state, school, or duly constituted governmental body, or charitable, civic, or nonprofit organization, when not intended to be displayed for advertising purposes.

Artwork. Any sculpture, display or decoration clearly intended to be a work of art rather than related to the use of the property, as determined by the Planning Director. Any decision of the Director may be appealed to the Planning Commission.

Bulletin Boards. Bulletin boards not over 24 square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.

Religious Symbols. Nonilluminated, nonverbal religious symbols on the site of a religious institution, as long as the symbol is no higher than the overall height of the building on the same site, except as may be permitted by the regulations of the zone with Planning Commission approval.

Real Estate Signs.

Garage Sale Signs. One sign may be permitted to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, not to exceed six square feet in area nor six feet in height, provided the resident has obtained a garage sale permit pursuant to this Code. Placement of signs within the public right-of-way (as listed in NCC § 5.18.060) shall not be allowed.

Signs constituting a potential traffic hazard by being placed in such a manner as to obstruct free and clear vision of pedestrian traffic, or which simulate in size, color, lettering or design any traffic sign or signal.

Signs within the public right-of-way, including those on street trees, utility poles, street signals, street lights, street name signs, or traffic warning signs, except official signs or other signs specifically permitted by NCC § 5.18.050.

Signs consisting of any moving, swinging, rotating, flashing, blinking, or otherwise animated components, except barber poles, clocks or thermometers.

Windblown devices and signs whose movement is designed to attract attention, such as pennants, flags, inflatable signs or balloons, inflatable animals or similar signs, with the exception of those specifically permitted or exempted by NCC § 5.18.050 or § 5.18.070 or any design guidelines of an adopted specific plan.

Vehicle signs or signs on or affixed to trucks, vans, automobiles, trailers or other vehicles which advertise, or provide direction to, a use or activity not related to the lawful making of deliveries or sales of merchandise or rendering of service from such vehicle.

Portable signs or freestanding signs not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies, including A-frame signs, unless specifically allowed by NCC § 5.18.070. Real estate signs are exempt pursuant to NCC § 5.18.050.

Obstructing signs or signs erected in such a manner that any portion of their surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door ventilator or window.

Roof signs or any signs erected, constructed and maintained upon or over the roofline of any building.

Any sign located on vacant or unoccupied property that was erected for a business which has since vacated[1].

Indecent signs or signs containing statements, words, or pictures of matter considered indecent, immoral, obscene, or patently offensive. Location and visibility of the sign will be considered by the Director and/or the Planning Commission in determining whether this provision is applicable.

Permanent signs containing fluorescent colors as all or part of their copy.

Grand Opening and Special Event Signs. Temporary signs used in conjunction with a grand opening and/or special event signs are permitted as long as the grand opening or special event does not exceed 30 calendar days. Signs displayed in conjunction with permits issued for temporary uses shall be allowed for the specified duration of the use. The permit issued shall specify the number and area of signs, and the date the signs are to be removed.

Construction Signs. One such sign not to exceed 40 square feet in area and eight feet in height is permitted per building site, located a minimum of 10 feet from the street right-of-way line. No construction sign shall be erected prior to the issuance of a building permit. In addition to information on the new building(s), and/or identification of architects, engineers, contractors and financiers, the sign may include any sketch or architectural rendering of the proposed use.

Subdivision Signs.

Portable On-Premises Signs. For portable on-premises signs such as A-frame, I-frame, sandwich board, etc., approval must be secured from the Planning Department and/or the Planning Commission. Guidelines and a permit process have been established (Resolution 95-1).

Freestanding directional signs may be allowed in any multiple-family, professional, commercial, or industrial zone as deemed appropriate in size, number and location by the Planning Director.

Directional signs are not permitted to obstruct traffic visibility.

The maximum height of this type of sign shall not exceed six feet.

The maximum allowable sign area permitted per side or face is eight square feet.

Single-Family Residential (Single- and Two-Family Uses).

Multiple-Family Residential.

Office, Churches, Private Clubs, Educational Institutions, Public Buildings and Facilities.

Retail/Commercial. The following regulations apply primarily to single-tenant buildings, or multiple-tenant buildings located in a (C) Zoning District. Shopping centers, major single-tenant and multitenant commercial buildings located on sites more than one acre in size are described in subsection (F) of this section.

Industrial. The following regulations apply to Industrial (I) and (M) Zones:

Shopping Centers, Major Single-Tenant and Multitenant Commercial and Industrial Buildings Within a (C), (I), or (M) Zoning District.

Ground Mounted Pole Signs Within an (I) or (M) Zoning District.

Special Sign Provisions Within a (C), (I) or (M) Zoning District.

Location. All off-site advertising shall be located outside of and not clearly visible from the Highway 33 Corridor designated by the General Plan and/or the Highway 33 Specific Plan. All off-site advertising shall be a minimum distance of 1,000 feet apart.

Types of signs permitted: freestanding pole signs, ground signs, attached signs.

Total aggregate surface area permitted: 100 square feet maximum on one side. Direct or indirect lighting is permitted. Cut-outs or protrusions beyond the sign frame or plane of the sign face are prohibited.

Maximum Height Permitted.

Direct or indirect lighting methods are allowed provided that they are not harsh, unnecessarily bright, and shall be so located or shielded to prevent glare to surrounding properties or streets.

Signs shall, if lighted, have white or amber lighting. No sign shall have exposed fluorescent tubes or incandescent bulbs.

Signs visible from an R District shall not be illuminated between 10:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours.

No movement, or apparent movement of, or in, a sign or change in intensity of sign illumination shall be permitted. A time or temperature sign or theater canopy sign consistent with other regulations of this section, and including nonchangeable texts, shall be permitted.

Signs with plastic faces shall be constructed of rigid plastic material and constructed in a manner which presents a planar surface with no visible warpage of the sign face and visible seams.

Any sign legally established pursuant to any prior ordinances or regulations of the City which fails to conform to the requirements of this chapter shall be allowed continued use, except that any such sign shall not be:

Any legally nonconforming sign which fails to conform to the provisions of this chapter shall be either abated or removed, or brought into compliance with the provisions of this chapter, without the payment of any compensation to the owner, if any of the criteria set forth in California Business and Professions Code Section 5497, as it presently exists or as it may be amended, are found to exist.

Any sign which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter, and any legally nonconforming sign which meets the criteria set forth, as it presently exists or as it may be amended, shall be either abated and removed, or brought into compliance with the provisions of this chapter, without payment of any compensation to the owner, pursuant to the procedure provided herein.

The Planning Director, or his/her designee, after conducting an investigation, shall order the abatement and removal of any such sign, or direct that such sign shall be modified to comply with the provisions of this chapter, by giving notice of violation to the business owner using said sign and to the owner of the real property upon which the sign is located. The notice of violation shall contain the following information:

The notice of violation shall be sufficient if it is mailed via first class U.S. mail to the business owner at the business address upon which the sign is located, and to the property owner at the address shown on the last equalized assessment roll of the County. If there is no known business owner, notification of the owner of the real property as provided herein shall be sufficient.

If the business owner and/or the real property owner do/does not agree with the determination of the Director or his/her designee, either or both such parties may appeal the determination by filing with the office of the Director a notice of appeal, along with the required fee. The notice shall be served and received by the Director not later than 30 days from the date that the notice of violation was mailed.

The Director shall have the authority to extend the 30-day time period for the removal or correction of a sign, if he determines that the affected party is acting in good faith. Such extensions of time shall not exceed a total of 60 days without the prior approval of the Planning Commission.

Upon the timely receipt by the Director of a notice of appeal, an administrative hearing shall be set before the Planning Commission within 30 days of receipt of the said notice of appeal. Written notice of the date of the hearing on the appeal shall be given to the appellant via first class U.S. mail at least 10 days prior to the hearing date.

The Planning Commission shall hear and determine the appeal. As per this Code, the applicant or any other person not satisfied with the action of the Planning Commission, may within five days appeal, in writing, to the City Council. An appeal fee will be required prior to the City Council setting the matter for a public hearing.

Upon a determination by the Planning Commission that the offending sign must be removed, or in the absence of an appeal and upon the expiration of the 30-day compliance period, the City may cause the removal for the contracting for its removal with appropriate and qualified contractors.

The owner of the real property and/or the owner of the business upon which the sign is located shall be jointly and severally responsible for all costs and expense incurred by the City for the removal of the sign, and the City may cause a lien to be placed against said real property for such costs and expense. Nothing contained herein shall otherwise limit the City from enforcing such other legal remedies it may have to collect the cost and expenses incurred regarding property and/or the owner of the business located upon said property.

Signs removed by the City pursuant to this chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City of all costs of removal and storage. The City shall give written notice to the business owner and/or the owner of the real property within 30 days upon the payment to the City of all costs of removal and storage. The written notice so given shall contain a statement of the amount required to redeem said property. Said notice shall be served as provided in subsection (C) of this section.

If said property is not recovered prior to the expiration of the 30-day period, the sign and supporting structures shall be deemed abandoned, title thereto shall vest in the City, and the City may sell or otherwise dispose of the property as it may determine for satisfaction for its costs and expenses.

Signs considered dilapidated, or signs determined to be unsafe and dangerous or hazardous to the public safety or welfare, shall be either repaired or removed from the site by the owner, agent or person having the beneficial use of the building, structure or premises upon which such sign may be found within 10 days after written notification.

The owner of an abandoned sign or the real property where the sign is located shall remove said sign within 30 days after receipt of written notification, if there is no further intended use of the sign and its structural portions. However, 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 30 days after receipt of written notification, make an application to the Director for an extension of time. Where the owner submits reasonable evidence that he/she is endeavoring to secure a use for the sign (i.e., a new tenant, arrival of new product line, etc.), the Director may grant extensions of time. The Director may require, as a condition of granting such extension, to paint out, obscure, or remove some or all elements of the message or face portion, or structural members of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance and in harmony with the structure to which it is attached, and may require that such work be done within a specified time period after the granting of such extension, or the extension shall be invalidated by such failure.

Intent. It is the intent of the City Council, for purposes of promoting the local economy, tourism, and for further purposes of beautifying the City of Newman, to adopt this chapter regarding murals, their location and design.

Definitions. As used in this chapter, the following definitions shall apply:

Mural Permit Required. The painting or placement of a mural on the exterior wall of any building or surface, that is not otherwise permitted under other provisions of this Code as a sign or advertising device, shall require a mural project permit.

Location of Murals.

Criteria for Design of Murals. The following criteria shall apply to the design of murals submitted for approval:

Mural Design Review.

Fees for Mural Permit.

City Council Approval.

Enforcement – Penalties.