(A)   Signs are considered to be an essential economic and visual element of the community. They contribute significantly to its visual quality, thus influencing perceptions of that community. In communities where there has been an uncontrolled proliferation of signs, the result has often been clutter, confusion and visual blight to the detriment of that community's image, and to its economic development. However, under proper regulation, signs may be designed and displayed to effectively convey their intended message and to help create a community, which is well organized and visually appealing.

   (B)   It is the intent of this chapter to establish standards for proposed and existing signs in the city in order to protect its physical and economic environment, to implement the policies of the general plan, and to promote public health, safety and general welfare.

   (C)   The general objectives and provisions of this chapter are intended to:

      1.   Ensure that signs serve primarily to identify an establishment on a site and to direct persons to various activities and enterprises in order to provide for maximum public convenience;

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

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

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

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

      6.   Provide criteria for signs to ensure the development of a high quality visual environment. (Ord. 806-15, 1-20-2015)

   (A)   Compliance Required:

      1.   No person, business, organization or entity of any kind whatsoever shall place, erect or maintain, or cause or allow to be placed, erected or maintained, any sign or sign structure, contrary to or in violation of any of the provisions of this chapter.

      2.   Any sign or sign structure, which is being displayed or is being poorly maintained in violation of the provisions of this chapter, shall be taken down, removed or altered to comply with the provisions of this chapter. It shall be the responsibility of the owner, agent or person having the beneficial use of the building or structure or land upon which such sign or sign structure may be found to take down, remove or alter the sign or sign structure to comply with the provisions of this chapter.

   (B)   Sign Permits And Review:

      1.   Permits Required: No sign or sign structure shall be placed, erected or maintained within the city without prior issuance of a sign permit, unless such sign is specifically exempted by this title or by other city ordinances. Building and electrical permits may also be required. Signs or sign structures placed, erected or maintained without all required permits, and not exempted by this title or by other city ordinance, shall be deemed illegal.

      2.   Permit Applications: Applications for sign permits or for approval of planned sign programs shall be made on forms provided by the planning department and shall be accompanied by plans and exhibits as required. Upon receipt of a sign application, the planning director shall inform the applicant as to the completeness of the submittal and of additional materials required, if any. No sign application shall be forwarded to the appropriate reviewing authority for approval, approval subject to modifications or denial, until the applicant has submitted a complete application.

      3.   Review And Decision: The reviewing authority shall determine if the proposed sign or planned sign program conforms to the provisions of this chapter and shall accordingly approve, approve subject to modifications and/or conditions, or deny the sign application.

   (C)   Written Authorization: Written authorization shall be required from the owner or authorized agent of the premises prior to placing, erecting or maintaining a sign or sign structure on any property.

   (D)   Review Responsibilities:

      1.   Planning Director:

         (a)   All initial planned sign programs.

         (b)   Freestanding directional signs (e.g., parking lot entry signs) over four (4) square feet in area and four feet (4') in height.

         (c)   Any sign requiring a sign permit as required by the provisions of this title.

      2.   Planning Commission:

         (a)   Sign variances.

         (b)   Where signage is part of a development application requiring planning commission review and approval.

   (E)   Interpretations: In all sign applications, where a matter of interpretation arises, the more specific definition or the more rigorous standard shall prevail. Whenever the planning director determines that the application of any provision for this chapter is uncertain, the issue shall be referred to the planning commission for determination.

   (F)   Appeals: Appeals to decisions regarding signs shall be filed and reviewed pursuant to the provisions of section 6-2-19 of this title, except that the planning commission shall consider appeals of all staff decisions upon receipt of any such appeal.

   (G)   Variances: Variances from the requirements of this chapter shall be in accordance with the provisions of section 6-2-6 of this title. In addition to the findings specified in section 6-2-6 of this title, the following additional findings shall be made prior to approving a variance for signs:

      1.   The site has a unique character or features that cause visibility problems, thus causing undue economic burden or business hardship; and

      2.   No other proposed signing alternative or design would be feasible or would provide reasonable signage in accordance with this chapter; and

      3.   The proposed sign does not create a traffic hazard; and

      4.   The proposed sign does not create a visual blight to the community; and

      5.   The proposed sign does not adversely affect adjacent properties; and

      6.   The proposed sign is in compliance with the provisions of this title in regard to regulations apart from those imposed by this chapter.

   (H)   Illegal Signs:

      1.   Specified: The following signs and sign structures shall be considered illegal:

         (a)   Unsafe Signs Or Sign Structures: A sign or sign structure shall be deemed unsafe if determined by the building official to be a danger or to create a potential hazard to the public.

         (b)   Abandoned Signs And Sign Structures: A sign or sign structure which, for a period of thirty (30) days or more, does not advertise or identify an ongoing business, business product or service available on or off the premises where the sign or sign structure is located, shall be deemed abandoned.

         (c)   Illegally Erected Signs And Sign Structures: A sign or sign structure shall be illegally erected if it violates any provision of this chapter, including, but not limited to, a sign or sign structure which does not have required permits, or a sign or sign structure which has been erected without first complying with all ordinances and regulations in effect at its time of construction and erection or use. No sign or sign structure that was placed or erected in violation of any previously existing sign ordinances or regulations, by virtue of adoption of this chapter, shall become conforming or legal.

      2.   Nuisance Declared: All illegal signs and sign structures are hereby deemed to be nuisances.

   (I)   Prohibited Signs And Sign Structures: The following types of signs are prohibited in the city:

      1.   Signs or sign structures having any animated, moving or rotating parts, except for signs or sign structures which have historical marketing significance unique to a profession, rather than an individual business, such as barber poles, including signs that have alternating messages that change more than once every five (5) minutes. Notwithstanding the above, time and temperature displays may be permitted in commercial and industrial zone districts.

      2.   Flashing or otherwise light animated signs which contain or are illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.

      3.   Signs which make sounds.

      4.   Signs or sign structures which by color, wording, design, location or illustration resemble, obscure, imitate or otherwise limit the effectiveness of traffic control signs or devices.

      5.   Signs or sign structures which create a potential safety hazard by obscuring a clear view of pedestrian or vehicular traffic.

      6.   Balloons and/or other inflatable signs, tethered or not, used to draw attention to a use or event, unless expressly permitted in this chapter.

      7.   Flags, pennants, streamers, spinners, festoons, windsocks, valances or similar displays, temporary or permanent, unless expressly permitted in this chapter.

      8.   Movable or portable signs or sign structures, including signs attached to or painted on trailers or vehicles parked on public or private property for the purpose of gaining unauthorized sign area.

      9.   Signs or sign structures drawn or painted onto or otherwise affixed to trees or rocks, or onto other landscape or hardscape areas.

      10.   Building mounted signs or sign structures placed on or above the eave line of a pitched or mansard roof, or above the top of a wall of a building with a flat or parapet roof.

      11.   Off site advertising signs and displays.

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

      13.   Any sign or sign structure not specifically permitted in this chapter.

      14.   Any sign that projects more than twelve inches (12") from a building wall, unless expressly permitted in this chapter.

   (J)   Enforcement: It shall be the duty and authority of the planning director to enforce the provisions of this chapter. (Ord. 806-15, 1-20-2015)

The following design criteria shall be used by the planning director in order to determine if a proposed sign is consistent with the intent of this chapter:

   (A)   Identification: Major identification signs shall serve primarily to identify the name or type of business or other land use.

   (B)   Architectural Context: Sign design shall harmonize with the architectural design and details of the building it serves, with other signs on the building, with the building's surroundings, and with the business or other activity that the sign identifies. Further, signs shall not cover or obstruct significant architectural elements.

   (C)   Design Elements: The following design elements shall be addressed:

      1.   Materials: Creativity in use of materials is encouraged. Durable materials, which are compatible in appearance with the building supporting or identified by the sign, shall be used.

      2.   Colors: Sign colors should harmonize with the building it serves and with adjacent landscaping and buildings.

      3.   Letter Style: Simple lettering styles should be used for ease of identification. Legibility should take priority over complexity in the design of the sign face.

      4.   Illumination: Illuminated signs shall be lighted to the minimum level required to ensure adequate nighttime readability. Specific illumination levels shall be in accordance with this title.

      5.   Landscaping: Freestanding signs shall be located in a landscaped area, which shall flank all sides of the sign, and is of a shape, design and size equal to at least the area of the sign face and shall be in scale with the overall proportions of the sign and its support structures.

      6.   Detraction From Other Signs: Signs should not detract from the visibility of other signs on or adjacent to the site where the sign is placed.

      7.   Trademarks: Registered trademarks may be permitted as design elements.

   (D)   Sign Area Measurement: For the purpose of this chapter, "sign size" shall mean the sign area. Such area shall be more specifically defined as follows:

      1.   Sign Area: "Sign size or area" shall be defined as the entire area of the sign face, including nonstructural perimeter trim and excluding architectural detailing, support structures and/or uprights on which the sign is supported.

      2.   Window Signs: "Window area" shall be computed by calculating each window pane or panel. The area shall be separate for each building face and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches (6") apart.

      3.   Building Mounted And Wall Signs With Individual Letters: The area of building mounted or wall signs composed of individual letters affixed to a building or wall shall be considered to be the aggregate area within a maximum of three (3) rectangular figures which enclose and connect the extreme limits of up to three (3) message areas consisting of any writing, representation, emblem or any figure, or similar character.

      4.   Wall Sign Panel: If a sign panel is inserted into or onto a wall, the area of the panel shall be considered to be the sign area.

      5.   Double Faced Signs: If a sign has sign faces, which are placed back to back, no more than two feet (2') from one another, its sign area shall be considered to be the area of the larger face if the two (2) faces are of unequal area. If, for example, the maximum permitted sign area is twenty (20) square feet; a double faced sign may have an area of twenty (20) square feet on each face.

      6.   Three-Dimensional Signs: If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is five (5) square feet.

      7.   V-Shaped Signs: If a sign is V-shaped, with an angle between two (2) adjoining faces, its sign area shall be the sum of the areas of the two (2) sign faces.

      8.   Separated Panel Signs: The sign area of separated panel signs (those signs having empty spaces between copy panels) shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

      9.   Signs Painted On Buildings: Any sign painted on a building shall be included in the calculation of the total sign area for the site upon which it is placed. Painted signs shall be of similar high quality and durability as fabricated signs. Painted signs shall be regularly maintained, repainted and touched up over time as it fades and is damaged by weather, sun and other natural elements.

   (E)   Sign Height Measurement, Freestanding Signs: Sign height for freestanding signs shall mean the greatest vertical distance, between the top of the sign, including any accompanying architectural features of the sign, and the finished grade of the property it serves.

   (F)   Sign Location:

      1.   Designated In Table: Signs shall be located in accordance with the provisions for each land use district, type of development or type of sign, as designated in section 6-15-4, table 15.A of this chapter.

      2.   No Off Site Signs: All signs shall be located on the same premises as the land use or activity identified by the sign, unless the provisions of this chapter expressly permit the off site location of a sign.

      3.   Utility Lines: No sign shall be located closer to overhead utility lines than the distance prescribed by California law, or by the rules duly promulgated by agencies of the state, or by the applicable public utility.

      4.   Traffic Safety: No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

      5.   Public Right Of Way: No sign shall be located within, over or across a public right of way, except as expressly permitted in subsection 6-15-2(I)12 of this chapter. (Ord. 806-15, 1-20-2015)

   (G)   Sign Illumination:

      1.   Illumination Levels: A sign permit shall be required to adjust a sign's illumination level if it is determined to be excessive as the result of the city's evaluation. Illumination shall be considered excessive if it is substantially greater than the illumination of other nearby signs, if it interferes with the visibility of other signs or with the perception of objects or buildings in the vicinity of the sign, if it directs glare toward streets or motorists, or if it adversely impacts nearby residences or neighborhoods. The maximum illumination level for fluorescent lamps shall be four hundred thirty (430) mill amperes. Illumination levels shall be indicated on the sign plan.

      2.   Externally Illuminated Signs: The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties. Externally illuminated signs shall be subject to illumination level review.

   (H)   Sign Maintenance: Every sign, sign structure, wall surface surrounding such sign and ground mounted area within the city shall be maintained in good, safe structural and physical condition. All signs, together with supports, braces, guys, anchors and electrical components, shall be kept in safe, presentable and good structural condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The planning director may order the repair or removal of any sign determined by the building official to be unsafe, defective, damaged or substantially deteriorated.

   (I)   Language: In the event that a substantial amount of the sign copy area uses a language other than English as the primary language, such sign shall be worded both in English and the primary language or languages involved. Additional sign copy area shall not be provided to accommodate multiple languages.

   (J)   Signs On Vehicles: Signs are allowed on vehicles, without sign permits, when they are painted or attached directly to the vehicle so as to not extend or project beyond the vehicle's original profile. Signs, which are painted on or attached to a vehicle, must be incidental to the vehicle's primary purpose of transporting people or goods on the public right of way, and the vehicles may not be used primarily for advertising purposes. Signs on vehicles may not include arrows or other directional devices, the purpose of which is to direct those who observe such signs to a particular place of business. Such vehicles include, but are not limited to, government or utility company vehicles and construction equipment, company vehicles, oil field/construction work trucks, cranes and equipment, food, parcel or other delivery vehicles. (Ord. 806-15, 1-20-2015)

Table 15.A of this section identifies signs that are permitted in each zone district. In addition to the regulations contained in table 15.A of this section, all signs must be in conformance with all other provisions of this title.

   TABLE 15.A

   SIGN REGULATIONS BY LAND USE CATEGORY

 

Note:

   1.   Monument sign may exceed maximum height requirement if approved by the planning commission.

(Ord. 806-15, 1-20-2015)

The following signs shall be exempt from the sign review permit requirements, and shall be permitted subject to the limitations contained in this chapter. However, a building permit may be required.

   (A)   Temporary Political Signs:

      1.   Defined: A "temporary political sign" is defined as any noncommercial sign that indicates any one or a combination of the following:

         (a)   The name and/or picture of an individual seeking election or appointment to a public office.

         (b)   Relates to a forthcoming public election or referendum.

      2.   Placement Requirements: Placement of all temporary political signs shall comply with the following requirements:

         (a)   The maximum size of individual temporary political signs allowable in any zone district shall be as follows:

(1) Single family residential: Six (6) square feet.

(2) Multi-family residential: Twelve (12) square feet.

(3) Commercial and industrial districts: Thirty two (32) square feet.

         (b)   Candidates, campaign committees and other persons shall endeavor to place or post temporary political signs no sooner than forty five (45) days before an election. Any such signs shall be removed within fifteen (15) days after an election to which the sign relates.

         (c)   Temporary political signs shall comply with the provisions of subsection 6-15-2(I), "Prohibited Signs And Sign Structures", of this chapter, excepting subsection 6-15-2(I)11 of this chapter.

         (d)   Temporary political signs shall be located on private property only. No such sign shall be located in the public right of way, or on any object located in the public right of way including, but not limited to, trees, fence posts and utility poles.

         (e)   No temporary political signs shall be permitted that is in violation of this chapter.

         (f)   No temporary political sign may be placed in a location that hides from view any official traffic control devices.

         (g)   No sign permit or fee shall be required for temporary political signs.

         (h)   Any temporary political sign in violation of this chapter shall be deemed a nuisance and shall be abated pursuant to section 6-15-12 of this chapter and section 6-1-5 of this title.

   (B)   Residential Real Estate Signs: Real estate signs up to a maximum of six (6) square feet in area and, if freestanding, a maximum of five feet (5') in height, shall not require a sign permit. One real estate sign shall be permitted per street frontage of a lot. Such signs shall be permitted to remain while property is in escrow but shall be removed when the property referred to is no longer for sale, rent or lease.

      1.   Riders: Riders which provide additional information about the property, such as "sale pending", may be attached to the primary sign or signpost as long as the total sign area does not exceed the maximum area allowed.

      2.   On Premises Open House: Freestanding, on premises, "open house" signs with a maximum area of three (3) square feet and a maximum height of three feet (3') shall be permitted within the hours of nine o'clock (9:00) A.M. and sundown daily.

      3.   Off Premises Open House: Freestanding, off premises, directional "open house" signs with a maximum area of three (3) square feet and a maximum height of three feet (3') shall be permitted between the hours of nine o'clock (9:00) A.M. and sundown daily. Prior to placing such a sign on any property, authorization is required from the owner of the property where the sign is to be located.

   (C)   Temporary Garage/Yard Sale: One double faced sign, no more than six (6) square feet in area and four feet (4') in height, is permitted without a sign permit. Such signs may be placed only on the premises where the garage/yard sale is being held and shall not be placed on public property or within a public right of way. Such sign may be placed twenty four (24) hours prior to the sale and must be removed immediately following the sale.

   (D)   Holiday Window Painting: Decorative window painting in connection with a specific holiday is permitted without a sign permit; provided, that the painting contains no commercial messages. Such painting may remain on the window no more than forty five (45) days, after which all window painting in connection with said holiday must be removed.

   (E)   Temporary Window Signs: Temporary window signs that are in compliance with the provisions of this chapter are permitted in the commercial and industrial zone districts; however, no such sign, or combination of signs, whether promotional, permanent or any other type of sign, shall exceed thirty percent (30%) of the glazed area of any window.

   (F)   Temporary Posters: Temporary posters for future limited term events, which are to be held within thirty (30) days of the placement of such poster, shall be permitted without a sign permit. Such posters may be off premises. If placed in a window, the posters may not exceed fifteen percent (15%) aggregate of the window area in which they are placed.

   (G)   On Site Construction Announcement Signs: On site construction announcements signs, including names of the development, architect, contractor, etc., up to a maximum thirty two (32) square feet in area without a sign permit and, if freestanding, not exceeding six feet (6') in height, no more than three (3) such signs shall be permitted on each main street per parcel. Such signs shall be erected after the issuance of the building permits for the subject parcel and shall be removed upon issuance of the first occupancy certificate for the project referred to on the sign.

   (H)   Flags And Flagpoles:

      1.   Residential Uses: Any number of flags of a noncommercial nature are allowed.

      2.   Nonresidential Developments:

         (a)   A total of three (3) flags may be displayed, inclusive of official flags and flags of a commercial nature, except that additional official flags may be allowed with a sign permit. Official flags are flags of any nation, state, county, city or other noncommercial organization, and do not require a permit.

         (b)   Subject to approval of a sign permit, a maximum of two (2) flags of a commercial nature may be displayed on vertical poles; each such flag shall be no larger than four feet by six feet (4'x6') in size.

         (c)   When a sign permit is required for a flag, said permit may be approved if the planning director finds the flag complements the design of the development where it is to be displayed.

      3.   Flagpole: Flags shall be displayed on poles manufactured for such purpose. Flagpoles may be erected not less than ten feet (10') from any property line. The height or the top of each flagpole shall not exceed the maximum building height for the zone in which it is located.

      4.   Maintenance; Location: Flags shall be maintained in good condition and shall not extend beyond the property line of the property on which they are located.

   (I)   A-Frame And Sandwich Board Signs: A-frame, sandwich board and similar signs are permitted without a permit, subject to the following standards:

      1.   Copy Area: Sign copy area shall be limited to six (6) square feet with an overall maximum height of four feet (4').

      2.   Location: Signs shall be within fifteen feet (15') of the main entrance of the business.

      3.   Clear Path Maintained: Signs shall not block a sidewalk or other pedestrian path of travel. Businesses shall maintain a minimum four foot (4') clear path of travel for pedestrians around the sign and to the main entrance.

      4.   Prohibited Locations: Signs shall not be located within the street, sidewalk turf or tree planters, or within on site or street parking spaces. (Ord. 806-15, 1-20-2015)

   (A)   Permit Required: No temporary sign, or display of any kind, shall be permitted, except as specifically allowed by this chapter. A temporary sign permit, on forms provided by the planning department, must be obtained prior to installation of a temporary sign.

   (B)   Limitations Of Temporary Signs: A temporary sign may be approved for a period of time, as specified in this section, for multiple-family residential, commercial and industrial uses. The signs may be used to promote the sale of new products, new tenant, new management, new hours of operation, a new service, or to promote a special sale. Any business or property owner desiring to use a temporary banner sign must file an application with a drawing or photograph demonstrating the sign appearance with the planning department for review and approval. The use of such signs is subject to the following limitations:

      1.   Number Permitted: No more than one sign shall be permitted per activity or business, per elevation facing a street right of way or parking lot.

      2.   Design: The sign shall be a temporary sign designed either as a wall sign, window sign or ground sign. The sign can be in the form of a banner, flag, blow flag or pennant.

      3.   Size; Height: The sign shall not exceed fifty (50) square feet and shall be posted below the roof. In the case of a ground sign, the height of the sign shall not exceed eight feet (8').

      4.   Display Period: The sign shall be limited to a maximum display period of sixty (60) days.

      5.   Display Criteria: The following temporary sign display criteria shall apply:

         (a)   All temporary signs shall be constructed of durable material that will not deteriorate during the time period in which the banner is displayed. Temporary banners which become frayed, torn, faded, or showing similar signs of fatigue or failure shall be deemed to be in violation of these provisions.

         (b)   Temporary signs shall be securely affixed, on a minimum of four (4) corners, on the facade of the building where the business is located.

         (c)   Temporary signs shall not be affixed to fences, light poles, trees, extended over parking and/or landscaped areas or other similar techniques.

         (d)   No temporary signs shall be affixed on, within or over any public right of way.

   (C)   Grand Opening Signs: A grand opening sign may be approved for a period of time, as provided in this subsection, in any multiple-family residential, commercial or industrial zoning district to advertise a new business or a change of business name following a closure. Any business or property owner desiring to use a grand opening sign must file an application, together with a drawing or photograph, to the planning division for review and approval by the planning director or designee. An application must be made either prior to opening or within the first sixty (60) days of operation. The use of such signs is subject to the following limitations:

      1.   Devices Permitted: Grand opening signs include any combination of signs, banners, pennants, balloons, streamers, beacons or other advertising device.

      2.   Design: Grand opening signs shall be a temporary sign designed either as a wall, window or ground sign.

      3.   Size; Height: Grand opening signs shall not exceed fifty (50) square feet and shall be posted below the roof eave. In the case of a ground sign, the height of the sign shall not exceed eight feet (8').

      4.   Prohibited Signs: Roof mounted signs and advertising devices are prohibited.

      5.   Display Period: The sign shall be limited to a display period not to exceed thirty (30) days prior to opening and sixty (60) days after opening, for a total display period of ninety (90) days.

   (D)   Special Event Signs: Special event signs may be approved for a limited period of time in any zoning district as a means of publicizing special events, such as carnivals, festivals, pumpkin patches, charitable events, Christmas tree lots and similar events, in conjunction with a special event permit. To apply for approval of special event signs, any business or property owner must submit an application with the city planning division, which describes the proposed sign by means of a sketch and the display dates for review and approval by the city manager or designee. Such special event signs shall be limited to the following provisions:

      1.   Devices Permitted: Special event signs include any combination of signs, banners, pennants, balloons, streamers, beacons or other advertising device.

      2.   Design: Special event signs shall be a temporary sign designed either as a wall, window or ground sign.

      3.   Size; Height: All special event signs shall not exceed fifty (50) square feet and shall be posted below the roof eave and shall be no higher than eight feet (8') in the case of a ground sign.

      4.   Time Period: Special event signs shall be limited to the time periods stipulated in an approved special event permit.

   (E)   Temporary Balloon Signs: Temporary balloon signs may be permitted subject to the following conditions:

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

      2.   Number: Each building or business shall be permitted one temporary balloon sign for a maximum of two (2) occasions per calendar year with a maximum duration of fourteen (14) days for each permitted use, or four (4) such occasions, per calendar year, with a maximum duration of seven (7) days for each such permitted use. Hot air balloons shall be permitted for a maximum of one occasion per calendar year, with a maximum duration of three (3) days. Longer durations may be approved by the planning commission.

      3.   Size; Height: The maximum height of any balloon sign shall not exceed fifty five feet (55'), measured from ground elevation, and the maximum size of any balloon shall not exceed twenty feet (20') in any dimension. A balloon sign may exceed the maximum dimensional requirement, upon approval of the planning commission, provided such balloons maintain a minimum twenty foot (20') setback from any building and a ten foot (10') setback from any property line.

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

      5.   Anchoring: All balloon signs shall be securely anchored and erected in conformance with all applicable building, electrical, sign and fire codes, subject to approval by the planning director.

      6.   Hydrogen Type Prohibited: All hydrogen type balloons shall be prohibited.

      7.   Construction Materials: All temporary balloon signs and tie downs shall be constructed of nonconductive electric material. (Ord. 806-15, 1-20-2015)

The planning director shall review and may issue sign permits for churches, daycare centers, nursing homes and similar uses in any land use district as follows:

   (A)   Identification Sign:

      1.   Number: One building mounted sign and one monument sign per street frontage shall be permitted which identifies the main activity and the accessory activity or use on the site. Said sign shall be building mounted or a freestanding sign structure.

      2.   Freestanding Signs: The freestanding sign may be permitted if the planning director makes any one of the following findings:

         (a)   A freestanding sign structure is necessary to provide adequate identification of the institution to motorists.

         (b)   The building is set back from the street or obscured from street view by structures or vegetation such that building mounted signage cannot provide adequate access.

         (c)   The architectural style, materials or other design elements are such that a building mounted sign is not feasible or would detract from the building's appearance.

   (B)   Sign Standards:

      1.   Building Mounted Signs:

         (a)   Shall be a maximum of twenty four (24) square feet in area for churches and other institutional uses on sites of one acre or less and thirty two (32) square feet in area for all sites greater than one acre.

         (b)   Shall be placed below the eave line of buildings with a pitched or mansard roof and below the top of the wall for buildings with a flat or parapet roof.

      2.   Monument Sign: Shall be a maximum of six feet (6') in height and a maximum of forty eight (48) square feet in area.

   (C)   Attraction Board: Attraction boards shall provide a means to communicate future events or activities on a site. One attraction board shall be permitted per site and shall be a maximum of twelve (12) square feet in area on sites of one acre or less and eighteen (18) square feet in area for all sites greater than one acre in size. Attraction boards may be individually wall mounted or may be incorporated within an approved monument sign. (Ord. 806-15, 1-20-2015)

The planning director shall review and may approve a sign permit for a planned sign program for any new business park, industrial complex, shopping center, office complex or retail center as follows:

   (A)   Eligible Businesses: Any building, business park, shopping center or other contiguous group of businesses are eligible for consideration of a planned sign program.

   (B)   Frontage, Site Size: No minimum frontage or site size is required.

   (C)   Common Design Elements: Signs within the planned sign program shall have one or more common design elements, such as colors, materials, illumination, sign type, sign shape, letter size and letter type.

   (D)   Harmony With Buildings: The sign program shall specify signs in harmony with the materials, colors, architecture and other design features of the buildings they identify.

   (E)   Findings For Approval: The planning director may approve a planned sign program upon finding that:

      1.   The signs will not adversely affect other nearby properties.

      2.   It is consistent with the general plan and the provisions of this title.

      3.   It will not constitute the granting of a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

   (F)   Reviewing Authority:

      1.   Initial planned sign programs shall be reviewed by the planning director.

      2.   Signs, which are consistent with approved planned sign programs, shall be reviewed by the planning director. (Ord. 806-15, 1-20-2015)

   (A)   Public Safety, Access: Signs required by law for public safety or access, such as "Exit" or "Fire Escape" shall be a maximum of two (2) square feet or such other size as required by law and shall not require a sign permit.

   (B)   Hazard Warning: Signs warning of building, electrical, mechanical or other hazards, such as "High Voltage", shall be a maximum of four (4) square feet. (Ord. 806-15, 1-20-2015)

The following kiosks, on site subdivision and on site commercial real estate signs may be permitted in any land use district as follows:

   (A)   Temporary On Site Subdivision Signs: The planning director shall review and may approve temporary sign permits for temporary on site subdivision signs for each main street frontage of the subdivision being subdivided. Signs shall be for the identification of the property being subdivided, price information and the developer's name, address and telephone number. Said signs shall comply with the following standards:

      1.   Size; Height: Shall not exceed thirty two (32) square feet in area and fifteen feet (15') in height.

      2.   Number; Location: Shall not exceed three (3) such signs for all such phases of any subdivision and shall not be located on interior streets of the subdivision. Three (3) additional signs per builder may be approved by the planning director for each merchant builder for residential developments within planned communities and shall be located within the site boundaries of the planned community.

      3.   Removal: Shall be removed within ten (10) days from the final initial sales of the subdivision.

      4.   Illumination: Shall not be illuminated.

   (B)   On Site Commercial Real Estate Signs: On site commercial real estate signs permitted without a sign permit as follows:

      1.   Size; Height: Shall not exceed thirty two (32) square feet in area and fifteen feet (15') in height.

      2.   Number: Shall not exceed one per street frontage or a total of three (3) per site.

      3.   Removal: Shall be removed within ten (10) days from the final sale or lease of the subject property or building.

      4.   Illumination: Shall not be illuminated.

   (C)   Kiosks:

      1.   Scope: The planning commission shall review and may approve agreements between the city and applicants for off site business kiosks and subdivision kiosks for the advertising of businesses and subdivisions within the city. The business and kiosk sign program shall be treated as separate kiosk sign programs. All liabilities, costs and/or expenses arising out of the location, installation and construction of off site business or subdivision kiosks shall be borne by said applicant, subject to provisions of any contract entered into between the city and the applicant.

      2.   Requirements For Approval: The planning director shall review and may approve sign permits for off site business kiosks and subdivision kiosks subject to approved agreement as follows:

         (a)   May be located either in or out of the public right of way.

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

         (c)   No kiosk shall contain more than a total of eight (8) business or subdivision sign panels per sign face.

         (d)   Shall be a maximum of thirty two (32) square feet in area and fifteen feet (15') in height.

         (e)   Sign panels shall be no more than nine inches (9") in width and five feet (5') in length.

         (f)   Sign panels may include any or all of the following information: name of business or subdivision, business or subdivision logo, no more than three (3) colors and directional arrow.

         (g)   No pennant, flag, banner, streamer or other appurtenances may be affixed to any kiosk.

         (h)   Placement of kiosks shall be subject to approval of the owner of underlying land (i.e., public works director for signs within the public right of way) and record owner for all other sites. Written authorization shall be filed with the planning director prior to erection of any kiosk sign.

         (i)   Shall be located not less than six hundred feet (600') from an existing kiosk site or previously approved but not erected kiosk site for the same type of kiosk program, e.g., business subdivision.

         (j)   Shall be located not less than fifty feet (50') from an intersection unless specifically authorized by the public works director.

   (D)   Off Site Real Estate Signs: Off site real estate signs, advertising the location and sale of a residential subdivision on property other than the location of the subject subdivision, may be permitted upon approval by the planning commission subject to, at a minimum the following requirements:

      1.   Detailed Description: The applicant shall, prior to any such approval by the planning commission, submit to the planning department a detailed description of the location, design, materials, colors, copy, size and height of any such off site signs.

      2.   Size; Height: The size of the sign shall be a maximum of thirty two (32) square feet in area and fifteen feet (15') in height.

      3.   Fixtures: No pennant, flag, banner, streamer or other appurtenance may be affixed to any such sign.

      4.   Location To Intersection: The sign shall be located not less than fifty feet (50') from an intersection unless specifically authorized by the public works director.

      5.   Approval Of Owner: Placement of the sign shall be subject to approval of the owner of the underlying land (i.e., the public works director for signs within the public right of way) and the record owner for all other sites.

      6.   Distance To Existing Sign: The sign shall be located not less than three hundred feet (300') from an existing off site sign previously approved but not yet erected. (Ord. 806-15, 1-20-2015)

   (A)   Conditions Permitting: Except as otherwise regulated by state or federal law, any sign lawfully in use as of August 5, 2008, but made nonconforming thereby, shall be permitted, as though it were not a nonconforming sign, providing any of the following conditions exist:

      1.   Message: The primary message of the sign relates to the business being conducted on the premises upon which the nonconforming sign is located.

      2.   Size, Area, Height: The size, copy area or height of the nonconforming sign does not exceed the limits set forth in this chapter by more than five percent (5%).

      3.   Projection: Projection of the nonconforming sign over a public right of way does not exceed one foot (1').

      4.   Destruction: Not more than fifty percent (50%) of the nonconforming sign is destroyed by any means.

      5.   Applicability; Ownership: The business to which the nonconforming sign applies remains unchanged and under the same ownership and is kept in a state of good repair, both aesthetically and structurally.

      6.   Billboards: Billboards, existing as of July 15, 2008, provided they are kept in a state of good repair, both aesthetically and structurally.

      7.   Roof Signs: All roof signs and signs with a roof like appearance, existing as of November 26, 1997, are permitted to remain as long as they are safe and properly maintained.

Nonconforming signs that do not comply with any one of the above conditions are not exempted under the provision of this subsection and will be subject to the amortization schedule depicted in subsection (B) of this section.

   (B)   Amortization Of Nonconforming Signs: Any sign, which is nonconforming to the requirements of this chapter, except, as provided in subsection (A) of this section, shall either be removed or made to conform to the requirements of this chapter at the expense of the sign owner within the period of time prescribed herein. The period of time to comply with the provisions of this chapter shall commence on August 5, 2008 (ordinance 768-08). Such nonconforming signs may be abated forthwith by the city in a manner consistent with the following schedule:

 

   (C)   Repair Of Nonconforming Signs: Alterations or modifications to any nonconforming signs are prohibited, except for structural repair resulting in the same size or shape of the original sign. This provision is not intended to prevent any nonconforming sign to be altered in such a manner that it becomes a legal, conforming sign.

   (D)   Removal And Abatement Of Nonconforming Signs: The city may cause written notice, ordering the removal of nonconforming signs or displays, or for their compliance in accordance with the provision of this chapter.

      1.   Notice: Such notice shall be delivered either in the manner required by law for service of a summons or by first class certified mail, postage prepaid, upon the owner of the property upon which the nonconforming sign to be abated is located, as shown on the latest equalized assessment rolls on file in the office of the county assessor of Kern County, or to any other parties of interest as may be known to the city.

      2.   Time Limit For Removal: Such nonconforming signs shall be removed or altered in conformance with the provisions of this chapter within ninety (90) days of receipt of such notice. (Ord. 806-15, 1-20-2015)

   (A)   Compliance: Except as otherwise specifically provided in this chapter, any person violating any provisions or failing to comply with any of the mandated requirements of this chapter is guilty of an infraction. The general penalty for such infraction shall be as set forth in section 6-1-5 of this title.

   (B)   Abatement: In addition to the penalties provided in this title, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city as such. Each day such condition continues shall be regarded as a new and separate offense.

   (C)   Cumulative Remedies: All remedies herein are stated to be cumulative and nonexclusive.

   (D)   Removal: Any sign not in compliance with subsection 6-15-2(I)12 of this chapter that is placed in a public right of way shall be removed by the city, public utility company or any other public agency in whose right of way signs, temporary or permanent, are placed. Signs removed by the city may be claimed at the city public works department following a period of thirty (30) days from the date of said sign removal. (Ord. 806-15, 1-20-2015)