1. Permanent canopy structures are prohibited in the front yard area.

1. Permanent canopy structures are prohibited in the front yard area.

2. Temporary canopies and tents of any size may be erected in any location with the exception of the front setback and/or street side setback areas, for a period of not more than three days.

1. Permanent canopy structures are permitted in the rear yard area only, subject to issuance of a site plan review approval.

2. Temporary canopies and tents of any size may be erected in any nonresidential zone in any location on a lot subject to the issuance of a temporary use permit.

3. Decorative awnings constructed as a component or feature of an overall architectural design are allowed as an architectural projection. Awnings that project over a public right-of-way shall be subject to issuance of an encroachment permit. (Ord. 706 § 3 (Exh. A), 2019).

1. Fencing or wall materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. The planning director, through the site plan review process, may make exceptions to the use of prohibited materials as shown in subsection (A)(7) of this section, based on architectural design and compatibility with surrounding development.

2. Fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall except as allowed in subsection (A)(3) of this section.

3. Where there is a difference in grade between adjoining property boundaries, a fence or wall height shall be measured from the higher of the two adjoining property grades so that the higher property may still achieve a six-foot to seven-foot fence or wall height. Such condition may require the fence or wall to be combined with a retaining wall (see Table 3-1).

4. Temporary construction fencing that is of a chain link or wire type may be allowed within the front and street side setback areas with the issuance of a temporary use permit.

5. All fences and walls shall be subject to the height limitations described in Table 3-1, Fence and Wall Heights/Setbacks. The community development director, through the site plan review process, may make exceptions to the height limitations as shown in Table 3-1, based on architectural design and compatibility of surrounding development.

6. The corner lot street side setback for a fence or wall shall be three feet (see Table 3-1, Fence and Wall Heights/Setbacks).

7. Prohibited materials shall include:

1. Outdoor lighting shall use energy-efficient (high pressure sodium, low pressure sodium, compact fluorescent, LED, or other lighting technology of equal or greater energy efficiency) fixtures/lamps.

2. Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.

3. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.

4. Lighting fixtures shall incorporate full-cutoff features to avoid glare and up-light. (Ord. 706 §3 (Exh. A), 2019).

1. Mechanical equipment shall be located within the building or ground mounted, and if ground mounted shall be screened from public view.

2. All residential air conditioning units shall be ground mounted and screened from public view.

3. Electrical boxes, gas meters, landscape irrigation equipment, and similar utility boxes shall either be painted to match the structure or screened by landscaping from public view. (Ord. 706 §3 (Exh. A), 2019).

1. Where commercial or industrial property adjoins a residential zone, a six-foot high solid concrete block or masonry wall shall be located on the property line except in a required front yard, or the street side setback of a corner lot.

2. Approved uses that are not conducted entirely within a completely enclosed structure, on a site across a street or alley from a residential district shall be screened by a concrete block or masonry wall and be landscaped along the frontage of the wall to a height to be determined by the planning director. No materials or equipment shall be stored to a height greater than that of the wall or fence.

3. In a C-N, C-O, C-R, C-H and C-D district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, and garden shops.

4. Where commercial or office uses are so situated abutting property zoned for single-family residential use, the second story of the structure to be occupied as a commercial or office use shall be designed to limit visibility onto the adjacent residential property.

5. For industrial developments utilizing outside storage, the areas devoted to outside storage shall be treated with a dust binder or other dust control measure, as approved by the planning director. Screening, if required due to adjoining residential uses, shall also be provided.

6. All trash receptacles shall be screened so that they are not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the planning director. (Ord. 706 §3 (Exh. A), 2019).

1. All setbacks shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line (See Figure 3-2, Setback Measurements).

2. Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure.

3. Side Setback, Interior. A side setback shall be measured at right angles from the nearest point on the interior side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the interior side property line, which extends between the front and rear setbacks.

4. Street Side Setback. A street side setback shall be measured from the nearest point on the side property line coterminous with the street side public right-of-way, establishing a setback line parallel to the public street right-of-way. The street side setback extends between the front setback and the rear property line.

5. Rear Setback. A rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line.

1. Where a front or street side “build-to-line” requirement is established by the applicable zoning district, a proposed structure shall instead comply with the build-to-line requirement.

A build-to-line specifies the required location of new structures with respect to the street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets and enhance the pedestrian experience.

2. Front Setback Averaging. Notwithstanding any of the minimum front yard setbacks required in all of the residential districts, the front yard minimum setback specified in these districts may be reduced where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet.

In such cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing buildings. In making this determination, buildings located more than thirty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted. In no case shall any building or structure be located within any planned future right-of-way.

1. The city shall not require approval for any solar energy system based on the approval of the system by an association, as that term is defined in Section 4080 of the Civil Code.

2. Ground-mounted systems shall conform to the setback requirements for the main structure and shall be located outside the front yard area to minimize their visibility from any public right-of-way.

3. Where practical, solar collector panels shall be roof mounted.

4. Roof-mounted collector panels shall be flush mounted at the same or as close as possible to the pitch of the roof, and where feasible, be placed in the location least visible from public streets, without reducing the operating efficiency of the collectors.

5. Equipment appurtenant to solar collectors, including electrical and related fixtures, shall be installed within a structure on which the collectors are mounted, and painted to match the building, where feasible, or shall be screened from public view.

6. A solar panel or module array shall not exceed the maximum permitted building height as set forth in this zoning code.

7. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories regarding safety. (Ord. 706 §3 (Exh. A), 2019).

1. Location on Property. Swimming pools, including walk-around areas or aprons, shall not be located within the front yard, side yard, or street side yard setback areas. Swimming pools shall be located a minimum of five feet from the rear property line. However, the walk-around/apron area may encroach two and one-half feet into the rear five-foot area. Swimming pool equipment shall not be located within a street side yard or front yard setback area. Pumps, heaters, and other noise producing mechanical equipment shall not be located within fifteen feet of a bedroom window on adjoining property. Swimming pools shall not be located closer than ten feet to any building unless stamped engineering calculations reviewed by the building official demonstrate that placement closer than ten feet will not compromise the structural integrity of that building or foundation.

2. Screening. The swimming pool area shall be screened from view on all sides by way of a six-foot high solid wood fence, solid masonry wall, or similar barrier. Perimeter fencing on a lot may suffice for this purpose upon review and approval by the planning director. Swimming pool equipment shall be shielded to prevent noise.

3. Lighting. Any outdoor lighting of the pool area shall be positioned and directed so that it does not illuminate adjoining property, and shall comply with the requirements of Section 17.30.050.

4. Noise. The swimming pool shall be operated so as not to create a noise nuisance.

5. Maintenance. Swimming pools shall be maintained to be in good working order so as not to create a health and safety hazard.

6. Filling/Emptying. Emptying and filling of a swimming pool shall conform to any council adopted water stage (see Chapter 13.22) during declared droughts or water emergencies by the city of Wasco.

7. Site Plan Review. Prior to the issuance of a building permit, a site plan depicting the location of the swimming pool, pool equipment, fencing, adjacent buildings, and property lines, shall be submitted to the planning department for review and approval. (Ord. 706 §3 (Exh. A), 2019).

1. Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side, or rear yard no more than three feet.

2. Open, unenclosed, covered porches, platforms or landing places or other structures which are open on two or more sides which do not extend above the level of the first floor of the building may extend into any front or rear yard not more than six feet (see Tables 2-4 and 2-5). No variance may be granted for enclosure of these porches, platforms or landings.

3. Notwithstanding any of the minimum front yard setbacks required in all of the residential districts, the front yard minimum setback specified in these districts may be reduced where lots comprising forty percent or more of the frontage on one side of a street, between intersecting streets, are developed with buildings having an average front yard with a variation of not more than ten feet, and that average front setback is less than the minimum front setback specified for the district. In such cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing buildings.

4. Carport and garage structures with alley access may extend into the rear yard setback up to ten feet, providing there is a minimum vehicular back-out distance of twenty-five feet from the carport or garage entrance. (Ord. 706 §3 (Exh. A), 2019).

1. At least ten percent of the total number of proposed units are for low-income households, as defined in Health and Safety Code Section 50079.5; or

2. At least five percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105; or

3. At least ten percent of the total number of dwelling units in a common interest development, as defined in Civil Code Section 1351(f) and (k), for households of moderate income, as defined in Health and Safety Code Section 50093; or

4. The project is a senior citizen housing development as defined by Civil Code Sections 51.3 and 51.12.

1. A reduction in the site development standards of this zoning code (e.g., site coverage, off-street parking, reduced lot dimensions and/or setback requirements);

2. Approval of mixed-use zoning not otherwise allowed in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or

3. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions.

1. The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or

2. The incentive or concession would have a specific adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. (Ord. 706 §3 (Exh. A), 2019).

1. Approval of an application for density bonus will require the developer to maintain the continued affordability of the designated lower-income units for a minimum of thirty years.

2. Density Bonus Agreement. In order to preserve long-term affordability, prior to issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the city’s standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the county recorder.

1. The project will be consistent with the general plan, except as provided by this chapter with regard to maximum density, density bonus, and any other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this section;

4. In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and

5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. (Ord. 706 §3 (Exh. A), 2019).

1. New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check, or design review; and

2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. (Ord. 706 §3 (Exh. A), 2019).

1. All areas within a required setback shall contain living groundcover or a combination of living and nonliving ground coverings as described below.

2. Trees.

3. Shrubs.

4. Mounding.

5. Parking Lots.

6. Turf.

7. Irrigation Plans.

8. Park Strips.

1. All new residential landscaping shall be installed in accordance with these standards and the State Model Water Efficient Landscape Ordinance as reflected in Appendix A* to the ordinance codified in this chapter.

2. New front yard landscaping shall include a minimum of two drought-tolerant shade trees from the city’s master street tree list.

3. A maximum of forty percent of the required front yard setback area may be paved for access to off-street parking or driveway access to off-street parking. An additional maximum of ten percent may be paved for walkways or uncovered patio use (See Figure 3-3).

4. Paved/hardscape courtyards are permitted in the front yard and may exceed the forty percent maximum paving requirement; provided, that there is a solid barrier preventing vehicular access to the courtyard area. Barrier screening for paved courtyard areas shall be located a minimum of five feet behind the back of the sidewalk and shall be no taller than four feet. Barrier screening materials shall be limited to natural stone, masonry or block walls, wooden fencing that is stuccoed to match the residence, and/or wrought iron fencing. The courtyard area shall have a minimum of twenty percent permeable paving materials to allow for water infiltration. Paved areas shall not drain onto adjacent properties. The area between the fence and sidewalk shall be landscaped with drought-tolerant plants and groundcover (See Figure 3-4 example).

5. Turf shall not exceed twenty-five percent of the total landscaped area of the lot.

6. All plant materials shall have a WUCOLS water rating of low or very low.

7. Living plant material shall provide coverage of not less than fifty percent of the landscaped area in front yards within one year of planting.

1. For parking lots containing six or more spaces landscape islands of a minimum area of eighty square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers and with a minimum of one fifteen-gallon tree planted in each island. Actual numbers of trees will be based on the size of the project as determined by the planning director.

2. All landscaping as required in this chapter shall be reviewed by the planning director as to the type, density of planting and size of plants intended for use. All landscaped areas shall be permanently maintained in good condition by the property owner.

3. All landscaped areas in commercial, industrial, and multifamily projects shall be surrounded with six-inch-high concrete curbing, unless waived by the site plan review committee.

4. All landscaping on public property and parks shall conform to standards adopted by the city of Wasco and Wasco recreation and park district.

5. Buffer planting shall occur along freeways and major arterials in order to visually screen uses and provide noise reduction. The landscaping shall be in addition to screening requirements set forth in this chapter. (Ord. 706 §3 (Exh. A), 2019).

1. Each required parking space shall be in a garage or carport located behind the required front setback or street side setback on a corner lot and shall be served by a driveway of no less than twenty feet in length.

2. A maximum of forty percent of the required front yard setback area may be paved for driveway access to off-street parking.

3. Each single-family residential unit requires two covered spaces, which must be accessed from a paved surface approved and designed to city of Wasco standards.

4. Each single-family dwelling unit that has street access shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet.

5. Parking for accessory dwelling units shall be provided in conformance with Section 17.40.010.

6. Each multifamily residential unit requires a minimum of two covered spaces.

7. Multifamily developments with four or fewer units shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet. Multifamily developments with five or more units shall have a drive approach a minimum of twenty feet in width with a minimum vertical clearance of fifteen feet.

8. Only parking of automobiles, pick-ups and motorcycles (collectively referred to herein as “motor vehicles”) is permitted on driveways leading to garage parking or other approved off-street parking spaces, or on an improved parking area abutting a driveway or improved parking area (See Figure 3-5) defined as follows:

9. Parking of recreational vehicles, as defined in Chapter 17.80, is not allowed on driveways leading to garage parking or other approved off-street parking spaces except as provided for under Section 17.80.050 for temporary loading, unloading, and/or cleaning, not to exceed twenty-four hours.

10. No person shall park any motor vehicle, or recreational vehicle as defined in Chapter 17.80, within front yard and side-street yard areas, as defined in Chapter 17.90, on any of the following areas or in any of the following configurations except as specifically permitted herein or elsewhere in the code:

11. Where single-car driveways exist, individual paved wheel tracks are allowable as long as they extend without interruption from the public right-of-way to a single-car garage or other approved single-car off-street parking space.

12. Permitted parking shall apply only to registered or operable motor vehicles. Unregistered and/or inoperable vehicles shall not be parked on driveways and/or improved parking areas, as defined herein, within the front or street side setback areas.

1. Credit for Public Parking in the C-D District.

1. Location of Parking. Off-street parking areas shall be located as follows:

2. Driveways and Site Access. Driveways providing access from a street, alley or other public right-of-way shall be designed and constructed as follows:

3. Parking Lot Lighting.

4. Electric Vehicle Charging Facilities. Electric vehicle charging infrastructure shall be provided in required parking facilities for multifamily housing and nonresidential developments according to standards outlined by the California Green Building Standards Code. Where electric vehicle charging stations are provided in parking areas they shall follow the development standards outlined in the California Green Building Standards Code.

1. Landscape Coverage. A minimum of five percent of the parking lot shall be landscaped and maintained. This landscaping shall be in addition to any other landscaping required pursuant to this division.

2. Trees. Trees shall be planted and maintained in all parking lots at a ratio of at least one tree per ten parking spaces. Trees shall be of a variety that provides a wide canopy, subject to review and approval of the planning director. All newly planted trees shall be a minimum fifteen-gallon size with a one-inch diameter at breast height.

3. Location of Landscaping. Planting areas shall be evenly distributed as possible throughout the entire parking area. A landscaped planter of at least eighty square feet shall be provided at least every ten parking spaces and at the end of parking rows.

4. Perimeter Parking Lot Landscaping.

5. Parking Lot Landscape Plan Approval. Proposed parking lot landscaping as required by this section shall be reviewed and approved by the planning director through a site plan review process. Plans shall include a variety of plant materials with an emphasis on drought-tolerant species. (Ord. 706 §3 (Exh. A), 2019).

1. Nonresidential new construction.

2. Additions and/or rehabilitation of existing structures, or changes in use or occupancy in existing structures.

3. Residential uses are not eligible to apply for shared use or off-site parking arrangements.

1. Shared use parking and off-site parking are based on the assumption that patrons will use a single parking space for more than one destination and that a shared parking space will be open and available for short-term parking to serve different uses in relatively close proximity to each other which may have different peak hours.

2. A sufficient number of parking spaces are provided to meet the shared parking demand of the participating uses, and satisfactory evidence, as deemed by the planning director, has been submitted by the parties operating the shared parking facilities to demonstrate the lack of potential conflict between them.

3. Land owners and/or businesses participating in all joint, shared, and off-site parking arrangements shall be required to enter into an agreement with the city to assure that the required shared parking facilities are maintained as such, and the uses with complementary business hours remain for the life of the commercial development. This agreement shall be recorded with the county recorder. This agreement shall be recorded against each property participating in the shared parking arrangement.

4. In the event of a change in use or occupancy within the participating properties and businesses, a new application shall be filed or the existing parking agreement amended to the satisfaction of the planning director.

1. There is clear evidence that peak hour parking demand from all uses participating in the shared parking arrangement do not coincide and/or uses are established in a way that the hours of operation are different for the various uses.

2. There is adequate parking provided for all participating uses.

3. The shared use or off-site parking arrangement will be an incentive to and a benefit for the participating business development.

4. Adjacent or nearby properties will not be adversely affected by the shared/joint use or off-site parking. (Ord. 706 §3 (Exh. A), 2019).

1. Bicycle parking shall be located within one hundred feet of the primary entrance of each structure they are intended to serve.

2. Bicycle parking shall be provided with a stationary object to which a user can secure the frame of a bicycle with a user-provided cable lock. The stationary object may be either a freestanding rack or a wall-mounted bracket. The rack or wall mount shall be compatible in architectural character (color, materials) with the primary structure on the parcel.

1. Every new nonresidential building and every nonresidential building enlarged by five thousand square feet or more shall provide off-street loading areas in compliance with Table 3-7.

2. Multi-Tenant Buildings. The square footage of the entire building shall be used in determining loading spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant projects may be substituted for required loading areas.

1. Each off-street loading space shall not be less than twelve feet wide by thirty feet long, with at least fourteen feet vertical clearance, with adequate provision for ingress and egress.

2. On-site loading spaces shall be designed and maintained so that the maneuvering, loading, or unloading of trucks does not interfere with vehicular and pedestrian traffic. Truck maneuvering areas shall not encroach into required parking areas, travelways or street rights-of-way.

3. For all loading areas facing or abutting residentially zoned property there shall be a minimum eight-foot high solid masonry wall, approved by the planning director, to screen the loading area view, activity and noise from the residentially zoned property. All wall treatments shall have an architectural finish on the residential side of the wall, to be approved by the planning director. (Ord. 706 §3 (Exh. A), 2019).

1. All vehicle storage areas shall have a paved surface providing for drainage control as determined by the city engineer. An alternative surfacing may be approved for vehicle storage if it can be demonstrated to be dust free and provide adequate drainage control.

2. Parking stall and aisle design shall comply with the standards in Section 17.36.050.

3. All vehicle storage areas shall be completely screened from view by a permanent six-foot high solid opaque fence or wall.

4. Any lighting of vehicle storage areas shall be shielded to direct light down onto the storage area and directed away from adjacent properties and public rights-of-way.

1. For the purpose of this provision, “residential site” means a lot or parcel which has a residential use or structure built on it and “commercial site” means a lot or parcel which has a commercial use or structure built on it. Residential or commercial sites are not intended to reflect the zoning of the property.

1. Whenever six or more separate nonresidential tenant spaces are created on the same parcel;

2. Whenever six or more permanent nonexempt signs are proposed for a single use; and

3. Whenever the community development director determines that a master sign plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes) or when unique, creatively designed signs are being proposed and certain aspects of the sign’s design (e.g., animation) might not otherwise be allowed.

1. The master sign plan complies with the purpose of this chapter;

2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;

3. The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and

4. The master sign plan complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter.

1. Revisions to master sign plans may be approved by the community development director if the intent of the original approval is not affected.

2. Revisions that would substantially deviate from the original approval shall require the approval of a new master sign plan. (Ord. 706 §3 (Exh. A), 2019).

1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2. Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding fifteen watts.

3. Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within one hundred feet of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours.

4. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

5. Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratories (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.

6. The use of neon signs and lighting is regulated by Section 17.38.090(D), Neon Signs and Architectural Lighting.

1. All signs and sign structures including those otherwise specifically exempt from the provisions of this chapter, including all parts, portions, and materials, shall be maintained in good repair and structurally sound. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city. Noncompliance with the notification shall constitute a public nuisance.

2. Existing signs shall not be physically altered (except for routine general maintenance and repair), moved, or relocated unless the sign complies with all provisions of this chapter. Legal, nonconforming signs shall comply with the requirements of Section 17.38.130, Nonconforming Signs.

3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

1. The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, corporate branding, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. See Figure 3-8 (Sign Area Measurement).

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3. Double-faced signs with back-to-back sign faces shall be regarded as a single-faced sign if the distance between each sign face does not exceed two feet at any point.

4. Where a sign contains three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like objects), the sign area shall be measured as the maximum projection of the objects upon a single vertical plane. (Ord. 706 §3 (Exh. A), 2019).

1. Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning.

2. Lettering shall be located within the middle seventy percent of the valance area.

3. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.

4. Awning signs shall only be allowed for first-story occupancies.

5. Awnings shall not be lighted from under the awning (backlit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6. Awnings shall be regularly cleaned and kept free of dust and visible defects.

1. Freestanding signs include monument and pylon signs and shall be allowed only for frontages adjoining a public street.

2. Freestanding signs shall be set back a minimum of five feet from a street property line, a minimum of five feet from an interior property line, and a minimum of ten feet from the edge of a driveway. See Figure 3-9 (Location of Freestanding Signs).

3. There shall be a minimum of two hundred fifty feet between freestanding signs on the same site or thirty feet between signs on adjoining sites to ensure adequate visibility for all signs.

4. For corner lots, freestanding signs shall not be located in the required twenty-five-foot vision triangle. On a case-by-case basis, this requirement may be waived by the community development director. See Figure 3-9 (Location of Freestanding Signs).

5. Freestanding signs shall be a minimum of fifty feet from a lot line of any residentially zoned property.

6. Freestanding signs shall not project over any building or over any on-site driveway or vehicle circulation area in a parking facility.

7. No more than six tenants are allowed for each freestanding sign.

8. The supporting structure of a freestanding sign shall not include exposed metal pole(s), but should be surrounded by a decorative pole cover architecturally compatible with the sign cabinet.

9. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area.

1. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum thirty milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon.

2. The neon manufacturer shall be registered with Underwriters Laboratories.

3. Neon tubing shall not exceed one-half inch in diameter.

4. Neon lighting adjacent to residential uses shall not exceed one-half foot-candle measured at the property line.

5. Neon tubing shall not be combined with any reflective materials (e.g., highly glazed tiles, mirrors, polished metal, or other similar materials).

6. When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of cornices, ledges, or parapets.

7. Neon signs placed within five feet of a storefront window shall not occupy more than twenty-five percent of the window area.

8. Neon lighting that completely surrounds/outlines a door, window, or similar architectural element is not allowed.

1. Projecting signs shall not be less than eight feet above the surface over which they project in pedestrian areas. Signs projecting into the public right-of-way shall require an encroachment permit and shall not project closer than two feet to a curb.

2. Projecting signs shall not project into an alley more than three feet and shall not be less than fourteen feet above the alley surface where vehicles are allowed.

3. Projecting signs may have a maximum thickness of twelve inches.

4. Projecting signs shall not be closer than fifteen feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages. The community development director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement.

5. Projecting signs shall not project above a parapet eave or parapet, including the eave of a simulated hipped or mansard roof.

6. Projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.

1. Signs shall not be placed on a building façade that does not have frontage on a public street or alley, or on a driveway, parking area, or internal pedestrian arcade/courtyard/plaza that is directly associated with and under the control of the subject property.

2. The allowable number of signs shall be computed for each separate primary or secondary building frontage. Allowances are not transferable from one street frontage to another.

1. Signs shall be located only on a primary or secondary building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located.

2. Signs shall consist of individual letters only and may be either internally or externally illuminated. Cabinet signs are prohibited for use as wall signs.

3. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

4. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than twelve inches. The community development director may modify this requirement in special circumstances where a projection greater than twelve inches may be desirable to allow the creation of an especially creative and unique sign design.

5. Signs shall be located within the middle seventy percent of the building’s or occupancy’s frontage measured from lease line to lease line. The community development director may modify this requirement where it can be clearly demonstrated that it severely limits proper sign placement. See Figure 3-10 (Sign Location on Façade).

6. Signs shall not be placed to obstruct any portion of a window or cover architectural elements (e.g., cornices, transom windows, vertical piers, and similar elements).

1. Signs shall be allowed only on windows located on the ground floor and second story of a building frontage.

2. Signs shall be permanently painted or mounted on the inside of doors and windows except for allowed temporary signs. Loud fluorescent temporary paints will not be permitted.

3. Signs within five feet of a storefront window shall be counted as a window sign.

1. Vehicle Dealer, Banners, Flags, Pennants, Etc. Banners, flags, pennants, etc., for new or used vehicle dealers may be allowed if approved through a master sign plan. Banners, etc., may be applied for by an association of dealerships or by individual dealers. The banners’ locations shall be limited to light poles or other similar devices as specified on a site plan. An inspection of the site shall be required as a condition of approval based upon the longevity of the materials used.

2. Theater Signs. A creative sign permit for a cinema or theater may authorize signs deviating from the standards of this chapter, subject to review by the community development director and approval by the planning commission. The creative sign permit may allow brighter lights, marquee signs, and other features not otherwise authorized by this chapter if the modifications are consistent with the type of use.

3. Service Station Signs. In addition to all other provisions of this chapter, the following regulations shall be applicable to service stations:

4. Menu Board Signs. Two menu board signs per business shall be allowed. The maximum allowable size is six square feet per sign. (Ord. 706 §3 (Exh. A), 2019).

1. Signs are allowed on private property only. Signs shall not be placed in public rights-of-way or at off-site locations.

2. Signs may be placed only in locations where permanent signs are allowed.

3. Signs shall not be attached to temporary structures.

1. Kiosks shall be permitted on vacant private land in all zone districts, provided the property owner’s permission has been granted in writing. Written property owner consent shall grant the city, or the city’s designee, the right to enter the property to remove any kiosk signs not in conformance with the provisions of this section. Such written consent shall be filed with the planning director prior to issuance of a kiosk sign permit.

2. Kiosks shall be constructed of wood or similar material with individual panels provided for placement of subdivision or project names and direction. Architectural design, color, letter style, and any other design elements of the kiosk shall be approved by the planning director. All kiosks allowed by this section that are installed within the city limits shall be in accordance with approved design criteria.

3. Kiosk locations shall be approved by the planning director or appointed designee. A kiosk shall not be placed closer than one thousand feet from an existing kiosk or approved site where a kiosk is to be constructed.

4. Kiosks shall not exceed a height of eight feet and a width of four feet. An individual panel shall be limited to a maximum width of four feet and a height of eight inches. No more than five individual name panels shall be permitted on one side of a kiosk.

5. Kiosks may have more than one face. Two faces are encouraged where the kiosk can be sited to serve traffic traveling in opposite directions, or where it would reduce the amount of kiosks needed to provide adequate direction to residential subdivisions. Two-faced kiosks may be approved by the planning director.

6. A name panel shall be limited to a single line of text that may contain only the subdivision, project, builder or developer’s name, or combination thereof. All panels shall include a direction arrow pointing in the direction of the identified project. Name panels shall conform to all design elements as approved in accordance with subsection (A)(2) of this section.

7. Kiosks shall not be internally or externally illuminated in any manner.

8. Kiosks shall not obstruct the use of sidewalks, walkways, bicycle or hiking trails, and shall not obstruct the free and clear vision of motor vehicle operators, cyclists, pedestrians, or visibility of traffic control signs and lights as determined by the public works director or appointed designee.

9. Kiosks shall be set back five feet from any street right-of-way and a minimum of twenty-five feet from side and rear property lines.

10. Kiosks shall not be placed within a thirty-foot corner cutoff area at street intersections to maintain a safe sight distance for vehicles.

1. Any builder or developer of a new recorded residential subdivision which contains approved lots or homes which have never been sold may apply for a permit to install a kiosk or to place a name panel on an existing kiosk to provide direction to their subdivision.

2. Applications for a kiosk or name panel (including name changes to an existing name panel) shall be made on forms provided by the planning director or appointed designee.

1. The city may delegate portions of or the entire administration of the directional kiosk program to another entity by contract that includes, but is not limited to, installation and maintenance of kiosks, and issuance of permits for kiosks and name panels.

2. Kiosks and sign panels permitted in accordance with this section shall be continuously maintained in good condition by the permit holder or other city-designated entity.

3. The planning director shall maintain a kiosk location plan showing the location of all approved kiosk signs.

4. Sign panels shall be available to all subdivisions selling new homes on a first-come, first-served basis. Sign panels shall be placed on a kiosk beginning with the highest position on the kiosk and progressing downward. Panels shall be grouped based on the direction of travel indicated on the panel.

5. When a panel name is changed or a panel is removed from a kiosk, all lower panels shall be moved upwards so that any new panel is placed on the bottom of its respective directional group on the kiosk.

6. All panel changes shall be approved by the planning director or appointed designee through the permit process.

7. A specific project or builder is limited to one panel for each kiosk. Multiple panels shall not be combined to identify or provide information regarding the same specific project or builder. There shall be no limit on the number of kiosks on which a specific project may be identified.

8. Within ten days after selling the last lot or home, panel signs that identify said project shall be removed from all kiosks.

1. Any permit issued in accordance with this section shall be immediately revoked by the planning director if it has been found that the permit holder has erected and maintained any off-site signage in violation of this section. The planning director shall order any panel currently in place on a kiosk identifying the builder’s/developer’s specific development to be removed immediately after the appeal period has expired if no appeal has been filed, and that builder/developer shall be prohibited from having any off-site directional signs or name panels on any kiosk for that specific development for a period of one hundred eighty days. After the one-hundred-eighty-day period, the builder/developer may be allowed kiosk panels.

2. Any order of the planning director shall be made in writing, addressed to the permit holder, and shall set forth the findings for revoking any permits and the method to appeal the decision. If no appeal is filed, the decision of the planning director shall be final and conclusive.

3. If the city is not the administrator of the kiosk program, the administrator shall immediately notify the planning director regarding any violations of this section and the planning director shall notify the party in violation in accordance with subsection (E)(1) of this section.

1. Any decision of the planning director to revoke a permit may be appealed. No later than ten days from the date of the planning director’s decision, an appeal shall be submitted in writing, along with any required appeal fee, to the planning commission in care of the planning director, setting forth the grounds for appeal. The planning commission shall hear the objections at a regular meeting no later than thirty days following the filing of the objection. The planning commission may sustain, suspend, or overrule the decision of the planning director, which decision shall be final and conclusive.

2. Pending hearing before the planning commission, all signs, kiosks and/or name panels in dispute may remain in place until a final decision is rendered. (Ord. 706 § 3 (Exh. A), 2019).

1. Wasco Liquor corner-mounted sign;

2. McCafferties Cleaners roof-mounted sign;

3. Hoyett’s roof-mounted sign;

4. Fiesta Latina Market pole sign; and

5. Plaza Hotel projecting sign.

1. All parts of the exempted vintage sign, including neon tubes, incandescent lights and shields, and sign faces, shall be maintained in a functioning condition as historically intended for the sign to the greatest degree possible.

2. Parts of vintage signs originally designed to flash or move may be allowed to continue to flash or move. There shall be no alterations to the historic pattern, speed, or direction of flashing or moving elements.

3. The wording or image of a vintage sign may be altered only if the alterations do not substantially change the historic dimensions, height, scale, style, or type of materials of the vintage sign.

4. Failure to maintain a vintage sign as required above shall be grounds for disallowing an exemption from the requirements of this chapter. The sign shall thereafter be brought into compliance with the requirements of this chapter subject to a determination by the community development director.

5. Full reconstruction of a vintage sign shall require the approval of the community development director.

These signs shall not be removed or altered without a historic district design review permit. (Ord. 706 § 3 (Exh. A), 2019).

1. A legal, nonconforming sign may be continued, except as provided in subsection (C) of this section, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with the municipal code.

2. Routine maintenance and repairs may be performed on a nonconforming sign.

1. Nonconforming signs shall not be altered, enlarged, or moved unless a sign exception, in compliance with Section 17.38.150, Sign Exceptions, is first obtained. Standards exceeding the minimum requirements may be required by the community development director in the conditions of approval in order to reduce the impact that the nonconforming sign may have on the surrounding properties.

2. Nonconforming signs shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and current standards for sign area, height, or setback.

3. The sign face of an existing wall-mounted cabinet/can sign shall be allowed to be changed if the new sign face will have an opaque background with illuminated letters, numbers, or symbols. No increase in sign area shall be allowed.

4. A sign included in the vintage sign inventory which has been destroyed by fire or other calamity, by act of God, or by public enemy to an extent greater than fifty percent may be reconstructed in a historically accurate manner. Reconstruction shall be authorized only upon determination by the planning commission that the sign is an accurate duplication of the vintage sign, based on review of photographic or other documentary evidence.

1. Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public enemy to the extent of fifty percent or less, the sign may be rebuilt and resumed, provided a building permit for the restoration is issued and diligently pursued. Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public enemy to an extent greater than fifty percent, or is voluntarily razed or is required by law to be razed, the sign shall not be resumed except in full conformity with the current regulations for the types of zoning district in which it is located.

2. The extent of damage or destruction shall be determined by comparing the estimated cost of restoring the sign to its condition before the damage or partial destruction and the estimated cost of duplicating the sign as it existed before the damage. Estimates for this purpose shall be reviewed and approved by the community development director. (Ord. 706 § 3 (Exh. A), 2019).

1. The planning commission shall be the applicable review authority for sign exceptions.

2. The procedures for a sign exception shall be the same as for a variance (Section 17.52.090), including those for notice and hearing upon request.

1. The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the established neighborhood and general environment;

2. Granting the application is in conformance with the goals, policies, and objectives of the general plan and the purposes of this zoning code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and

3. Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare.