Title 18 ZONING*
Chapter 18.90 SIGN REGULATIONS
18.90.010 Findings and purpose.
18.90.020 General prohibition.
18.90.030 Definitions.
18.90.040 Signs prohibited on public property.
18.90.050 Signs creating traffic hazards prohibited.
18.90.060 Defacing natural features.
18.90.070 Maintained in safe condition.
18.90.080 Nonconforming signs.
18.90.090 Violation.
18.90.100 Summary abatement.
18.90.110 Sign regulations-Residential zone districts.
18.90.120 Sign regulations-Commercial, industrial and institutional zone districts.
18.90.130 Sign regulations-Agricultural, quarry, open space, timber zone district.
18.90.140 Sign regulations-Planned districts.
18.90.150 Illumination and moving parts.
18.90.010 Findings and purpose.
The board of supervisors finds and declares that the uncontrolled and
unregulated construction, erection and maintenance of signs within the
unincorporated areas of Madera County poses hazards to vehicle traffic by
distracting the attention and obstructing the vision of vehicle operators, and
impairs the vistas of scenic corridors and highways, recreational areas and
facilities and the state and national forested lands.
The purpose of this
chapter is to control and regulate the construction, location and maintenance of
all signs within the unincorporated areas of Madera County, such as to promote
traffic safety, natural landscape and vistas, and the public health, safety and
general welfare. The regulation and control of signs by this chapter is
undertaken to accomplish the above objectives and not to control or regulate the
content of advertising displays. (Ord. 525 § 1(part), 1989).
18.90.020 General prohibition.
No signs shall be erected within the unincorporated regions of Madera
County except as expressly permitted by this chapter. No off-premises sign shall
be erected without the prior issuance of a zoning permit pursuant to Chapter
18.104. (Reference: Business and Professions Code § 5231.)
This chapter
shall not apply to official traffic control signs or highway informational signs
erected by a public entity. (Ord. 525 § 1(part), 1989).
18.90.030 Definitions.
Unless otherwise clearly indicated from the context, the following
definitions apply for purposes of this chapter:
A. “Sign” means
any advertising surface containing or upon which is placed or optically
projected, any name, figure, character, outline, spectacle, display,
delineation, announcement, advertising, device, appliance or other thing of
similar nature to attract attention outdoors, and includes all parts, portions,
units, vehicles and materials composing the same, together with the frame,
background, surface or enclosure therefor.
B. “Off-premises
sign” means a sign which advertises a business, product, service or
entertainment, conducted, sold, or offered elsewhere than upon the parcel upon
which the sign is located. No off-premises sign shall be located within one
thousand feet of any other off-premises sign nor within five hundred feet of any
road or railroad interchange, intersection at grade or any safety road side rest
area.
C. “On-premises sign” means a sign which advertises a
business or businesses conducted, the commodities manufactured, produced or
sold, or the services rendered on or from the premises upon which said sign is
located.
D. “Parcel” means a parcel of real property as
identified in the Madera County master parcel book adopted in April, 1966, and
filed with the Madera County planning department, and any parcel created
thereafter by lawful subdivision or lot line adjustment of such a master
parcel.
E. “Primary highway” means all of those portions of
State Highways 41, 49, 99, 145, 152 and 233 lying within Madera County and
designated as a part of the Federal Aid Primary System. (Reference: Business and
Professions Code § 5220.)
F. “Road” includes the terms
road, streets and highway as defined in this title in Sections 18.04.255,
18.04.455 and 18.04.510.
G. “Sign area” means the area included
within the outer dimensions of a sign, including borders and frames. The sign
area for a multifaced or “V” sign is the area of a single
face.
H. “Campaign sign” means a sign advertising a candidate
for political office, a political party or a measure scheduled for an upcoming
election, or announces a campaign, drive or event of a civic, philanthropic,
educational or religious organization. No campaign sign shall be displayed
earlier than ninety days prior to, or later than ten days after, the date of the
election or the event.
I. “Public announcement sign” means a
freestanding sign structure whose announcement is limited to an activity, event,
or service offered only by a non-profit organization which conducts its
activities, events, or services within the county of Madera and will be limited
to one double sided off-premise sign in accordance with the following
conditions:
1. Total sign area of a public announcement sign will not exceed
thirty-two square feet.
2. Public announcement signs shall be limited to
identifying only the non-profit organization, and the activity, event or service
offered.
3. No public announcement sign shall exceed six feet in total
height when measured from the foot of the sign post, unless otherwise provided
in this section. The zoning administrator may permit an increase in total
height of a public announcement sign upon a showing that such an increase is
necessary to achieve sign visibility in consideration of the topography at the
sign’s location.
4. No public announcement sign shall be located
within a public road right-of-way or upon county property.
5. No public
announcement sign shall be located upon private property in such a manner as to
create a traffic hazard.
6. No public announcement sign shall be located
upon private property in such a manner as to create a visual obstruction as
provided in Section 18.98.040 of this code.
7. Public announcement signs are
subject to all provisions of the specific area plan and community plan and may
be prohibited entirely.
8. Public announcement signs are not allowed under
the provisions of the Oakhurst/Ahwahnee plan area sign overlay zone.
9. A
public announcement sign is subject to review and approval by the zoning
administrator predicated upon the filing of a fee-exempt zoning permit
application, subject to the conditions specified in one through eight, above,
and documented proof of the organization’s non-profit status. The zoning
administrator may place a time limitation on the use of a public announcement
sign, if the sign is applicable to a specific event, activity or service. The
zoning administrator may require periodic zoning administrator review for
compliance with the conditions of the zoning permit, including requiring proof
from the applicant that the event, activity or service continues.
10. When a
public announcement sign permit specifies an expiration date, the public
announcement sign and temporary supporting structure will be removed within
fourteen days from the date the permit authorizing it expires. When a public
announcement sign permit does not specify an expiration date, the public
announcement sign and temporary supporting structure will be removed within
fourteen days from the date of written notice from the zoning administrator to
remove it. (Reference: Business and Professions Code §
5405.3.)
J. “Subdivision identification sign-Temporary” means a
freestanding sign structure whose announcement is limited to denoting the
entrance and/or exiting a subdivision area. Temporary residential subdivision
identification signs will be limited to one double sided on-premise sign in
accordance with the following conditions:
1. A temporary subdivision
identification sign may be permitted with an approved zoning permit, for a
period of one year only, or until a permanent subdivision identification sign is
installed, whichever is less.
2. Total sign area will not exceed one hundred
square feet per sign face.
3. Temporary subdivision identification sign will
be limited to identification of the subdivision by name only.
4. No
temporary subdivision identification sign shall exceed ten feet in total height
when measured from the foot of the sign post, unless otherwise provided in this
section. The zoning administrator may permit an increase in total height of a
temporary subdivision identification sign upon a showing that such an increase
is necessary to achieve sign visibility in consideration of the topography at
the sign’s location.
5. No temporary subdivision identification sign
shall be located within a public road right-of-way or upon county
property.
6. No temporary subdivision identification sign shall be located
upon private property in such a manner as to create a visual obstruction as
provided in Section 18.98.040 of this code.
7. No temporary subdivision
identification sign may have moving parts, moving or intermittent lights or
displays, animated signs or neon signs. For purposes of this chapter,
“animated sign” and “neon” shall be defined as provided
in Section 18.91.020 of this code. Only incandescent bulb, mercury or sodium
vapor, or fluorescent lighting shall be used to illuminate any temporary
subdivision identification sign. All lights shall be hooded and directed to
minimize glare.
8. Temporary subdivision identification signs are subject to
all provisions of the applicable area plan or community plan and may be
prohibited if inconsistent.
9. When a temporary subdivision identification
sign permit specifies an expiration date, the temporary subdivision
identification sign and temporary supporting structure will be removed within
fourteen days from the date the permit authorizing it expires. When a temporary
subdivision identification sign permit does not specify an expiration date, the
temporary subdivision identification sign and temporary supporting structure
will be removed within fourteen days from the date of written notice from the
zoning administrator to remove it.
K. “Permanent subdivision
identification sign” means a permanent freestanding sign whose
announcement is limited to denoting the entrance and/or exiting of a subdivision
area. Permanent subdivision identification signs will be limited to one
double-sided on-premise sign in accordance with the following
conditions:
1. A permanent subdivision identification sign may be permitted
with an approved zoning permit.
2. Permanent subdivision identification
signs total sign area will not exceed one hundred square feet per sign
face.
3. Permanent subdivision identification signs will be limited to
identifying the subdivision by name only.
4. Pennants, streamers, flags or
other appurtenants are not permitted.
5. Any change of the permanent
subdivision identification sign, including but not limited to, the sign face,
design or location will require a new zoning permit.
6. No permanent
subdivision identification sign shall exceed ten feet in total height when
measured from the foot of the sign post, unless otherwise provided in this
section. The zoning administrator may permit an increase in total height of a
permanent subdivision identification sign upon a showing that such an increase
is necessary to achieve sign visibility in consideration of the topography at
the sign’s location.
7. No permanent subdivision identification sign
shall be located within a public road right-of-way or upon county
property.
8. No permanent subdivision identification sign shall be located
upon private property in such a manner as to create a traffic hazard.
9. No
permanent subdivision identification sign shall be located upon private property
in such a manner as to create a visual obstruction as provided in Section
18.98.040 of this code.
10. No permanent subdivision identification sign may
have moving parts, moving or intermittent lights or displays, animated signs or
neon signs. For purposes of this chapter, “animated sign” and
“neon” shall be defined as provided in Section 18.91.020 of this
code. Only incandescent bulb, mercury or sodium vapor, or fluorescent lighting
shall be used to illuminate any temporary subdivision identification sign. All
lights shall be hooded and directed to minimize glare.
11. Permanent
subdivision identification signs are subject to all provisions of the applicable
area plan and community plan and may be prohibited entirely if
inconsistent.
12. When a permanent subdivision identification sign permit
specifies an expiration date, the permanent subdivision identification sign and
supporting structure will be removed within fourteen days from the date the
permit authorizing it expires. When a permanent subdivision identification sign
permit does not specify an expiration date, the permanent subdivision
identification sign and supporting structure will be removed within fourteen
days from the date of written notice from the zoning administrator to remove
it.
13. A mechanism will be provided for each permanent subdivision
identification sign to ensure continual maintenance of the sign. The zoning
administrator can initiate revocation proceedings should the sign fall in a
state of disrepair.
14. Permanent subdivision identification signs will be
landscaped. Subsection (K)(13) of this section will also apply to the
landscaping and lighting provisions of this code. (Ord. 525P § 1, 2004;
Ord. 525-L § 1, 2002; Ord. 525 § 1(part), 1989).
18.90.040 Signs prohibited on public property.
No sign shall be placed upon any public property, including sidewalks,
crosswalks, roads, curbs, lamp posts, hydrants, trees, utility poles, buildings,
fences and rights-of-way of any type, except such legal notices which are
authorized by law to be so located. No sign shall project over any public
property or right-of-way. (Ord. 525-C § 2, 1994: Ord. 525 § 1(part),
1989).
18.90.050 Signs creating traffic hazards prohibited.
A. No sign shall be located at or near any road intersection, or any road
and driveway intersection, or any road and railroad track intersection so as to
create a traffic hazard by obstructing vision.
B. No sign shall be located,
constructed or lighted so as to interfere with, obstruct the view of, simulate
or be confused with any official traffic control device.
C. No lighted sign
shall exceed the illumination standard specified in Section 21466.5 of the
California Vehicle Code.
D. No sign shall be located in any river, stream or
canal bed such as to be a hazard to any road bridge if dislodged by the flow of
water. (Reference: Business and Professions Code § 5403.) (Ord. 525
§ 1(part), 1989).
18.90.060 Defacing natural features.
No sign shall be placed upon any tree or painted or drawn upon any rock or
other natural feature. (Reference: Business and Professions Code § 5403.)
(Ord. 525 § 1(part), 1989).
18.90.070 Maintained in safe condition.
No sign shall be erected or maintained in a condition hazardous to persons
or property. All signs containing electrical components shall be constructed and
maintained to comply with the applicable electrical code and building code of
Madera County. (Reference: Business and Professions Code § 5403.) (Ord. 525
§ 1(part), 1989).
18.90.080 Nonconforming signs.
A. Any sign lawfully erected and maintained prior to the effective date of
this chapter, but which does not conform to the provisions of this chapter, or
because of a zone change after the effective date of this chapter affecting the
property upon which the sign is located, ceases to comply with the applicable
zone district regulations, is a nonconforming sign. A sign exceeding the area or
height regulations by five percent or less shall not be deemed
nonconforming.
B. No nonconforming sign shall be altered, replaced, enlarged
or reconstructed, except in such a manner as to cause the sign to conform fully
to this chapter. A nonconforming sign may be maintained or the advertising copy
changed without affecting its nonconforming status.
C. A nonconforming sign
destroyed or damaged to the extent of seventy-five percent or greater of its
value as of the date of such destruction or damage ceases to be nonconforming
and shall not be replaced, but shall be removed or repaired to conform with this
chapter.
D. Each nonconforming sign, except off-premises signs, shall be
removed or altered to conform to this chapter within twelve months from the
effective date of this chapter or from the date the sign becomes
nonconforming.
E. No off-premises sign need be removed or altered to conform
to this chapter if said sign was lawfully erected in compliance with state laws
and local ordinances and was in existence on November 6, 1978, or was lawfully
erected after November 6, 1978, unless just compensation is paid to the owner of
the sign and the owner of the parcel upon which the sign is
located.
Nonconforming, off-premises signs located within residential or
agricultural zone districts shall be removed or altered to conform to this
chapter within the time period set forth in Sections 5412.1 and 5412.3 of the
California Business and Professions Code. (Reference: Business and Professions
Code §§ 5412, 5412.1 and 5412.3.)
F. The sign owner, or owner of
the parcel upon which the sign is located, may request the zoning administrator
to establish an amortization period in excess of those set forth in subsections
D and E above if such period is insufficient to reasonably amortize the
investment in the sign. Such person may also request an extension of time in
which to remove or conform a sign. The procedure for filing such requests,
notice and hearing shall be as prescribed in Section 18.104.010.
The zoning
administrator shall base his decision as to the amortization period solely on
the following factors for which the applicant has submitted information prior to
the hearing:
1. Original cost of sign;
2. Date of construction and
installation;
3. Amortization date for tax purposes;
4. Whether the sign
would have a useful value to the owner or lessee if permitted in another
location;
5. Residual economic value;
6. Cost of removal;
7. The
degree of nonconformance;
8. Whether the owner or lessee is a public agency.
Any person dissatisfied with the decision of the zoning administrator has the
right of appeal pursuant to the procedure set forth in Article II, Chapter
18.108 of this code.
G. The zoning administrator shall give written notice
to the sign owner and owner or lessee of the real property of the requirement
for removal or alterations upon which the sign is located under this section.
(Ord. 525 § 1(part), 1989).
18.90.090 Violation.
A. Any sign, other than an off- premises sign, which is not functional,
abandoned or which is not used for advertising purposes for a period of one
hundred eighty consecutive days, shall be removed from the parcel upon which it
is located by the owner of said sign, or the owner or lessee of the parcel upon
which the sign is located.
B. All signs which are not nonconforming signs
and which do not conform with the provisions of this chapter, are public
nuisances and shall be removed at the expense of the sign owner, and the owner
and lessee of the parcel upon which the sign is located.
C. Any sign which
constitutes a violation of subsections A or B above, may be abated and the costs
of abatement recovered pursuant to the procedure set forth in Chapter 18.112 of
this code. The enforcement provisions contained in this subsection shall be in
addition to any other remedy provided by law. (Ord. 525 § 1(part),
1989).
18.90.100 Summary abatement.
The county planning director, engineer, road commissioner, sheriff and
fire chief or their designees, may abate, including removal, without prior
notice and hearing, any sign which poses an immediate threat to the safety of
persons or property. Within ten days of summary abatement, the abating official
shall give written notice to the owner of such sign and the owner and lessee of
the parcel upon which such sign was located. The sign owner or parcel owner or
lessee shall have the right to hearing pursuant to Chapter 18.112 to determine
the nature of the threat and the appropriateness of the abatement action taken.
(Ord. 525 § 1(part), 1989).
18.90.110 Sign regulations-Residential zone districts.
A. Total sign area for signs which are visible from adjacent properties or
streets shall not exceed eight square feet per parcel;
B. An additional
total sign area of thirty-two square feet for the display of campaign
signs;
C. Signs identifying a home occupation as specified in the zoning
permit authorizing the home occupation;
D. No sign shall exceed four square
feet in sign area nor be taller than six feet above ground level;
E. An
additional total sign area of one hundred square feet per parcel for display of
temporary subdivision identification signs;
F. An additional total sign area
of one hundred square feet per parcel for display of a permanent subdivision
identification sign. (Ord. 525P § 2, 2004; Ord. 525 § 1(part),
1989).
18.90.120 Sign regulations-Commercial, industrial and institutional zone districts.
A. Total sign area for signs visible from adjacent properties or streets
shall not exceed the following limits:
1. Off-premises signs: Three hundred
square feet per parcel, provided that signs visible from State Highway 99 shall
not exceed six hundred seventy-two square feet per parcel.
2. All other
signs. Three hundred square feet or ten percent of the building area, whichever
is greater, per parcel.
B. An additional total sign area of thirty-two
square feet per parcel for the display of campaign signs.
C. No sign shall
exceed three hundred square feet in sign area nor be taller than thirty-five
feet above ground level, provided than an off-premises sign visible from State
Highway 99 shall not exceed six hundred seventy-two square feet in sign
area.
D. An additional total sign area of thirty-two square feet per parcel
for display of “public announcement signs.” (Ord. 525-L § 2,
2002; Ord. 525 § 1(part), 1989).
18.90.130 Sign regulations-Agricultural, quarry, open space, timber zone district.
A. Total sign area for signs visible from adjacent properties or streets
shall not exceed two hundred forty square feet per parcel;
B. An additional
total sign area of thirty-two square feet per parcel for the display of campaign
signs;
C. No sign shall exceed two hundred forty square feet in sign area or
be taller than ten feet above ground level.
D. An additional total sign area
of thirty-two square feet per parcel for display of “public announcement
signs.” (Ord. 525-L § 3, 2002; Ord. 525 § 1(part),
1989).
18.90.140 Sign regulations-Planned districts.
Only those signs allowed as a part of an approved site plan shall be
permitted in any planned recreation, residential development, shopping center or
industrial zone district. (Ord. 525 § 1(part), 1989).
18.90.150 Illumination and moving parts.
A. No sign shall contain moving parts.
B. No sign may be illuminated
by intermittent light.
C. Only on-premises and off-premises signs may be
illuminated within commercial, industrial or institutional zone
districts.
D. Only signs displaying a property address may be illuminated in
a residential and agricultural zone district. (Ord. 525 § 1(part),
1989).
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