Title 18 ZONING*
Chapter 18.91 OAKHURST/AHWAHNEE PLAN AREA SIGN OVERLAY ZONE
18.91.010 General provisions.
18.91.020 Definitions.
18.91.030 General standards.
18.91.040 Signs allowed with a sign permit.
18.91.050 Signs allowed without a sign permit.
18.91.060 Prohibited signs.
18.91.070 Nonconforming signs.
18.91.080 Administration.
18.91.010 General provisions.
A. Statutory Authority. This chapter is enacted pursuant to the California
Constitution’s grant of police power to counties and the statutory
authority granted by Section 65850(b) of the California Government
Code.
B. Purpose of Chapter. The board of supervisors has determined and
recognizes that the Oakhurst/Ahwahnee general plan district has evolved over
time and consists of individual lots with buildings of various ages, designs and
styles of architecture, occupied by a variety of businesses, and that adequate
signage is essential to the success of these individual businesses. It is,
therefore, resolved that the intent and purpose of this chapter is to upgrade
the general appearance of the district by regulating the size, height,
construction, location and general upkeep of outdoor signs and sign structures
within the defined area; provide for public safety; encourage local shopping;
protect property values and the natural scenic beauty; in general, attempt to
create a more attractive business climate and to preserve and enhance the unique
character of the mountain community.
C. Findings. After public hearings
before both the planning commission and the board of supervisors, the following
findings are made:
1. The community is situated in a scenic mountain-forest
area whose economic well-being is primarily dependent upon tourism with a newly
developing light industry and commercial profile complementing a residential
community. Recognizing that the community is the prime gateway entrance to
Yosemite National Park, it is found that the proper control of signs is of
particular importance to the community and its natural scenic beauty.
2. A
substantial business community has developed in this area over a period of
thirty years, with a variety of signs and advertising. The owners of these
businesses have made substantial investments in their signs in good faith and
compliance with perceived community sign standards. A sign ordinance, while
being necessary to the future economic and aesthetic well-being of the
community, should be easy for the present and future business owners and the
general public to understand and be implemented with as minimal as possible
administrative impact on existing businesses and business owners.
3. The
right to identify a place and type of commercial business and/or service
activity should and must:
a. Be kept within reasonable boundaries consistent
with the objectives and goals of the community to retain its special character
and the economic advantages which rest largely on the quality of its appearance;
and
b. Be balanced with the right of the public-at-large to be insulated
from the intrusions of over-commercialism.
D. Applicability of Chapter. The
provisions set forth in this chapter shall be applicable to all signs within the
overlay zone, as later defined within this chapter.
E. Overlay Zone. This
chapter (overlay zone) shall apply to the exact area of the Oakhurst/Ahwahnee
general plan boundary. (Ord. 525D § 1(part), 1993).
18.91.020 Definitions.
For the purpose of this chapter, the following words and phrases shall
have the meaning respectively ascribed to them in this section as
follows:
“Advertising statuary” means an imitation or
representation of a person or thing or free-form creative license which is
sculptured, molded, modeled, inflated or cast in any solid or plastic substance,
material or fabric and used to identify or advertise a product or
service.
“Aggregate area” means the total permitted sign area,
measured in square feet, which is allowed for a property or parcel, be it the
sum of one or more signs.
“Altered” means any sign upon which a
difference has been made as to shape, size or dimension, including changes in
illumination methods but not including changes to a sign’s
text.
“Amortization period” means a period established as the
economic life of all nonconforming signs.
“Animated sign” means
any sign designed and constructed to convey a message or attract attention
through a sequence of progressive or random changes of parts or lights or degree
of lighting through rotation, movement, fluctuation, flashing, changing or
blinking light or similar devices.
“Appurtenant sign” means a
sign directing attention to products offered, i.e., product
identification.
“Architectural feature” means a portion of a
sign structure intended to accent a sign rather than to provide or carry
additional message area, such as framing, roofing, exposed foundations,
landscaping and the like.
Banner. See
“pennant.”
“Building sign” means any sign erected
upon a building or element thereof, including signs located on roofs, windows,
fences, walls, marquees, eaves or canopies.
“Bulletin board”
means that portion of a sign, with movable letters, words or numerals, allowing
messages or advertising copy to be changed at will and which includes reader
board or chalk board.
“Business complex” means a building or
group of buildings with common ownership or control within a single
architectural plan and/or parcel or contiguous parcels of property housing two
or more commercial units of operation and providing common facilities or
utilities, such as a shopping center, professional office building,
etc.
“Business sign” means a sign indicating the name and/or
occupation of a person or group engaging in a business.
“Civic
event” means a sign posted to advertise, identify or provide direction to
a civic event sponsored by the community, or a school, church, civic-fraternal
organization or similar noncommercial organizations.
“Combination
sign” means any sign incorporating any combination of the structural
features of a freestanding sign and building sign.
“Conditional use
permit” refers to and incorporates Chapters 18.92 and 18.94 of the Madera
County Zoning Ordinance.
“Directional off-site sign” means a
freestanding sign denoting the principal name and location of a business or
service, where the sign is located off-site, adjacent to the driveway, alleyway
or other ingress where primary access to the business or service is obtained. A
directional off-site sign may include the official logo of the business or
service, but shall not include product advertising.
“Directional
sign” means a sign denoting “entrance,” “exit,”
“no parking” or directing motor/pedestrian traffic flow to parking
or building facilities with or without a business name, logo types or commercial
advertising.
“Directory sign” means a sign placed or displayed
to list all or a part of the businesses within a business
complex.
“Erect” means to build, construct, attach, hang, place,
paint, suspend or affix.
“Finish grade” means the highest final
grade measured at ten feet from the center point of the sign structure or to the
highest finish grade of the road surface of the nearest public road right-of-way
measured at a point perpendicular to the sign structure, whichever is
higher.
“Flag” means an article of cloth, paper or similar
lightweight material, varying in size, shape and/or design, usually attached at
one edge to a staff or cord.
1. Official Flag. The flag of any nation,
state, county, city or other recognized governmental entity.
2. Insignia
Flag. A flag bearing the insignia, name, device, rank, logotype or similar
designation of specific activities, political parties, persons, agencies,
private businesses and the like.
3. Common Flag. A flag other than an
official or insignia flag, including pennants, banners, and those bearing
symbols, mottos or slogans, and the like.
“Freestanding sign
(monument)” means a sign supported by one or more uprights, poles or
braces in or on the ground, or which is placed upon a fence, planter, retaining
wall, or any other structure not an integral part of any
building.
“Gasoline price sign” means any sign that denotes the
cost of motor fuel for sale to the motoring public.
“Graphics”
means decoration of the exterior of a building or site with murals, art work,
statuary and the like, not containing a commercial message, trademark, logo
type, brand name or the like.
“Identification sign” means a sign
which is used to identify or advertise the occupants of a building, lot or
premises or the merchandise or activity available at the building, lot or
premises, where the sign is located.
“Illegal sign” means any
existing sign erected and not in compliance with the prior or current applicable
building code and/or zoning code standards or advertising a use that has ceased
to exist for a period of not less than one hundred eighty days; any
nonconforming sign upon which the amortization period has expired; any sign
determined to be a danger to the public health and safety from the standpoint of
structural integrity; any sign determined to be a traffic hazard not created by
the relocation of streets or highways or other acts of the county, state, or
federal governments.
“Illuminated sign” means a sign in which a
source of light is used in order to make readable the message or
attract
attention to the sign. This definition shall include internally and externally
lighted signs.
“Logo” means a trademark or symbol of any
business or organization.
“Maintained” means ordinary
maintenance and repair, which is the upkeep or preservation of the condition of
a sign in order to keep the existing sign components, including electrical
components both internal and external (including but not limited to bulbs, flood
lamps, ballasts, etc.), color, safety, neatness in orderly working condition and
appearance and to prevent corrosion or deterioration caused by weather, age or
other conditions. Maintenance does not include any changes to the sign area
which result in different external dimensions or shape of the overall sign,
pedestal structure or support.
“Master architectural sign plan”
means a conceptual architectural design plan describing the basic content of all
proposed signs in terms of size, shape, materials, style, placement, lighting
and the like to set forth a basic identity for a business
complex.
“Menu board” means any wall or monument sign displaying
a list of items available at a drive-through business for the purpose of taking
drive-through orders.
“Mobile sign” means a sign attached to or
suspended from any type of vehicle.
“Nameplate” means a building
sign designating the name or name and occupation of a person on the
premises.
“Neon” means an electrolumen method of lighting a
formed sign.
“Nonconforming sign” means a sign validly
installed, or for which a permit has been issued, under prior laws or ordinances
but which is in conflict with any of the current provisions of this
chapter.
“Off-premises sign” means a sign which advertises a
business, product, service or entertainment, or commodities which are
manufactured, produced, conducted, sold or offered elsewhere than upon the
parcel upon which the sign is located.
“On-premises sign” means
a sign which advertises a business, product, service or entertainment, or
commodities which are manufactured, produced or sold, or rendered on or from the
premises upon which said sign is located.
“Outdoor business”
means any enterprise provided by entitlement or by conditional use permit in the
commercial, industrial or specific plan zone in which it is located
which:
1. Relies principally on the outside display of merchandise as the
primary means of business; and
2. Is characterized by a combination of
outdoor display areas, showrooms, inventory and work areas comprising no less
than twenty-five percent of the total site area.
“Overall building
line” means the furthermost eave, wall or extension of a
building.
“Parcel of property” means a parcel of real property
as identified in the Madera County master parcel book adopted in April, 1966,
and any parcel created thereafter by lawful subdivision or lot line adjustment
of such a master parcel. This definition does not include any easement on any
contiguous parcel.
“Pennant” means a piece of cloth, plastic,
paper or other such material varying in size, shape or design, erected in any
manner as an advertising device to draw attention to the site where
located.
“Portable freestanding sign” means a sign designed to
be moved and which is not structurally attached to the ground, a building, a
structure or any other sign; and which may or may not be in the configuration of
an “A.”
“Projecting sign” means a sign attached to
an exterior wall and/or to the top of the eave of a building, which sign is
attached at an angle up to ninety degrees to the building.
“Public use
board/tack board” means a board upon which personal notices may be tacked;
i.e., “lost and found.”
Reader Board. See “bulletin
board.”
“Real property sign” means a sign indicating that
the property or improvements thereon are for sale, lease or
rent.
“Roofline” means the line or edge where the sides and the
roof of a building meet.
“Service sign” means sign denoting
“open,” “self-service,” etc., and not advertising any
business.
Shopping Center. See “business
complex.”
“Sign” means any advertising surface, including
flags and banners, visible to the public and upon which is placed or optically
projected, any name, figure, character, outline, spectacle, display,
delineation, announcement, advertising, device, appliance or other thing of
similar nature to attract attention outdoors, and which includes all parts,
portions, units, vehicles and materials composing the same, together with the
frame, background, surface or enclosure therefor, excluding
“graphics” as otherwise defined herein.
“Sign area”
means the entire area within a single geometric form (square, triangle, circle,
etc.) or a symmetrical form of not more than six sides, enclosing the extreme
limits of a sign excluding borders, frames and the necessary sign
structure.
“Sign guidelines” means supplemental supporting
documents as may be adopted by the county for clarification of procedures for
the issuance of sign permits pursuant to this chapter.
“Sign
structure” means the supports, uprights, braces and framework of a
sign.
“Subdivision sign” means a nonilluminated sign for the
purpose of advertising and directing people to a newly constructed subdivision
or apartment complex.
“Subdivision identification sign” means an
identification sign which is permanent and used to identify a residential
subdivision.
“Temporary and special event sign” means a sign
which advertises a business, a product or a service, or commodities
manufactured, produced, sold or offered for that specific business. This sign
may be a balloon, pennant, common flag, valance, chalk board, “A”
frame, sandwich board sign or other advertising display, usually constructed of
light materials, and which is not permanently affixed to the
premises.
“Theater marquee” means a permanent structure upon
which is displayed materials or text of a temporary or changeable nature
announcing currently showing programs or movies and which is operated
manually.
“Time and/or temperature sign” means a sign providing
the time or the time and temperature without an advertising
message.
“Trade construction sign” means a sign located at a
building or project site listing one or more persons or firms participating in
the development, construction or financing of that building or
project.
“Unit of operation” means an individual and separate
unit of activity or function within a building, such as a single shop or
business within a business complex or a single business occupying an entire
building.
“Variance” refers to and incorporates Chapter 18.106
of the Madera County Zoning Ordinance.
“Value of a sign” means
total cost of physical replacement of a sign.
“Wall sign” means
a sign erected on the side, wall or parapet of a building or structure and which
does not extend above or more than twelve inches outward from that portion of
the building to which it is attached.
“Window decal” means an
appurtenant decal; i.e., a decal advertising the acceptance of
“Visa” or “Master Card.”
“Window sign”
means a sign permanently painted upon a window, or intended to be viewed only
from outside a window, including appurtenant signs.
“Zoning
administrator” means that officer designated as such by Section 18.02.050
of the Madera County Zoning Ordinance.
“Zoning enforcement
officer” means that person or persons designated as such by the zoning
administrator. (Ord. 525K § 1, 2001; Ord. 525D § 1(part),
1993).
18.91.030 General standards.
A. Computation of Sign Area.
1. In computing sign area for all signs,
any frame, border, other architectural feature or the structure supporting a
sign shall not be included.
2. Where a sign is composed of a curved,
cylindrical, spherical or other similar continuous surface, the sign area shall
be considered as the silhouette of such sign as viewed from any given
point.
B. Advertising Statuary. Statuary shall be considered and regulated
as signs.
C. Bulletin Board. Bulletin boards shall not constitute more than
thirty percent of the allowable freestanding sign area, nor shall it constitute
more than thirty percent of the allowable building sign area for that portion of
a building to which it is attached. Exception: Theater marquees may constitute
eighty percent of the allowable freestanding or building sign area for that
business.
D. Clearance From Utility Lines. No sign shall be erected or
maintained which has less horizontal or vertical clearance from communication or
energized electrical power lines than that prescribed by the laws of the state
of California or rules and regulations duly enacted by its
agencies.
E. Structural Safety and Maintenance. All signs and sign
structures erected shall:
1. Be constructed and erected in accordance with
the most current building, electrical, sign and fire prevention codes of Madera
County; and
2. Be maintained at all times in a safe condition, including the
replacement of defective parts, painting, repainting, cleaning and other acts
for maintenance.
F. Public Safety Hazards. No sign(s) or group of signs
shall be placed or operated in such manner as to cause a physical or visibility
hazard to the movement of vehicles or pedestrians, or to obstruct or interfere
with the view of a traffic sign, signal or other safety device located upon a
public right-of-way.
G. Graphics. Graphics of a permanent nature shall be
permitted only upon the approval of a zoning permit by the zoning administrator
and shall be regulated by such conditions as may be placed upon such a
permit.
H. Lighting. Any attached or detached external source of
illumination of any sign shall not be directly visible from beyond the property
line of the parcel upon which the sign is located. Illuminated signs shall be
maintained in good working condition as originally designed and
approved.
I. Sign Permit. A permit for a sign issued pursuant to this
chapter by the Madera County planning department. (Ord. 525D § 1(part),
1993).
18.91.040 Signs allowed with a sign permit.
A. Freestanding Signs.
1. Freestanding signs shall conform to the
following standards:
a. One freestanding sign per parcel or business complex
may be allowed if the street frontage of the project is three hundred feet or
less in length.
b. Two freestanding signs per parcel or business complex may
be allowed if:
i. The street frontage of the project area is more than three
hundred feet in length;
ii. The project area has more than one major entry
point; and
iii. The distance between the freestanding signs on that parcel
is at least one hundred feet.
2. Freestanding sign area: the maximum
allowable sign area of a freestanding sign shall be sixty square feet per face.
A business complex occupying a parcel of over ten acres in size shall not exceed
one hundred square feet of sign area per face.
3. Freestanding sign
structure height: the freestanding sign structure shall not exceed twelve feet
in height from the finished grade.
4. Additional height for freestanding
signs: up to two feet of additional height may be approved when the
freestanding sign is incorporated into a landscaped planter, monument base or
pedestal. The additional height permitted will be the height of the landscaped
planter, monument base or pedestal, up to a maximum of two
feet.
5. Additional freestanding signs allowed in addition to the
above:
a. Directional on-site signs: directional on-site signs shall not be
counted as part of the allowable sign area. Such signs shall not exceed three
square feet in area and shall be limited to four feet in height. Directional
signs shall be limited to one per vehicular entrance, plus one additional sign
per drive-through establishment.
b. Delivery signs: delivery signs shall
not exceed one nonilluminated delivery sign per unit of operation. Permitted
signs shall not exceed three square feet in area.
c. Up to forty square feet
of drive-up window menu boards are allowed. Additional area can be allowed by
making corresponding reductions in the allowed area of building signs. Such
signs shall not exceed seven feet in height. The visibility of the signs by
passing traffic shall be reduced by the use of screening and/or landscaping.
Minimal lighting and speaker systems shall be allowed, so as to not
significantly increase ambient light and noise levels.
d. Gasoline price
signs: in addition to identification signs, service stations may be permitted
gasoline price signs up to fifteen additional square feet in area and shall not
exceed ten feet in height. Portable gasoline price signs are prohibited.
Within the maximum allowable sign area, service stations may be permitted
identification signs on the pump island canopy fascia or gable or totally
beneath the canopy and mounted on the canopy supports, and further provided that
the distance from the top to the bottom of the sign is not greater than three
feet.
e. A directory sign shall be no greater than eight square feet, no
higher than five feet and each business is allowed a maximum of one square foot
per sign. One directory sign shall be allowed for each vehicle entrance from a
public street.
f. Placement of a maximum of one directional off-site sign
per parcel may be allowed in lieu of an on-site freestanding sign. Off-site
directional signs may be allowed only for businesses located on parcels that do
not have frontage on a named public road. The following criteria must be met in
order to allow an off-site directional sign:
i. The location of a
directional off-site sign shall be limited to a parcel which has frontage on a
named public road. That parcel shall be located at or adjacent to the
intersection between the named public road and the driveway, alleyway or other
ingress where primary access to the business is obtained.
ii. The signature
of the property owner where the directional off-site sign is to be placed shall
be provided on the sign permit application form.
iii. One directional
off-site sign may be allowed on any parcel.
iv. The maximum allowable sign
area for a directional off-site sign is eight square feet per business unit, not
to exceed a cumulative total of thirty-two square feet per sign.
v. The
directional off-site sign structure shall not exceed eight feet in height from
the finished grade.
vi. Utilization of a directional off-site sign in lieu
of a freestanding sign shall not entitle an applicant to request a transfer of
sign area as outlined in subsection six of this section.
vii. Property
within the Ahwahnee/ Nipinawasee Area Plan is excluded from the provisions of
this subsection.
6. Transfer of sign area: in any case where an applicant
foregoes the right to a freestanding sign, fifty percent of the allowable
freestanding sign area may be added to that otherwise allowed for the building
signs for that parcel of property or business complex. The application of this
provision shall be by written document approved by the planning
department.
7. Double-faced signs: where a freestanding sign designed to be
viewed from two directions is at no point thicker than thirty-six inches and the
two faces of the sign are either parallel or the angle between them is thirty
degrees or less, the sign area shall be computed as the area of one face if the
two faces are of equal area, or as the area of the larger face if the faces are
of unequal area.
B. Building Signs.
1. Sign area: maximum allowable sign
area shall be calculated at one square foot of aggregate sign area for each
lineal foot of the building face to which it is attached; provided, that the
total sign area for any unit of operation shall not exceed an aggregate of
eighty-five square feet per building side; and further provided, that no sign
shall be less than ten square feet per business unit. Buildings set back two
hundred fifty feet or more from a public street shall be permitted one square
foot of sign area per one lineal foot of building face with a maximum of two
hundred twenty-five square feet of sign area per unit of
operation.
a. Window signs: window signs exceeding three square feet in area
shall be computed in the building sign area. Appurtenant signs shall be computed
in the window sign area.
b. Public use board/tack board shall not exceed
twelve square feet and shall not be computed in the building sign
area.
2. Height: the top of any building sign shall not extend above the top
of the overall building elevation.
3. Projection: eave and wall signs shall
project no more than thirty-six inches horizontally beyond the overall building
line.
4. Clearance: no sign shall extend to within twelve inches of the end
of the wall or to the line which divides the businesses sharing such
wall.
5. Sign averaging: to maintain a basic identity for a business
complex, the sign area of a building face may be reallocated among the tenants
and/or the business owners. The reallotment can not exceed the cumulative sign
area of that building’s tenants or owners.
C. Awning Signs. Awning
signs shall be counted as part of the total allowable building sign
area.
D. Combination Sign. Combination signs shall meet the most restrictive
classification to which any portion is subject.
E. Flags. Except for
official flags, no flag shall be larger than five feet by seven feet and shall
be counted as part of the freestanding sign area. Flag pole maximum height for
any flag shall not exceed thirty feet above finished grade.
F. Illumination.
Signs may be illuminated only by the following means:
1. By a white steady
stationary light of reasonable (seventy-five foot lamberts) intensity shielded
and directed at the sign; or
2. By interior nonexposed lights of reasonable
(eight hundred Ma high output fluorescent tube) intensity,
except for time
and temperature signs using LED low power incandescent bulbs.
No sign shall
be placed so as to produce glare on a public street or adjacent property or to
cast light into any dwelling unit or dwelling building.
No signs shall be
erected at or near the intersection of any streets or of a street and driveway
in such manner as to obstruct free and clear vision or at any location where, by
reason of the position, shape, color, illumination or wording, the sign may
interfere with, obstruct the view of or be confused with any authorized traffic
sign, signal or device, or otherwise constitute a hazard to pedestrian or
vehicular traffic because of intensity or direction of
illumination.
G. Neon.
1. Internal neon signs, intended to be viewed
only from outside a window, provided such signs do not exceed four square feet,
are included as part of the total allowable sign area and may only be installed
within the interior of the building.
2. Exterior exposed neon signs with
opaque or frosted tubing, not clear tubing, are allowed on building signs only.
No exterior exposed neon signs are allowed on canopies, freestanding signs or
signs allowed without a permit.
H. Off-Premise Signs. An off-premise sign
shall be allowed only in commercial or industrial zones and shall be computed as
part of the total allowable freestanding sign area for the parcel upon which it
is placed. Such off-premise sign shall be included within the freestanding
sign(s) allowed for the parcel upon which it is placed. No off-premise sign
shall be located within one thousand feet of any other off-premise sign nor
within five hundred feet of any road or railroad interchange, intersection at
grade or any safety road side rest area. No off-premise sign shall be erected
without prior issuance of a zoning permit pursuant to Chapter
18.104.
I. Outdoor Businesses. Outdoor businesses shall meet the same
requirement as for other businesses including freestanding signs and directional
on-site sign regulations.
J. Subdivision Signs. Subdivision signs shall not
exceed thirty-two square feet in sign area per face. Maximum height shall be
twelve feet and ten feet wide. Pennants, streamers, flags or other
appurtenances are not permitted. All signs shall be placed a minimum of one
hundred feet from any other sign and only one subdivision sign shall be allowed
per street face. Subdivision signs shall be located a minimum of ten feet from
any right-of-way or property line. The sign shall be located only on the
property which is advertised thereon. Subdivision signs shall be removed upon
the sale of ninety percent of all units in the development. Any model home
advertising a development shall not be included in the determination whether
ninety percent of all units have been sold. Any change of copy to advertise a
different subdivision shall require a new sign permit. Illuminated or lighted
signs shall not be permitted.
K. Time Clock and/or Temperature Signs. Time
clock and/or temperature signs shall not be calculated in sign area permitted on
a parcel of property if less than eight square feet in area.
L. Master
Architectural Sign Plan for a Business Complex. All signs proposed for erection
on or within a business complex shall be designed and erected according to a
master architectural sign plan approved by the zoning administrator. No new
sign shall hereafter be erected on or within such a business complex unless a
master sign plan has been approved and such sign is in conformity with that
master plan. (Ord. 525-W §1, 2006; Ord. 525K §2, 2001; Ord. 525D
§1(part), 1993).
18.91.050 Signs allowed without a sign permit.
A. Exception to Permit Requirements. The following signs shall be excluded
from all requirements of this chapter:
1. Memorial signs or tablets, or
names of buildings and dates of erection when cut into any masonry or when
constructed of bronze or other incombustible material permanently fastened to a
building or structure, not exceeding eight square feet area;
2. Official
flags no larger than eight feet by twelve feet in size. The maximum height of
the flag pole shall not exceed thirty feet above finished grade;
3. Official
traffic, fire and police signs; signals, devices and markings of public agencies
and utilities; other safety signs; legal notices;
4. Signs required by
county, state or federal laws or regulations; provided, that the size does not
exceed the minimum size required by the law or regulation;
5. Name plates,
identification, or business sign not exceeding two square feet in area and
attached to the building, illuminated only by indirect lighting, and limited to
one sign per business;
6. Change in messages or advertising text on a
bulletin board, theater marquee or similar signs specifically designed for use
of replaceable copy;
7. Total window sign area for a business including
decals and illuminated signs, not exceeding three square feet in
area;
8. Service signs not exceeding three square feet in area and twelve
square feet in the aggregate;
9. Service station signs required by state
and/or federal regulations;
10. Tire chain service signs not exceeding three
square feet each in area and no more than six square feet in the aggregate for
any business providing tire chain services;
11. Temporary signs:
a. A
business may have temporary signs for up to fifteen consecutive days, but not
more than an aggregate of one hundred twenty days within a year.
b. Any
temporary use in excess of the fifteen consecutive days or one hundred twenty
days aggregate period will require a zoning permit.
c. Signs pertaining to
any civic, patriotic or special event of general public interest taking place
within the general community may be used for up to forty-five days.
B. Real
Property Signs. Real property signs shall be placed upon the property only in
accordance with the following restrictions:
1. Size: each sign may be double
faced.
a. Single family zoning:
i. Parcels under five acres may have a
maximum of five square feet per sign face and one sign per street
front.
ii. Parcels between five and twenty acres may have a maximum of
twenty square feet per sign face and one sign per street front.
iii. Parcels
over twenty acres may have a maximum of thirty-two square feet per sign face and
one sign per street front.
b. All other zoning:
i. Parcels under five
acres may have a maximum of twenty square feet per sign face and one sign per
street front.
ii. Parcels over five acres may have a maximum of thirty-two
square feet per sign and one sign per street front.
2. Height: no portion of
a sign or the standard to which it is affixed shall be more than six feet above
the finished grade, unless affixed to a
building.
3. Placement:
a. Affixed to the building or
structure;
b. Displayed in a window;
c. Free-standing but not attached
to a tree, light standard, telephone pole or vehicle.
4. Number of signs:
two “open house” signs may be placed during the time the property is
open for general public viewing. Signs shall be placed upon the actual property
to which they pertain or a contiguous property with the owner’s written
approval. Off-premise directional signs with or without logos or arrows shall
not be erected except that one directional sign conforming to the size and
height requirements of this section may be installed at the intersection of
roads where street name signs are not posted.
5. Materials:
a. Real
property signs shall be maintained in good order and repair, and shall not be
illuminated and shall be of nonreflective materials.
b. Pennants, flags,
balloons or other similar devices or materials shall be allowable only at
“open house” events, during the time the property is open for public
viewing and never longer than seventy-two hours per week.
6. All real
property signs shall be removed within fifteen days after escrow closes on the
property advertised by said signs.
C. Subdivision Identification Signs. One
identification sign shall be allowed; provided, that the sign does not exceed
eight square feet for a residential or multifamily subdivision containing one to
nine units, or sixteen square feet for each multifamily complex containing ten
to twenty-nine units, or thirty-two square feet for each multifamily complex
with thirty or more units. Maximum height of such sign shall be four
feet.
D. Trade Construction Signs.
1. In residential zones, such sign(s)
shall not exceed an aggregate of thirty-six square feet and shall be restricted
to one common area on a construction site.
2. In a multifamily,
institutional, commercial or industrial zone, such sign(s) shall not exceed an
aggregate of one hundred twenty-eight square feet and shall be restricted to one
common area on a construction site.
3. A trade construction sign shall be
erected on a structure, or temporary poles only and shall never be attached to
natural features such as trees or rocks. Such a sign shall not be erected prior
to the start of construction, and shall be removed before a certificate of
occupancy is issued.
E. Political and/or Campaign Signs. Political and/or
campaign signs shall be in compliance with all county and state laws and
regulations and shall not constitute a public safety hazard as defined in
Section 18.91.030. (Ord. 525D § 1(part), 1993).
18.91.060 Prohibited signs.
A. Prohibited Signs, Generally. The following signs are
prohibited:
1. Signs affixed to natural features such as trees, rocks,
shrubs and the like or utility poles, and the like;
2. Privately owned signs
located on or projecting over a public right-of-way;
3. Advertising
statuary;
4. All exterior exposed neon signs made of clear
tubing;
5. Moving arc lights.
B. Animated Signs. Animated signs which
rotate, move, flash, fluctuate, blink or appear to do any of the foregoing,
shall be prohibited unless required by law or utilized by a proper governmental
agency; provided, however, the provisions of this section shall not be applied
so as to prohibit the following:
1. Time-clock and/or temperature
signs;
2. Barber poles of traditional design, not to exceed thirty inches
high, which revolve during the time a barber shop is open for
business.
C. Mobile Signs. The parking on any street, or on public or
private property, of any vehicle to which a sign is attached or suspended, or
the movement of any such vehicle in and along any street, for the sole or
primary purpose of displaying advertising matter, is declared to be a nuisance
and a violation of this section. No person shall drive, operate, move in and
along or park on any street or on public or private property, any motor vehicle,
trailer, carriage, wagon, sled or other vehicle on which is attached or
maintained any sign displaying any commercial advertising matter, except for the
following which are permitted:
1. Political signs, provided such are not
otherwise prohibited by county or state laws or regulations;
2. A
nonprojecting sign attached, affixed, or painted upon the door or side of a
motor vehicle and which contains the following information:
a. The name of
the business in which the vehicle is customarily used, and/or
b. The
address, city or town and telephone number of the business in which the vehicle
is customarily used, and/or
c. A motto, slogan, or logo designed and
intended to be associated with the business in the minds of the general public
and its customers;
3. The incidental display of noncommercial stickers,
plates, license plate brackets and the like; or of customary small
identifications on license plate brackets or elsewhere, of vehicle
manufacturers, models or types of vehicles or dealers or entities from whom such
vehicles were obtained;
4. A single isolated movement of a sign or sign
equipment or materials from one place to another.
D. Deceptive Signs and
Names Indicating Price or Rate, Services or Number of Units Available. No sign
shall be permitted anywhere or at any time which, by varying the size of print,
by wording, by coloration or by any other device, gives a viewer a false or
deceptive impression of prices or rates, charges or the services or number of
units available.
E. Abandoned Signs. Except as may be otherwise provided in
this chapter, any sign including its supporting structure, except for an
approved off-premise sign, which is located on property which becomes vacant and
unoccupied for a period of one hundred eighty days or more, or any sign which
pertains to a time, event or purpose which no longer applies, shall be deemed to
have been abandoned. Permanent signs applicable to a business temporarily
suspended because of a change in ownership or management, or because of seasonal
operation, shall not be deemed abandoned unless the property remains vacant for
a period of one hundred eighty days or more. An abandoned sign is prohibited and
shall be removed by the owner of the sign or owner of the premises. All costs
incurred in removing an abandoned sign may be charged to the legal
owner.
F. Unlawful Signs, Generally. Except in the case of a public officer
or employee in the performance of a public duty, or a private person giving
legal notice, or a lawful sign erected as provided herein and with the consent
of the property owner, no person shall paste, post, paint, print, nail, tack or
otherwise fasten or place any card, banner, handbill, sign, poster,
advertisement or notice of any kind upon any real or personal property. (Ord.
525D § 1(part), 1993).
18.91.070 Nonconforming signs.
A. Nonconforming Signs.
1. Any sign lawfully existing or for which a
permit has been issued prior to the effective date of this chapter, but which
does not conform to the provisions of this chapter, is a nonconforming sign. A
sign lawfully existing or for which a permit has been issued and which exceeds
the area or height regulations of this chapter by twenty-five percent or less
shall be deemed in compliance with this chapter and is not a nonconforming
use.
2. Nonconforming signs shall not be altered (except as permitted in
subsection (A) (3) of this section), replaced, enlarged or reconstructed, except
in such a manner as to cause the sign to conform fully to this chapter. A
nonconforming sign may be maintained and/or the advertising text changed without
affecting its nonconforming status.
3. A nonconforming sign destroyed or
damaged may be replaced as originally constructed and placed. In the event
amortization is applied for, the zoning administrator shall base his or her
decision on those factors outlined in Section 18.90.080 of Chapter 18.90 of the
County Zoning Ordinance. All factors shall be based on the date of construction,
placement and cost of the original sign, not the replacement sign.
4. No
permit shall be issued for any new sign or advertising structure for a unit of
operation with nonconforming signs which would then cause the total signage for
that unit of operation to exceed the maximum allowable sign area as defined in
this chapter.
5. A nonconforming sign that becomes a traffic hazard due to
the relocation of a street or highway or by other acts of the county, state, or
federal government may be relocated.
B. General
Provisions.
1. Compliance with the provisions of this chapter shall not
preclude compliance with the building and/or zoning code of the county of
Madera, as may be applicable to the construction or maintenance of a
sign.
2. Every sign shall be maintained in good structural condition at all
times and defective parts replaced as required by the building official. The
building official shall have the authority to remove signs which constitute a
hazard to health, safety or public welfare by reason of inadequate maintenance,
dilapidation or obsolescence, pursuant to the procedures set forth in Chapter
18.90 of this code. (Ord. 525D § 1(part), 1993).
18.91.080 Administration.
A. Incorporation of Zoning Code Provisions. Provisions of Chapter 18.90
and Chapter 18.106 of Title 18 of the Madera County Code are incorporated.
Except as specifically modified by this chapter, the provisions of Chapter 18.90
and Chapter 18.106 govern signage within the overlay
district.
B. Enforcement of Chapter. Unless otherwise specified, it shall be
the duty of the zoning administrator to enforce all provisions of this chapter.
It is unlawful for any person to interfere with such officer in the performance
of duties assigned under this chapter.
C. Deactivation of Signs. Any sign,
including signs lawfully erected prior to the adoption of this chapter, which
rotates, moves, scintillates, blinks or flashes shall be deactivated within
sixty days from the effective date of this chapter, without
compensation.
D. Abatement Period.
1. Legal nonconforming signs erected
or in place or for which a permit has been issued as of the effective date of
this chapter shall be removed or brought into compliance, without compensation,
to conform with this chapter within fifteen years from the effective date of
this chapter.
2. The sign owner or owner of the parcel upon which the sign
is located may request the zoning administrator to establish an amortization
period pursuant to Chapter 18.90.080 of the Madera County Zoning Ordinance in
excess of the abatement period of fifteen years.
E. Violations.
1. Any
sign, other than an off-premises sign, which is not functional, abandoned or
which is not used for advertising purposes for a period of one hundred eighty
consecutive days, shall be removed from the parcel upon which it is located by
the owner of said sign or the owner or lessee of the parcel upon which the sign
is located.
2. All illegal signs and all signs which are not nonconforming
signs and which do not conform with the provisions of this chapter, constitute a
public nuisance and shall be removed at the expense of the sign owner, and the
owner and lessee of the parcel upon which the sign is located.
3. Any sign
which constitutes a violation of subsections (E)(1) or (2) above, may be abated
and the costs of abatement recovered pursuant to the procedure set forth in
Chapter 18.112 of this code. The enforcement provisions contained in this
subsection shall be in addition to any other remedy provided by law.
F. Sign
Guidelines. Upon adoption of this chapter, the zoning administrator and the
planning department may supplement provisions of this chapter with sign
guidelines.
G. Permit/Fees Required. It is unlawful for any person to erect,
enlarge, alter, replace or relocate any sign or other advertising structure, or
to install any sign or other advertising structure, or to install or alter any
electrical wiring or fixtures therein without having first obtained a permit
from the planning department and paying the required fees as determined by the
planning department unless a sign is otherwise exempt by this
chapter.
H. Appeals. Any person dissatisfied by a decision of the zoning
administrator has the right of appeal pursuant to the procedure set forth in
Article II, Chapter 18.108 of this code.
I. Summary Abatement. The county
planning director, engineer, road commissioner, sheriff and fire chief or their
designees, may abate, including abatement by removal, without prior notice and
hearing, any sign which poses an immediate threat to the safety of persons or
property. Within ten days of summary abatement, the abating official shall give
written notice to the owner of such sign and the owner and lessee of the parcel
upon which such sign was located. The sign owner or parcel owner or lessee shall
have the right to hearing pursuant to Chapter 18.112 of this code as to
determine the nature of the threat and the appropriateness of the abatement
action taken. This hearing may be combined with a hearing by the county to
determine whether the costs of abatement should be assessed to the owner as
provided in Chapter 7.20 of this code.
J. Severability. If any section,
subsection, sentence, clause, phrase or portion of this chapter or the
application thereof is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion or application shall be deemed a
separate, distinct and independent provision and such provision shall not affect
the validity of the remaining portions thereof. The board of supervisors
declares that it would have adopted this chapter, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one of
the sections, subsections, sentences, clauses or phrases, or the application
thereof, be declared invalid or unconstitutional. (Ord. 525D § 1(part),
1993).
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