Chapter 5.18
SIGN REGULATIONS
Sections:
5.18.080 Freestanding directional signs.
5.18.090 Tenant identification signs.
5.18.100 Off-site advertising.
5.18.120 Maintenance and use of nonconforming signs – Removal without compensation.
5.18.130 Removal of illegal signs – Procedure.
5.18.140 Inventory and abatement.
5.18.150 Abandoned, dilapidated or unsafe signs, frames, structural members and supporting poles.
5.18.010 Purpose and intent.
The purpose of this chapter is to establish sign regulations that are intended to:
A. Protect the general public health, safety, welfare, and aesthetics of the community.
B. Promote the City’s standards for appearance by regulating the design, character, location, type, quantity, quality or materials, scale, color, illumination, and maintenance of signs.
C. Improve pedestrian and traffic safety.
D. Maintain and enhance the City’s ability to attract and retain businesses which are sources of economic development, employment and revenue for the City and its residents.
E. Minimize the possible adverse effect of signs on nearby public and private property.
F. Enable the fair and consistent enforcement of these sign regulations. (Ord. 97-17, 10-28-1997)
5.18.020 Applicability.
No sign may be erected, placed, established, painted, created, or maintained in the City except in conformance with the sign standards, procedures, exemptions, and other requirements of this chapter.
The effect of these regulations is to:
A. Establish an approval system to allow for a variety of types of signs, subject to the standards and procedures of this chapter.
B. Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for formal approvals.
C. Provide for temporary signs in limited circumstances.
D. Provide for the repair or removal of abandoned, dilapidated or unsafe signs.
E. Provide for the enforcement of the provisions of this chapter. (Ord. 97-17, 10-28-1997)
5.18.030 Approvals.
A sign approval shall be required from the Planning Department and/or Architectural Review Committee before erection or display of any signs, except as provided by NCC 5.18.050. A building permit is generally required for most types of new signs made of permanent materials, and shall be obtained concurrent with or immediately following any sign approval required, as applicable.
A. A sign approval shall expire 12 months after its effective date, unless the sign has been erected or a different expiration date is stipulated at the time of approval. A sign approval shall remain valid for the duration of any building permit issued for the proposed sign.
B. A sign approval shall become void if the sign is not constructed, installed, or maintained in accordance with the approved application. The sign will then be considered illegal, and shall be required to be corrected to conform to the terms of this chapter, or be abated according to the provisions of NCC 5.18.130. Any sign not legally erected or erected without a sign approval after the effective date of the ordinance codified in this chapter shall be considered illegal.
C. All approved signs shall conform with all applicable City design standards and policies including, but not limited to, specific plans, area plans, and other criteria established by the City. (Ord. 97-17, 10-28-1997)
5.18.040 Fees.
For signs requiring a building permit, appropriate fees shall be determined as per the City Building Department and/or Uniform Building Code. (Ord. 97-17, 10-28-1997)
5.18.050 Exempt signs.
A sign approval is not required for the signs contained in this section. The location, number and area of these signs are regulated only by this section and are allowed in addition to signs regulated by other sections of this chapter.
A. Official Signs. Official signs posted pursuant to and in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).
B. Interior Signs. Signs located in the enclosed lobby or court of any building or group of buildings, which are not visible from or located within the public right-of-way.
C. Window Signs. Signs in windows not exceeding one-third of the window area.
D. Informational Signs. Signs for the safety and convenience of the public such as “restrooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature, up to two square feet per sign, unless a larger sign is otherwise required by State or Federal law.
E. Political Signs. Nonilluminated signs intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental election are permitted in any number, either freestanding or attached, limited to a total sign area of six square feet per sign in residential zones and not exceeding 32 square feet in other zones. Any such sign shall be erected not earlier than 120 days prior to an election and shall be removed within 10 days after such election. No sign shall be erected on private property without the property owner’s consent. No sign shall be located within 100 feet of a polling place.
F. Nameplates, Street Addresses, and Building Directories. Street addresses and nameplates not exceeding two square feet in area for single-family or duplex structures and four square feet per sign for all other uses, and displaying only the name of the premises upon which it is displayed; the name of the owner or lessee of such premises; and/or the address of such premises. Buildings with more than five tenants may have building directories not to exceed nine square feet, affixed flat against the wall of a building, or as a ground sign, which only show the name and/or address of the persons or entity occupying the building.
G. Seasonal Decorations. Holiday greetings, decorations, and displays, such as those which relate to Christmas, Halloween, and the like, excluding advertising signs disguised as seasonal decorations.
H. Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of construction, provided the sign does not exceed four square feet in area.
I. Flags. The flag of any country, state, school, or duly constituted governmental body, or charitable, civic, or nonprofit organization, when not intended to be displayed for advertising purposes.
J. Artwork. Any sculpture, display or decoration clearly intended to be a work of art rather than related to the use of the property, as determined by the Planning Director. Any decision of the Director may be appealed to the Planning Commission.
K. Bulletin Boards. Bulletin boards not over 24 square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.
L. Religious Symbols. Nonilluminated, nonverbal religious symbols on the site of a religious institution, as long as the symbol is no higher than the overall height of the building on the same site, except as may be permitted by the regulations of the zone with Planning Commission approval.
M. Real Estate Signs.
1. One nonilluminated sign on each street frontage for any lot or building which serves solely to advertise the sale, lease or rental of or an offer to build to suit on the premises where the sign is located, provided the sign does not exceed 24 square feet in area and 10 feet in height if the sign is in a commercial, professional or industrial zone, or six square feet in area and four feet in height if the sign is in a residential zone.
2. Three nonilluminated open house directional signs, each not exceeding three square feet in area and 42 inches in height, which shall be permitted during daylight hours only in the general vicinity of the open house, provided they do not contain any advertising message other than the real estate office name, and that such signs are located on private property with permission of the property owner.
N. Garage Sale Signs. One sign may be permitted to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, not to exceed six square feet in area nor six feet in height, provided the resident has obtained a garage sale permit pursuant to this Code. Placement of signs within the public right-of-way (as listed in NCC 5.18.060) shall not be allowed. (Ord. 97-17, 10-28-1997)
5.18.060 Prohibited signs.
Except as otherwise provided, the signs described in this section are prohibited:
A. Signs constituting a potential traffic hazard by being placed in such a manner as to obstruct free and clear vision of pedestrian traffic, or which simulate in size, color, lettering or design any traffic sign or signal.
B. Signs within the public right-of-way, including those on street trees, utility poles, street signals, street lights, street name signs, or traffic warning signs, except official signs or other signs specifically permitted by NCC 5.18.050.
C. Signs consisting of any moving, swinging, rotating, flashing, blinking, or otherwise animated components, except barber poles, clocks or thermometers.
D. Windblown devices and signs whose movement is designed to attract attention, such as pennants, flags, inflatable signs or balloons, inflatable animals or similar signs, with the exception of those specifically permitted or exempted by NCC 5.18.050 or 5.18.070 or any design guidelines of an adopted specific plan.
E. Vehicle signs or signs on or affixed to trucks, vans, automobiles, trailers or other vehicles which advertise, or provide direction to, a use or activity not related to the lawful making of deliveries or sales of merchandise or rendering of service from such vehicle.
F. Portable signs or freestanding signs not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies, including A-frame signs, unless specifically allowed by NCC 5.18.070. Real estate signs are exempt pursuant to NCC 5.18.050.
G. Obstructing signs or signs erected in such a manner that any portion of their surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door ventilator or window.
H. Roof signs or any signs erected, constructed and maintained upon or over the roofline of any building.
I. Any sign located on vacant or unoccupied property that was erected for a business which has since vacated1.
J. Indecent signs or signs containing statements, words, or pictures of matter considered indecent, immoral, obscene, or patently offensive. Location and visibility of the sign will be considered by the Director and/or the Planning Commission in determining whether this provision is applicable.
K. Permanent signs containing fluorescent colors as all or part of their copy. (Ord. 97-17, 10-28-1997)
5.18.070 Temporary signs.
Temporary signs are those nonilluminated signs on private property either designed to be displayed for a short period of time; are not permanently affixed to a building or property; or are constructed of lightweight materials such as paper, cloth, cardboard, wallboard, etc. A sign approval is required for the following temporary signs:
A. Grand Opening and Special Event Signs. Temporary signs used in conjunction with a grand opening and/or special event signs are permitted as long as the grand opening or special event does not exceed 30 calendar days. Signs displayed in conjunction with permits issued for temporary uses shall be allowed for the specified duration of the use. The permit issued shall specify the number and area of signs, and the date the signs are to be removed.
B. Construction Signs. One such sign not to exceed 40 square feet in area and eight feet in height is permitted per building site, located a minimum of 10 feet from the street right-of-way line. No construction sign shall be erected prior to the issuance of a building permit. In addition to information on the new building(s), and/or identification of architects, engineers, contractors and financiers, the sign may include any sketch or architectural rendering of the proposed use.
C. Subdivision Signs.
1. A maximum of two on-site, nonilluminated double-faced signs advertising a residential subdivision are permitted, limited to 32 square feet per side, two side maximum, and eight feet in height, located a minimum of 10 feet from the street right-of-way. These signs shall be removed not later than two years from the recording date of the subdivision, except that the Planning Director may grant one-year time extensions until 90 percent occupancy is reached.
2. Two nonilluminated off-site subdivision sales signs identifying the location of the subdivision shall be permitted per development, limited to 32 square feet per side, two side maximum, and eight feet in height. The sign shall be located on nonresidential private property, a minimum of 10 feet from the street right-of-way, where it shall not constitute a traffic hazard. These signs shall be removed, no later than two years from the recording date of the subdivision, except that the Planning Director may grant one-year extensions until 90 percent occupancy is reached.
3. Additional on-site signs containing information about the model name or number, floor plan, area or price are permitted in residential subdivisions provided there is not more than one such sign for each model. Signs concerning models shall not have an area exceeding three square feet nor a height of more than three feet, and shall be located immediately adjacent to the model to which they refer. Signs authorized under this section shall not be erected until the subdivision map is recorded and building permits are issued for the construction of the project.
4. One subdivision banner for grand openings not to exceed 72 square feet in area or 20 feet in height may be permitted within the boundaries of the recorded subdivision. In addition, a maximum of four flags not to exceed 20 feet in height and eight square feet in area may be permitted within the subdivision. The banner and flags shall be permitted for no more than 90 days from the date specified on the sign approval.
5. One nonilluminated sales office sign which shall not exceed 12 square feet in area, may be permitted to be attached to the model home or temporary trailer, and shall not be higher than the plane surface to which it is attached.
D. Portable On-Premises Signs. For portable on-premises signs such as A-frame, I-frame, sandwich board, etc., approval must be secured from the Planning Department and/or the Planning Commission. Guidelines and a permit process have been established (Resolution 95-1). (Ord. 97-17, 10-28-1997)
5.18.080 Freestanding directional signs.
A. Freestanding directional signs may be allowed in any multiple-family, professional, commercial, or industrial zone as deemed appropriate in size, number and location by the Planning Director.
B. Directional signs are not permitted to obstruct traffic visibility.
C. The maximum height of this type of sign shall not exceed six feet.
D. The maximum allowable sign area permitted per side or face is eight square feet. (Ord. 97-17, 10-28-1997)
5.18.090 Tenant identification signs.
The following regulations apply to the primary source of on-site advertising for legally maintained uses:
A. Single-Family Residential (Single- and Two-Family Uses).
1. For street addresses, nameplates, etc., see NCC 5.18.050(F).
2. For single-family residential subdivisions, one monument sign identifying the name of the development may be permitted on each side of the main entrance. The sign, or lettering on a wall or fence, may not exceed 20 square feet in area. The sign shall be located in a landscaped common or dedicated area, and shall not be permitted to obstruct traffic visibility.
B. Multiple-Family Residential.
1. One parallel attached, group, or monument sign per street frontage is permitted, not to exceed 20 square feet per face.
2. The sign shall be located in a landscaped common or dedicated area, and shall not be permitted to obstruct traffic visibility.
3. One ground sign is permitted.
C. Office, Churches, Private Clubs, Educational Institutions, Public Buildings and Facilities.
1. Any number of parallel attached signs is permitted, as long as the total area does not exceed one square foot of sign area per lineal foot of primary business frontage, and one-half square foot of sign area per lineal foot of secondary business frontage.
2. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet above the sidewalk and two feet from the face of the curb.
3. One ground sign is permitted, not to exceed 25 square feet in area and six feet in height.
4. Signs more than six feet in height may be allowed for certain uses listed later in this section.
5. One projecting sign is permitted.
D. Retail/Commercial. The following regulations apply primarily to single-tenant buildings, or multiple-tenant buildings located in a (C) Zoning District. Shopping centers, major single-tenant and multitenant commercial buildings located on sites more than one acre in size are described in subsection (F) of this section.
1. Within the Focus Areas “A,” “B” and “C” of the Newman Downtown Area as described in the General Plan and/or Newman Downtown Revitalization Plan, any number of parallel attached signs is permitted, as long as the total area does not exceed one square foot of sign area per lineal foot of primary business frontage, and one-half square foot of sign area per lineal foot of secondary business frontage.
2. Outside the Newman Downtown Area and Highway 33 Corridor as depicted in the General Plan, Newman Downtown Revitalization Plan and/or Highway 33 Corridor Plan, any number of parallel attached signs is permitted, as long as the total area does not exceed two square feet of sign area per lineal foot of primary business frontage, and one square foot of sign area per lineal foot of secondary business frontage; provided, that the maximum area per sign does not exceed 200 square feet.
3. One ground sign is permitted, not to exceed 25 square feet in area and six feet in height.
4. In addition to the allowable signs noted above, one freestanding or attached menu board may be permitted for uses with drive-through windows, subject to the approval of the Planning Department. These signs may not be located within any required setback, may not be located along the primary street frontage, and may not be permitted to obstruct traffic visibility. The main function of this type of sign is for customer convenience rather than business advertisement.
5. Signs more than six feet in height may be allowed for certain uses listed later in this section.
6. A sign program approved by the Architectural Review Committee and/or the Planning Commission in conjunction with any discretionary permit or approval shall be required for all new commercial and industrial centers consisting of four or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. This shall be achieved by:
a. Using the same background color, and generally allowing signs to be up to three different colors and up to two type styles per multitenant center.
b. Using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports.
c. Using the same form of illumination for all signs.
d. Using the same lettering height for all signs.
e. Major tenants will be permitted to deviate from the sign program to accommodate national trademarks or logos.
7. One projecting sign is permitted.
E. Industrial. The following regulations apply to Industrial (I) and (M) Zones:
1. Any number of parallel attached signs is permitted, as long as the total area does not exceed two square feet of sign area per lineal foot of primary business frontage, and one square foot of sign area per lineal foot of secondary business frontage; provided, that the maximum area per sign does not exceed 200 square feet.
2. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet above the sidewalk and two feet from the face of the curb.
3. One ground sign is permitted, not to exceed 48 square feet in area and eight feet in height:
a. Using the same background color, and generally allowing signs to be of up to three different colors and up to two type styles per multitenant center.
b. Using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports.
c. Using the same form of illumination for all signs.
d. Using the same lettering height for all signs.
e. Major tenants will be permitted to deviate from the sign program to accommodate national trademarks or logos.
f. Signs more than six feet in height may be allowed for certain uses listed later in this section.
F. Shopping Centers, Major Single-Tenant and Multitenant Commercial and Industrial Buildings Within a (C), (I), or (M) Zoning District.
1. A sign program approved by the Architectural Review Committee and/or the Planning Commission in conjunction with any discretionary permit or approval shall be required for all new commercial and industrial centers consisting of four or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. This shall be achieved by:
a. Using the same background color, and generally allowing signs to be of up to three different colors and up to two type styles per multitenant center.
b. Using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports.
c. Using the same form of illumination for all signs.
d. Using the same lettering height for all signs.
2. In addition to other signs allowed by this section, one monument sign identifying the name of the development may be permitted on each side of the main entrance. The sign, or lettering on a wall, may not exceed 30 square feet in area and eight feet in height. The signs shall be located in a landscaped planter or setback, and shall not be permitted to obstruct traffic visibility.
G. Ground Mounted Pole Signs Within an (I) or (M) Zoning District.
1. A ground mounted pole sign may be installed within any I or M district upon approval of a conditional use permit subject to the following:
a. The sign shall not be located along the Highway 33 Corridor as defined by the General Plan and/or the Highway 33 Specific Plan.
b. The sign shall be located on a street located within the Newman Industrial Area as defined by the General Plan and/or Newman Industrial Area Specific Plan.
c. The sign structure does not exceed 24 feet in height from street grade and the sign copy is not higher than 20 feet from street grade.
d. The property upon which the sign is placed has a minimum of 200 feet of street frontage.
e. The sign will not obstruct any public street, directional or safety sign.
f. The sign does not contain any flashing lights, moving objects, or reader-board style copy.
g. The sign will not interfere with or detract from street tree placement along City streets.
H. Special Sign Provisions Within a (C), (I) or (M) Zoning District.
1. Subject to a conditional use permit, the Planning Commission may approve special sign provisions that would result in a minor modification to the above standards where:
a. The sign has “historic” value in that it has been in existence for 50 years or more and it is determined that the preservation of the sign in its original form, structure and size contributes to the historic tone of the community.
b. The unique nature of the property or site creates hardships for a business to compete with similar businesses in the area that are operating under the same rules and regulations. (Ord. 2000-1 §§ 4 – 8, 5-23-2000; Ord. 97-17, 10-28-1997)
5.18.100 Off-site advertising.
Off-site advertising shall be allowed with a conditional use permit in Industrial (I) or (M) zones, subject to the following provisions:
A. Location. All off-site advertising shall be located outside of and not clearly visible from the Highway 33 Corridor designated by the General Plan and/or the Highway 33 Specific Plan. All off-site advertising shall be a minimum distance of 1,000 feet apart.
B. Types of signs permitted: freestanding pole signs, ground signs, attached signs.
C. Total aggregate surface area permitted: 100 square feet maximum on one side. Direct or indirect lighting is permitted. Cut-outs or protrusions beyond the sign frame or plane of the sign face are prohibited.
D. Maximum Height Permitted.
1. All attached signs shall be no higher than the plane surface to which they are attached.
2. The height of all pole and ground signs shall not exceed a maximum of 20 feet above the adjacent highway grade. (Ord. 2000-1 § 9, 5-23-2000; Ord. 97-17, 10-28-1997)
5.18.110 Illumination.
A. Direct or indirect lighting methods are allowed provided that they are not harsh, unnecessarily bright, and shall be so located or shielded to prevent glare to surrounding properties or streets.
B. Signs shall, if lighted, have white or amber lighting. No sign shall have exposed fluorescent tubes or incandescent bulbs.
C. Signs visible from an R District shall not be illuminated between 10:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours.
D. No movement, or apparent movement of, or in, a sign or change in intensity of sign illumination shall be permitted. A time or temperature sign or theater canopy sign consistent with other regulations of this section, and including nonchangeable texts, shall be permitted.
E. Signs with plastic faces shall be constructed of rigid plastic material and constructed in a manner which presents a planar surface with no visible warpage of the sign face and visible seams. (Ord. 97-17, 10-28-1997)
5.18.120 Maintenance and use of nonconforming signs – Removal without compensation.
A. Any sign legally established pursuant to any prior ordinances or regulations of the City which fails to conform to the requirements of this chapter shall be allowed continued use, except that any such sign shall not be:
1. Structurally altered so as to extend its useful life.
2. Expanded, moved, or relocated.
3. Used, if its use has ceased, or if a change of the business advertised occurs, or the structure upon which the sign is located has been abandoned by the business owner or the person responsible for the business except, however, should said sign’s frame have been in existence less than seven years, the use may continue until the seventh year has elapsed, at which time the sign shall be removed.
B. Any legally nonconforming sign which fails to conform to the provisions of this chapter shall be either abated or removed, or brought into compliance with the provisions of this chapter, without the payment of any compensation to the owner, if any of the criteria set forth in California Business and Professions Code Section 5497, as it presently exists or as it may be amended, are found to exist. (Ord. 97-17, 10-28-1997)
5.18.130 Removal of illegal signs – Procedure.
A. Any sign which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter, and any legally nonconforming sign which meets the criteria set forth, as it presently exists or as it may be amended, shall be either abated and removed, or brought into compliance with the provisions of this chapter, without payment of any compensation to the owner, pursuant to the procedure provided herein.
B. The Planning Director, or his/her designee, after conducting an investigation, shall order the abatement and removal of any such sign, or direct that such sign shall be modified to comply with the provisions of this chapter, by giving notice of violation to the business owner using said sign and to the owner of the real property upon which the sign is located. The notice of violation shall contain the following information:
1. It shall describe or otherwise identify the sign and specify the violation requiring its removal or correction.
2. It shall order that the sign be either removed or be brought into compliance with the provisions of this chapter within 30 days from the date that the notice of violation is mailed.
3. It shall contain a notice of the right to appeal as provided herein.
C. The notice of violation shall be sufficient if it is mailed via first class U.S. mail to the business owner at the business address upon which the sign is located, and to the property owner at the address shown on the last equalized assessment roll of the County. If there is no known business owner, notification of the owner of the real property as provided herein shall be sufficient.
D. If the business owner and/or the real property owner do/does not agree with the determination of the Director or his/her designee, either or both such parties may appeal the determination by filing with the office of the Director a notice of appeal, along with the required fee. The notice shall be served and received by the Director not later than 30 days from the date that the notice of violation was mailed.
E. The Director shall have the authority to extend the 30-day time period for the removal or correction of a sign, if he determines that the affected party is acting in good faith. Such extensions of time shall not exceed a total of 60 days without the prior approval of the Planning Commission.
F. Upon the timely receipt by the Director of a notice of appeal, an administrative hearing shall be set before the Planning Commission within 30 days of receipt of the said notice of appeal. Written notice of the date of the hearing on the appeal shall be given to the appellant via first class U.S. mail at least 10 days prior to the hearing date.
G. The Planning Commission shall hear and determine the appeal. As per this Code, the applicant or any other person not satisfied with the action of the Planning Commission, may within five days appeal, in writing, to the City Council. An appeal fee will be required prior to the City Council setting the matter for a public hearing.
H. Upon a determination by the Planning Commission that the offending sign must be removed, or in the absence of an appeal and upon the expiration of the 30-day compliance period, the City may cause the removal for the contracting for its removal with appropriate and qualified contractors.
The owner of the real property and/or the owner of the business upon which the sign is located shall be jointly and severally responsible for all costs and expense incurred by the City for the removal of the sign, and the City may cause a lien to be placed against said real property for such costs and expense. Nothing contained herein shall otherwise limit the City from enforcing such other legal remedies it may have to collect the cost and expenses incurred regarding property and/or the owner of the business located upon said property.
I. Signs removed by the City pursuant to this chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City of all costs of removal and storage. The City shall give written notice to the business owner and/or the owner of the real property within 30 days upon the payment to the City of all costs of removal and storage. The written notice so given shall contain a statement of the amount required to redeem said property. Said notice shall be served as provided in subsection (C) of this section.
If said property is not recovered prior to the expiration of the 30-day period, the sign and supporting structures shall be deemed abandoned, title thereto shall vest in the City, and the City may sell or otherwise dispose of the property as it may determine for satisfaction for its costs and expenses. (Ord. 97-17, 10-28-1997)
5.18.140 Inventory and abatement.
Within six months from the date of adoption of this chapter, the City shall commence a program to inventory and identify illegal or abandoned signs within its jurisdiction. Within 60 days after this six-month period, the City shall commence abatement of illegal or abandoned signs, pursuant to the same procedural rules set forth in NCC 5.18.130. (Ord. 97-17, 10-28-1997)
5.18.150 Abandoned, dilapidated or unsafe signs, frames, structural members and supporting poles.
A. Signs considered dilapidated, or signs determined to be unsafe and dangerous or hazardous to the public safety or welfare, shall be either repaired or removed from the site by the owner, agent or person having the beneficial use of the building, structure or premises upon which such sign may be found within 10 days after written notification.
B. The owner of an abandoned sign or the real property where the sign is located shall remove said sign within 30 days after receipt of written notification, if there is no further intended use of the sign and its structural portions. However, the owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of such sign in its present location, may, within 30 days after receipt of written notification, make an application to the Director for an extension of time. Where the owner submits reasonable evidence that he/she is endeavoring to secure a use for the sign (i.e., a new tenant, arrival of new product line, etc.), the Director may grant extensions of time. The Director may require, as a condition of granting such extension, to paint out, obscure, or remove some or all elements of the message or face portion, or structural members of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance and in harmony with the structure to which it is attached, and may require that such work be done within a specified time period after the granting of such extension, or the extension shall be invalidated by such failure. (Ord. 97-17, 10-28-1997)
5.18.160 Murals.
A. Intent. It is the intent of the City Council, for purposes of promoting the local economy, tourism, and for further purposes of beautifying the City of Newman, to adopt this chapter regarding murals, their location and design.
B. Definitions. As used in this chapter, the following definitions shall apply:
1. “Downtown Newman” means the area bounded by Inyo Avenue to the south, “M” Street to the east, Kern Street to the north and “P” Street to the west.
2. “Mural” means a permanent picture painted directly on an exterior wall or on panels to exterior walls.
3. “Mural project permit” means a permit issued by the City to a private party authorizing the painting of a mural within the City.
C. Mural Permit Required. The painting or placement of a mural on the exterior wall of any building or surface, that is not otherwise permitted under other provisions of this Code as a sign or advertising device, shall require a mural project permit.
D. Location of Murals.
1. Areas Established. Murals shall be located in two areas of the City of Newman. Area One shall be located within the downtown area only; Area Two shall be located within the remaining area of the City. The intent of the City Council regarding establishment of the two areas is to encourage concentration of murals in the downtown area of Newman; however, this intent should not be used as the sole rationale to deny murals in Area Two.
2. Mural Design Approval Required – Permit Issuance. Prior to painting, installation and/or execution of a mural, an application must be submitted for review and approval by the City Council.
3. Mural Design Amendment – Approval Required. Prior to amending a mural design (whether painted or not yet painted) that has been approved by the City Council, an application for an amendment of the permit shall first be approved by the Architectural Review Committee and the City Council. Upon approval by the Council, the permit for the mural shall be deemed amended.
4. Location of Murals. It is the intent of the City Council that murals be located on the side of public, commercial, industrial and multifamily residential buildings in both Area One and Area Two that have been approved by the City Council.
E. Criteria for Design of Murals. The following criteria shall apply to the design of murals submitted for approval:
1. The subject matter shall be of historical significance of the growth and development of the City of Newman and its surrounding environs.
2. The paint to be used and applied shall be appropriate for the use in an outdoor locale and for an artistic rendition and shall be of a permanent, long-lasting variety.
3. To the extent feasible, the mural shall be vandal and graffiti resistant.
4. The mural application shall contain a proposed program for the long-term maintenance of the proposed mural.
5. The Council may, from time to time, by resolution, adopt additional criteria and guidelines for the design of murals.
F. Mural Design Review.
1. All mural project permits shall be reviewed by the Newman Architectural Review Committee.
2. All application for mural permits shall be referred to the Newman Chamber of Commerce by the Newman Architectural Review Committee for review and comment prior to action by the Architectural Review Committee. The Chamber may offer suggestions and recommendation to the applicant, the Architectural Review Committee and/or the City Council to assist in the Mural Permit decision-making process.
3. The Newman City Council must approve a mural project permit before any mural project can begin.
G. Fees for Mural Permit.
1. Application Fee and/or Permit Issuance. In the event the City Council determines it appropriate, it may set, by resolution, a fee for the application and/or permit issuance.
H. City Council Approval.
1. City Council approval of a mural design shall occur only after public notice and an opportunity being provided to any interested party to present any appropriate comments, considerations and/or concerns, either in writing or orally, to the City Council.
I. Enforcement – Penalties.
1. Violation of this chapter constitutes a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County jail not to exceed six months or by both such fine and imprisonment. (Ord. 2001-6 § 1, 1-8-2002)
See NCC 5.18.150.