Shafter Zoning Code § 14.100 Kiosks, on-Site Subdivision

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

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The Planning Director shall review and may approve Temporary Sign Permits for temporary on-site subdivision signs for each main street frontage of the subdivision being subdivided. Signs shall be for the identification of the property being subdivided, price information, and the developer’s name, address and telephone number. Said signs shall comply with the following requirements:
- a. Shall not exceed thirty-two (32) square feet in area and fifteen (15) feet in height.
- b. Shall not exceed three (3) such signs for all such phases of any subdivision and shall not be located on interior streets of the subdivision. Three (3) additional signs per builder may be approved by the Planning Director for each merchant builder for residential developments within planned communities and shall be located within the site boundaries of the planned community.
- c. Shall be removed within ten (10) days from the final initial sales of the subdivision.
- d. Shall not be illuminated.
On-Site Commercial Real Estate Signs may be permitted without a sign permit as follows:
- a. Shall not exceed thirty-two (32) square feet in area and fifteen (15) feet in height.
- b. Shall not exceed one (1) per street frontage or a total of three (3) per site.
- c. Shall be removed within ten (10) days from the final sale or lease of the subject property or building.
- d. Shall not be illuminated.
The City Council shall review and may approve agreements between the City and applicants for Off-Site Business Kiosks and Subdivision Kiosks for the advertising of businesses and subdivisions within the City. The Business and Kiosk Sign Program shall be treated as separate kiosk sign programs. All liabilities, costs and/or expenses arising out of the siting, installation, construction of off-site business or subdivisions kiosks shall be borne by said business or subdivider subject to provisions of any contract entered into between the City and the applicant(s).
- a. The Planning Director shall review and may approve sign permits for Off-Site Business Kiosks and Subdivision Kiosks subject to approved agreement as follows:
  - (1) May be located either in or out of the public right-of-way.

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(2) No business sign panels shall be permitted on subdivision kiosks and no subdivision sign panels shall be permitted on business kiosks.
(3) No kiosk shall contain more than a total of eight (8) business or subdivision sign panels per sign face.
(4) Shall be a maximum of thirty-two (32) square feet in area and fifteen (15) feet in height.
(5) Sign panels shall be no more than nine (9) inches in width and five (5) feet in length.

(6) Sign panels may include any or all of the following information: name of business or subdivision, business or subdivision logo, no more than three (3) colors and directional arrow.
- (7) No pennant, flag, banner, streamer or other appurtenance may be affixed to any kiosk.
- (8) Placement of kiosks shall be subject to approval of the owner of underlying land (i.e. City Engineer for signs within the public right of way) and record owner for all other sites. Written authorization shall be filed with the Planning Director prior to erection of any kiosk sign.
- (9) Shall be located not less than six hundred (600) feet from an existing kiosk site or previously approved but not erected kiosk site for the same type of kiosk program, e.g. business or subdivision.
- (10) Shall be located not less than fifty (50) feet from an intersection unless specifically authorized by the City Engineer.

Off-site real estate signs, advertising the location and sale of a residential subdivision on property other than the location of the subject subdivision, may be permitted upon approval by the City Council subject to, at a minimum, the following requirements:
- a. The applicant shall, prior to any such approval by the City Council, submit to the Planning Department a detailed description of the location, design, materials, colors, copy, size, and height of any such off-site sign(s).
- b. The size of the sign shall be a maximum of thirty-two (32) square feet in area and fifteen (15) feet in height.
- c. No pennant, flag, banner, streamer or other appurtenance may be affixed to any such sign.
- d. The sign shall be located not less than fifty (50) feet from an intersection unless specifically authorized by the City Engineer.

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e. Placement of the sign shall be subject to approval of the owner of the underlying land; i.e. the City Engineer for signs within the public rightof-way and the record owner for all other sites.
f. The sign shall be located not less than 300 feet from an existing offsite sign or an off-site sign previously approved but not yet erected.

14.110 NON-CONFORMING SIGNS

Except as otherwise provided in Section 2.28 of this Title, or otherwise regulated by State or Federal law, any sign lawfully in use on the effective date of this Title, but made non-conforming thereby, shall be permitted, as though it were not a non-conforming sign, providing any of the following conditions exist:
- a. The primary message of the sign relates to the business being conducted on the premises upon which the non-conforming sign is located.
- b. The size, copy area, or height of the non-conforming sign does not exceed the limits set forth in this Chapter by more than five (5) percent.
- c. Projection of the non-conforming sign over a public right-of-way does not exceed one (1) foot.
- d. Not more than fifty (50) percent of the non-conforming sign is destroyed by any means.

e. The business to which the non-conforming sign applies remains unchanged and under the same ownership.
- f. The non-conforming sign is kept in a state of good repair, both aesthetically and structurally.

Non-conforming signs that do not comply with any one of the above conditions are not exempted under the provision of Section 14.110.1 of this Chapter and will be subject to the amortization schedule depicted in Section 14.110.2 of this Chapter.

Amortization of Non-Conforming Signs

Any sign which is non-conforming to the requirements of this Chapter, except as provided in Section 14.110.1 above, shall either be removed or made to conform to the requirements of this Chapter at the expense of the sign owner within the period of time prescribed herein. The period of time to comply with the provisions of this Chapter shall commence upon the effective date of this Title. Such non-conforming signs may be abated forthwith by the City in a manner consistent with the following schedule:

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Fair Market Value on Effective Date Removal Period Less than $ 499.00 Six Months $ 500. to $1,999.00 One Year $2,000. to $3,999.00 Two Years $4,000. to $5,999.00 Three Years $6,000. to $7,999.00 Four Years $8,000. to $9,999.00 Five Years $10,000. to $14,999.00 Six Years $15,000.00 and over Seven Years

Repair of Non-conforming Signs

Alterations or modifications to any non-conforming sign are prohibited, except for structural repair resulting in the same size or shape of the original sign. This provision is not intended to prevent any non-conforming sign to be altered in such a manner that it becomes a legal, conforming sign.

Removal and Abatement of Non-conforming Signs

The City may cause written notice, ordering the removal of non-conforming signs or displays, or for their compliance in accordance with the provision of the Section(s) in this Title to be served.

a. Such notice shall be delivered either in the manner required by law for service of a summons or by first class certified mail, postage prepaid, upon the owner of the property upon which the nonconforming sign to be abated is located, as shown on the latest equalized assessment rolls on file in the office of the County Assessor of Kern County, or to any other parties of interest as may be known to the City.
b. Such non-conforming signs shall be removed or altered in conformance with the provision of this Chapter within ninety (90) days after receipt of such notice.

14.120 VIOLATIONS

No person shall violate any provisions, or fail to comply with any of the requirements of this Title. Unless a different penalty is prescribed for violation of a specific violation of this Chapter, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this Chapter shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person and shall be punishable accordingly.
In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City as such. Each day such condition continues shall be regarded as a new and separate offense.
All remedies herein are stated to be cumulative and non-exclusive.

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