Atherton Municipal Code Ch. 15.36 Signs

SIGNS

Sections:

• 15.36.001 Title. 15.36.002 Authority. 15.36.005 Purpose and intent. 15.36.010 Compliance with regulations required.

• 15.36.020 Definitions.

• 15.36.030 Posting generally. 15.36.040 Commercial signs.

• 15.36.050 Signs on private property. 15.36.060 Signs on public right-of-way. 15.36.070 Restrictions applicable to specific uses (construction and real estate). 15.36.080 Maintenance—Notice to remove or alter.

• 15.36.090 Real estate and construction site signs—Existing. 15.36.100 Noncommercial signs. 15.36.110 Billboard policy.

This chapter shall be known as the sign ordinance of the town of Atherton. (Ord. 611 § 1, 2014)

This chapter is enacted pursuant to the city’s general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq. and 13540; Penal Code Section 556 et seq.; and other applicable state laws. (Ord. 611 § 1, 2014)

By adopting this chapter, the city council intends to create and implement a comprehensive system for the regulation of signs in a manner that does not prefer commercial speech over noncommercial speech and does not regulate noncommercial speech by, and serves governmental and public policy goals including: (A) preserving the town’s character as a scenic, rural, thickly wooded residential area with abundant open space; (B) accommodates the expression rights of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution; (C) comports with all applicable principles of federal and state constitutional, statutory and administrative law; (D) serves the governmental and public interests in controlling visual clutter, community aesthetics, and safety of drivers, passengers, and pedestrians; (E) aids in the identification of properties and land uses; and (F) protects the natural beauty of the town’s open space. (Ord. 611 § 1, 2014)

It is unlawful for any person, firm or corporation to erect or maintain, or cause to be erected or maintained, any sign of any kind or character in violation of the provisions of this chapter. Violation of this chapter shall be punishable as set forth in Chapters 1.20 and 1.21. (Ord. 611 § 1, 2014)

“Billboard” means a sign which meets either or both of the following criteria: (A) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign, typically for a fee or other consideration; (B) the sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.

“Construction site sign” means a temporary sign whose message pertains to identification of a building project located on the property where the sign is located.

“Free speech sign” means a sign displaying a noncommercial message.

“Incidental sign” means a sign that is minor and subordinate to another sign to which it is attached or connected.

“Informational sign” means a sign whose message provides functional or warning information to the viewer, such as “no trespassing” or “no solicitors,” underground utility notice, and similar messages.

“Noncommercial message” means a message concerning debate in the marketplace of ideas, in contrast to commercial message, which concerns a debate in the marketplace of goods and services. Noncommercial messages typically express views on topics such as politics, religion, protest, and opinions on the arts, sciences, and sports. This term includes messages urging a vote or support of a candidate or issue in an upcoming election.

“Political message” means a message on a sign that pertains to political views, including those urging a particular vote in an upcoming election.

“Real estate sign” means a sign whose message pertains to the sale, rental, exchange, lease or other economic transaction concerning real property. All signs mentioned in California Civil Code Section 713 are within this definition.

“Sign” means any name, figure, character, display, advertising device or any other thing of a similar nature used or intended to identify or attract attention, and shall include all parts, portions and materials comprising same. The following shall not constitute a sign:

• A. Aerial banners towed behind aircraft;

• B. Architectural features—decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around a building);

• C. Cornerstones and foundation stones not exceeding four square feet in area;

• D. Historical monuments, plaques and tablets;

• E. Holiday and cultural observance decorations displayed in season, including inflatable objects, on private residential property which are on display for not more than forty-five calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages;

• F. Inflatable gymnasiums associated with legal residential uses—inflatable, temporary, moveable, gymnasium devices commonly used for children’s birthday parties, and similar devices (also called “party jumps” or “bounce houses”);

• G. Interior graphics—visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof;

• H. Mass transit graphics—graphic images displayed on duly licensed and authorized mass transit vehicles that legally pass through the city;

• I. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the like;

• J. Safety warnings on motorized or electrified equipment;

K. Symbols embedded in architecture—symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary;

L. Vehicle and vessel insignia—on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

• M. Vending machines, automated intake devices and product dispensing devices which do not display offsite commercial messages or general advertising messages.

“Small sign” means a sign not exceeding two square feet in size;

“Temporary sign” means a sign whose physical nature is not appropriate for, or intended for, long term display; such signs are typically made of lightweight or flimsy materials, and are installed or mounted with ordinary hand tools; or is intended to be on public display for not more than sixty days. (Ord. 611 § 1, 2014)

It is unlawful for any person, firm or corporation, except a public officer or employee in performance of a public duty, to paste, post, nail, tack or otherwise affix any card, banner, handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, on any public curbstone, lamppost, pole, hydrant, bridge, wall, fence, fence post, utility pole, or tree upon any public sidewalk, street, alley or other public place, except as required by law. This provision shall not prohibit placement of free speech signs in the public right-of-way as long as they are legally located and fixed to the ground.

All signs shall be posted in an appropriate place and manner in compliance with the provisions of this chapter. No sign placed in the public right-of-way shall impede the flow of pedestrians or interfere with vehicle line of sight, or in any way create an unsafe condition.

Signs of any height shall not be located within ten feet of any intersection or any driveway intersection with any street, or in any other location specifically not allowed in this chapter except as permitted in Section 15.36.060 regarding flag lots and cul-de-sac frontage lots, and further except that temporary signs not exceeding two and one-half feet in height may be located within the ten-foot prohibition area, but no closer than six feet to the paved roadway. Signs greater than four feet in height shall not be located within twenty feet of any intersection or any driveway intersection with any street, or any other location specifically not allowed in this chapter except as permitted in Section 15.36.060 regarding flag lots and cul-de-sac frontage lots. In no case shall signs be placed within six feet of the paved portion of any roadway. The maximum sign height, including any support posts or fixtures, shall be six feet.

The sign may not exceed sixteen square feet in size in total including both sides where both sides of the sign are visible from a public road or right-of-way. In any case, the maximum dimension for any side of any sign shall be four feet.

Signs may be located on private property with permission of the owner or in the public right-of-way as restricted in Section 15.36.060. No sign may be posted in Holbrook Palmer Park, including adjacent to roadways in and around the park, except for governmental signs posted by the town.

Signs placed in violation of this chapter may be removed by town personnel and stored. Any signs not claimed within thirty days after notice to the owner may be discarded or destroyed. (Ord. 611 § 1, 2014)

It is unlawful for any person, firm or corporation to erect, construct, install or maintain, or to cause or permit to be erected, constructed, installed or maintained, any commercial signs of any kind upon any private property, public sidewalk, street, alley, public right-of-way, public park, or other public place, except as required by law, or as allowed herein. (Ord. 611 § 1, 2014)

No signs shall be permitted on private property except as set forth in this section. Permitted signs include: (A) political or free-speech signs, (B) address numbers, (C) construction site signs as set forth below, (D) real estate signs, (E) official noncommercial items such as flags of national, state, or local governments, (F) historical plaques, memorials, building cornerstones and date-constructed stones none of which exceed four square feet in area, (G) small signs otherwise in compliance with the duration, number and size requirements of this chapter that display functional information such as prohibition of trespassing or soliciting, video surveillance warnings, or similar informational signs, and identification signs at entrances of properties located in the PFS (public facilities and schools district) zone not to exceed one hundred fifty square feet in size and approved by the town planner for compliance with the provisions of this chapter. Incidental signs such as those displayed on licensed construction vehicles, construction trailers, portable toilets, and construction fences, and internal signs on premises in PFS districts not visible from the adjacent public right-of-way, or similar applications are also permitted. (Ord. 611 § 1, 2014)

No signs shall be permitted in the public right-of-way except as set forth in this section. Permitted signs include: (A) political or free-speech signs as set forth below, (B) temporary real estate or construction signs as set forth below, (C) government signs for traffic, safety, street identification, government services, emergency services, historical locations, town-sponsored events, or governmental signs authorized by the town, (D) required signs such as official notices required by law, a court, or other government agency, and (E) any signs and structures which by tradition or designation are used for the purpose of communication by the general public, such as public kiosks, bulletin boards, benches upon which advertisement or recognition is authorized, and newspaper racks; provided, that such structures shall have been placed in the right-of-way and approved by the town.

No sign, other than government signs set forth in subsection C of this section, may be placed in the right-of-way within six feet of the paved portion of any roadway. No signs greater than two and one-half feet in height shall be located within ten feet of any driveway intersection with any street, or in any other location specifically not allowed by this chapter. Signs greater than four feet in height shall not be located within twenty feet of any intersection or any driveway intersection with any street. In the case of a flag lot or cul-de-sac frontage lot, a sign shall be permitted in a location approved by the town that limits any interference with sight lines to and from the driveway intersection. No sign in the right-of-way shall impede the flow of pedestrians or interfere with vehicle line of sight. (Ord. 611 § 1, 2014)

A. Construction Site Signs. Temporary signs are permitted on construction sites as follows: one sign for each property for which an active building permit exists on the property where the construction is occurring, including on any fence bordering on a street or public right-of-way.

Construction site signs shall comply with the general provisions for signs set forth in Section 15.36.030.

Such signs must include the numerical street number for the site in contrasting typeface not less than four nor more than eight inches in height unless such numbers already exist on the property and are readily visible from the street, contact information including the telephone number for the person responsible for the site during construction such as the general contractor, if any, and may include the name, address, and phone number of related construction, architectural, and financial firms.

All information must be contained within the borders of the sign and no additional signs may be appended to this one permitted sign. The maximum sign area does not include any support posts or decorative projections of the post or rails, but the posts or rails may not have any additional signage appended to them.

Construction site signs shall be temporary in nature, and must be removed within fifteen days after issuance of the final certificate of occupancy or the end of the construction time limit, whichever is sooner.

B. Real Estate Signs. Real estate signs are permitted as follows: one sign for each property that is then currently for sale, lease, or rent, either on the property or in the public right-of-way.

Real estate signs shall comply with the general provisions for signs set forth in Section 15.36.030.

No sign in the right-of-way shall impede the flow of pedestrians or interfere with vehicle line of sight. Such sign must be on or immediately adjacent to the property that is for sale.

No real estate sign shall be affixed to trees or shrubs, nor be illuminated directly or indirectly.

Temporary “open house” freestanding signs may be used in conjunction with a real estate sign when the premises for sale, lease, or rent is occupied by a real estate professional who is authorized to show the property, with no more than two such open house signs located at the nearest intersections to the property and one such sign located at the property being offered for sale. Such off-site signs shall be kept to the minimum necessary to direct the public to the site of the open house showing and may be used only on the day of the open house event. Temporary “open house” freestanding signs are limited to open house events only and may be placed on Saturdays and Sundays only. (Ord. 611 § 1, 2014)

All signs, including signs installed prior to the adoption of the ordinance codified in this chapter, shall be constantly maintained in a state of security, safety and good repair. If the building inspector or other town enforcement official finds that any sign is unsafe or insecure, or a menace to the public safety, or has been constructed, erected, relocated or altered after the effective date of the ordinance codified in this chapter in violation of the provisions of this chapter, then the official shall give written or hand-delivered notice to the owner or the tenant of the property to remove or alter such sign to bring about compliance with this chapter. If the owner or tenant fails to comply with the provisions of this chapter within one day after such notice is received, the official may cause such sign to be removed and the cost thereof be paid by the owner or tenant. The official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice, and in such case, the official will make reasonable efforts to notify the sign owner of the removal and offer the opportunity for the owner to reclaim the sign upon payment of the reasonably estimated cost of removal. (Ord. 611 § 1, 2014)

All existing real estate and construction site signs which complied with the provisions of this chapter as of the date it was last amended shall be permitted to remain upon the site on which they are located until January 31, 2015, without having to comply with the revised provisions of this chapter with respect to such signage; however, after that date all such signs shall immediately comply with the location provisions of this revised Chapter 15.36. (Ord. 611 § 1, 2014)

Noncommercial signs, including those expressing political views and those encouraging a particular vote in an upcoming election, shall be permitted but subject to the following regulations:

• A. Such signs shall comply with the general provisions for signs set forth in Section 15.36.030.

• B. Signs shall not be illuminated either directly or indirectly. (Ord. 611 § 1, 2014)

Billboards are prohibited in all zones, and on all property, private and public. (Ord. 611 § 1, 2014)