Berkeley Municipal Code Ch. 20.04 General Provisions

This title shall be known and cited as the "Berkeley Sign Ordinance." (Ord. 6474-NS § 1, 1999; Ord. 6424-NS § 1 (part), 1998)

A. The City Council finds, determines and declares that the uncontrolled and unregulated construction, erection, or maintenance of signs in the City will adversely affect the public health, safety and general welfare and will adversely affect the aesthetics and character of residential, commercial and industrial areas of the City. Unregulated and poorly maintained signage will also degrade the quality of the visual environment and detract from the aesthetic character of the community that residents and visitors enjoy, thereby affecting economic values. It is therefore necessary, in order to protect life and property, to promote and protect the public health, safety, and general welfare, and to protect and promote the character and development of residential, commercial and industrial areas of the City, to regulate and control the design, construction, location and maintenance of all signs in the City as provided for in this title.

B. This title establishes sign regulations that are intended to balance the needs of the City’s residents, businesses, visitors, and institutions for adequate identification, communication, and advertising with the objectives of protecting public safety and welfare and promoting a well-maintained and attractive community. More specifically, these regulations for signs and awnings are intended:

1. To ensure that signs and awnings are designed, constructed, installed and maintained in compliance with minimum standards to safeguard life, safety, property and public welfare by minimizing diversion of vehicle operators’ attention;

2. To allow and promote positive conditions for sign communication while at the same time avoiding nuisances that degrade the value of surrounding properties;

3. To reflect and support the desired character and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment;

4. To allow for adequate and effective signage in commercial and industrial zones while preventing a proliferation of signage from dominating the appearance of the area and creating visual clutter;

5. To allow signs to have adequate visibility from streets and rights-of-way that abut a site, but not necessarily to streets and rights-of-way farther away; and

6. To ensure that the constitutionally guaranteed right of free speech is protected. (Ord. 7120-NS § 1, 2009; Ord. 6474-NS § 2, 1999; Ord. 6424-NS § 1 (part), 1998)

A. A sign, unless exempt, may be constructed, erected, placed, established, or created in the City only in conformance with the standards, procedures, exemptions and other requirements of this title and to all other applicable provisions of the Municipal Code. The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property or business owner’s desired level of visibility for the signs.

B. Pursuant to State law, the requirements for on-premises signs apply to all signs constructed or physically altered beyond the amount permitted under Sections 20.64.020 and 20.64.030 on or after the effective date of the ordinance codified in this section. (Ord. 7120-NS § 2, 2009)

Notwithstanding any other provision of this title, any person in control of a sign may allocate any sign area authorized by or permissible under this title for a noncommercial message. This section is declaratory of existing law and practice within the City. (Ord. 6424-NS § 1 (part), 1998)

A. The regulatory provisions of this Title are designed to accomplish the purposes set forth in section 20.04.020 with respect to all signs reviewed and permitted pursuant to this Title.

B. However state law substantially limits the City’ s ability to eliminate signs legally established prior to the adoption of this Title, thereby frustrating the accomplishment of the purposes set forth in Section 20.04.020. Therefore it is advantageous to utilize relocation agreements as authorized by Business & Professions Code section 5412 to accomplish the purposes of this Title with respect to such signs.

C. In order to facilitate the use of relocation agreements to accomplish the purposes of this Title, signs expressly permitted by relocation agreements shall be exempt from design limitations under this Title (including design review under Title 23 to ensure such compliance) but shall be subject to staff-level design review to ensure compliance with any provisions in the relocation agreement as well as to ensure the best possible design consistent therewith. Except as set forth in this subdivision, signs authorized by relocation agreements shall not be subject to any other design-related limitations not set forth within the relocation agreement itself.

D. No relocation agreement may be approved unless the Council determines that it will accomplish the purposes of this Title better than the status quo that it replaces.

E. No relocation agreement may provide for the construction or expansion of a sign in a residential zoning district. (Ord. 6977-NS § 1, 2007)

Nothing in this title is intended to be or may be interpreted or applied in a manner that is inconsistent with Civil Code Sections 712 and 713. (Ord. 7120-NS § 3, 2009)

If any word, phrase, sentence, part, section, subsection, or other portion of this title, which constitutes the City of Berkeley Sign Ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 7120-NS § 4, 2009)