Berkeley Municipal Code Ch. 20.16 Regulations Generally

A. No sign, poster, placard, card, sticker, banner, or other device calculated to attract attention of the public shall be posted, printed, stamped, stuck or otherwise affixed to or placed upon any public sidewalk, crosswalk, median strip, curb, lamppost, hydrant, tree, utility pole, any fixture of the traffic control, fire alarm or police alarm system of the City, except:

1. Legal notices that are authorized by law to be so located and messages placed on bus shelters sponsored or contracted by AC Transit pursuant to a contract with AC Transit and with its consent;

2. Portable signs as permitted by Section 20.16.180; and

3. Temporary signs concerning noncommercial events in the form of posters, placards, cards, stickers, or flyers that do not cause a hazard to pedestrian or vehicle traffic, and that are affixed to City-owned utility poles and lampposts in a manner consistent with standards promulgated by the Department of Public Works.

B. No sign shall be located at or near any street intersection or any street and driveway intersection so as to create a traffic hazard by obstructing vision. No sign shall be located, constructed or lighted so as to interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.

C. The following types of signs are prohibited:

1. Off-premises signs west of the western line of Third Street that are designed to have the message thereon viewed primarily from the Eastshore Freeway, unless permitted by a relocation agreement pursuant to Section 20.04.040;

2. Off-premises signs that are designed or intended to be visible primarily from any residential district or any public park, square, or plaza;

3. Pole signs;

4. Ground signs more than twenty (20) feet in height;

5. Wind signs;

6. Signs attached to or painted on an inoperable and unlicensed vehicle, motorized or non-motorized, that is located in view of the right-of-way; and

7. Signs of any type above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less, in any commercial district. (Ord. 7577-NS § 2, 2017; Ord. 7447-NS § 1, 2015; Ord. 7120-NS § 8 (part), 2009)

Signs shall be so located as to maintain the clearances from overhead power, service, and communication lines as required by the Public Utilities Commission of the state and in no event shall be located with less than six feet horizontal and twelve (12) feet vertical clearance from electric conductors, bare or insulated, installed above the ground which are energized in excess of seven hundred fifty (750) volts, except such conductors as are enclosed in iron pipe or other metal covering of equal strength. (Ord. 7120-NS § 8 (part), 2009)

A. The sign area of a sign with no clearly defined border is the area within the perimeter of a rectangle, triangle or circle which would enclose such sign or which would enclose letters, shapes or words of whatever shape.

B. The sign area of a multi-sided sign is the sum of the sign area of each side.

C. The sign area of a sphere is forty (40) percent of the surface area of the sphere.

D. The height of a sign is the vertical distance from the uppermost point used in measuring sign area to the existing grade immediately below the sign. Sign height shall be measured from the bottom of the base of the sign or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest. (Ord. 7120-NS § 8 (part), 2009)

No sign or sign structure shall be erected in such manner that any portion thereof will interfere with the free use of any fire escape, exit or standpipe, or will obstruct, block or cover any window, except window signs as defined in Section 20.08.260, and as permitted in Section 20.16.160. (Ord. 7120-NS § 8 (part), 2009)

A. On-premises signs may be attached to or painted upon the vertical edges of awnings; provided, that such signs do not extend beyond the exterior limits of such edges.

B. On-premises signs may be attached to or painted upon the front sloping or nonvertical portion of awnings if the vertical portion of the awning is less than nine inches in height; provided, that the sign area does not exceed twenty (20) percent of the area of such sloping or nonvertical portion, or three hundred twenty-five (325) square feet, whichever is less. In such cases, no signage may be installed on the vertical portion of the awning. (Ord. 7120-NS § 8 (part), 2009)

One bulletin board, not to exceed twenty (20) square feet in area, shall be permitted in any district. Such bulletin board shall be located on the site of the community facility or institution, shall be located not closer than five feet to any property line adjoining a street and no portion thereof shall be higher than six feet above existing grade. (Ord. 7120-NS § 8 (part), 2009)

A. A business located within an enclosed business complex, such as a shopping mall; arcade; multistory dental, medical, business or office building; or similar structure, and which does not have frontage visible from a public street or way, may display signs upon the exterior of said structure where it abuts upon a public street, but in no case shall the number and total area of such signs exceed that permitted for the business complex as a single premises as specified by Chapter 20.24 of this code. For a business complex structure in which the allowable sign area is shared by four or more businesses, an exception to the number of signs and the total areas is permitted subject to the following standards:

1. One additional wall sign, projecting sign or ground sign shall be permitted for each street frontage of the business complex structure.

2. The maximum area of such sign(s) shall not exceed that already specified by this code for its type and location.

3. No sign of any type shall be suspended from or attached to the face of a multistory building above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less.

B. A business located within a business complex, such as a shopping mall, arcade or similar structure, which has frontage visible from a public street may display signs upon the exterior of the single business premises that abuts upon a public street(s), but in no case shall the number and total area of such signs exceed that specified by Chapter 20.24 of this code with the following exceptions:

1. Each premises may have an individual ground sign as specified in Chapter 20.24 of this code, provided said ground sign is located directly in front of said premises; or

2. Each premises may share a common ground sign; provided, that the total aggregate area of such common ground sign does not exceed that permitted for the business complex as a single premises. (Ord. 7120-NS § 8 (part), 2009)

A. No portion of a ground sign shall be higher than twenty (20) feet above existing grade.

B. A ground sign may project up to five feet over the public right-of-way; provided, that no portion of the sign is lower than twelve (12) feet above the surface of the street or sidewalk or closer than one foot to the curbline. However, a ground sign may not project over the public right-of-way if it is located on premises on which there is another projecting sign or a marquee sign that projects over the public right-of-way. (Ord. 7120-NS § 8 (part), 2009)

A. Subject to subdivisions D and E, signs placed on bus shelters that are sponsored or contracted by AC Transit pursuant to and in compliance with the contract between AC Transit and the City of Berkeley, and with its consent are exempt from this Title.

B. Subject to subdivisions D and E:

1. Signs placed on and associated with bike share stations installed pursuant to a contract between the Metropolitan Transportation Commission and the City of Berkeley are exempt from this Title;

2. Signs placed on and associated with advertising and wayfinding kiosks installed pursuant to a Franchise Agreement between IKE Smart City LLC and the City of Berkeley are exempt from this Title.

C. Subject to subdivisions D and E, non-illuminated signs for Community and Institutional Uses as defined in section 23F.04.010, provided they do not exceed the sign area limitations in Section 20.24.040.

D. Signs that are otherwise exempt from this Title under subdivisions A and B are not exempt from the following provisions:

1. 20.16.020 (Clearance requirements);

2. 20.16.040 (Obstructing certain areas or facilities prohibited); and

3. 20.16.120 (Moving signs).

E. Signs that are otherwise exempt from this Title under subdivisions A and B may not be wind signs; rotate, flash, blink, dispense bubbles, or emit sounds; or include strings of pennants, streamers, banners, twirlers, propellers, inflatable devices, or any similar attention-attracting devices. (Ord. 7627-NS § 1, 2018; Ord. 7538-NS § 1, 2017; Ord. 7447-NS § 2, 2015)

A. Purpose.

1. To create a streamlined sign review process for development projects, projects with multiple signs, and projects with multiple tenants.

2. To ensure consistent design, quality and display of signs.

B. Applicability. The following projects are eligible for a Coordinated Sign Design Program:

1. Four or more contiguous non-residential tenant spaces.

2. Four or more permanent non-exempt signs associated with one development project, business or Use Permit.

3. Projects with unique characteristics, including but not limited to site visibility and site location, as determined by the Director of Planning and Development or their designee.

C. Approval and Appeal Authority.

1. A Coordinated Sign Design Program may be part of preliminary or final Design Review and shall be decided upon by the Design Review Committee or Landmark Preservation Commission, according to their jurisdiction. Appeals shall be heard by the Zoning Adjustment Board whose decision is final.

2. The Building Official shall determine if a sign allowed under a Coordinated Sign Design Program requires a Building Permit or Electrical Permit to meet the requirements of the Berkeley Building Code.

D. Regulations.

1. A Coordinated Sign Design Program shall outline regulations including, but not limited to, sign area, number of signs, maximum height, and location.

2. A Coordinated Sign Design Program may include exceptions to the regulations established in this Chapter when deemed necessary or desirable.

E. Application Requirements. A Coordinated Sign Design Program shall include all information and materials required in administrative guidelines published by the Planning Department, including the Coordinated Sign Design Program fee in the Fee Schedule.

F. Findings. In order to approve a Coordinated Sign Design Program, the following findings shall be made:

1. The Coordinated Sign Design Program complies with the purpose of this Chapter;

2. The Coordinated Sign Design Program ensures proposed signs enhance the overall project;

3. The Coordinated Sign Design Program ensures proposed signs are in harmony with other signs and structures included in the project;

4. The Coordinated Sign Design Program ensures proposed signs are in harmony with surrounding development;

5. The Coordinated Sign Design Program contains provisions to accommodate Change in Use or new tenants; and

6. The Coordinated Sign Design Program complies with the standards of this Chapter and/or includes specific exceptions as deemed necessary or desirable.

G. Revisions to Coordinated Sign Design Programs. Revisions to Coordinated Sign Design Programs shall be considered by the original decision-maker.

H. Binding Effect.

1. A Coordinated Sign Design Program, once adopted, shall be adhered to unless amended.

2. A Coordinated Sign Design Program shall be enforced in accordance with this Chapter. (Ord. 7847-NS § 2, 2022)

A. Marquee signs may be located on any edge or on the top of the marquee edge and parallel therewith; provided, that signs located on the top of the marquee edge shall not exceed five feet in height.

B. No portion of a marquee sign shall be higher than the eave line or parapet wall of a building. No portion of a marquee sign shall be above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less, in any commercial district.

C. The total sign area of marquee signs shall not exceed twenty (20) percent of the building face or three hundred twenty-five (325) square feet, whichever is less. As used in this section, “building face” means the product in square feet of the frontage of the building premises and the exterior height of the building premises.

D. Notwithstanding the requirements of Section 20.16.130, a marquee sign that conforms to the requirements of this section may extend more than five feet from the building wall into the public right-of-way but no closer than one foot from the curb line. (Ord. 7577-NS § 3, 2017; Ord. 7120-NS § 8 (part), 2009)

A. No part of a moving sign, which revolves, shall make more than one complete revolution every sixty (60) seconds.

B. No part of a moving sign, which moves but does not revolve, shall move in any direction more than once every sixty (60) seconds.

C. The color of a moving sign shall not change or appear to change more than once every sixty (60) seconds.

D. The intensity or lighting of a moving sign shall not change or appear to change more than once every sixty (60) seconds.

E. No moving sign may exceed eight square feet in sign area. (Ord. 7120-NS § 8 (part), 2009)

A. A sign may project horizontally from the exterior wall of a building; provided, that such projection does not violate other sections of this chapter or interfere with the allowable signs permitted on the premises being encroached upon. As used in this section, projecting signs shall not be construed to be off-premises signs.

B. Maximum Projection. No portion of a projecting sign shall extend more than five feet from the building wall into the public right-of-way or closer than one foot from the curb line, whichever is less. In no case shall any portion of a projecting sign extend closer than three feet to a utility pole.

C. Height. The height of a projecting sign shall not exceed twenty-five (25) percent of the height of the building wall to which it is attached. No portion of a projecting sign shall extend more than one-third of the sign height or eight feet, whichever is less, above the highest point of a parapet wall or more than four feet above an eave line. The lowest point of the sign must be at least eight feet above the surface of any sidewalk or street. No portion of a projecting sign shall extend above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less.

D. Thickness. The thickness of a projecting sign shall not exceed two feet.

E. A projecting sign shall not interfere with views of traffic control devices or signs or be designed or located so as to cause harm to street trees. (Ord. 7577-NS § 4, 2017; Ord. 7120-NS § 8 (part), 2009)

Roof signs shall comply with the following standards:

A. Height.

1. In commercial districts, no portion of a roof sign shall extend more than eight feet above the eave line or the parapet wall, whichever is higher, of the building to which it is attached. No roof sign shall be permitted above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less.

2. In manufacturing districts, no portion of a roof sign shall extend more than fifteen (15) feet above the eave line or the parapet wall, whichever is higher, of the building to which it is attached.

B. Setbacks. The face and ends of a roof sign shall be set back at least three feet from the inside of the parapet wall or any other wall that is closer.

C. Clearance. If the vertical measurement of the sign area of a roof sign exceeds five feet, the roof sign shall have a vertical clearance of at least five feet above the roof and shall have vertical supports that are at least six feet apart. At least fifty (50) percent of the space behind such vertical supports shall be clear of any type of obstruction. (Ord. 7577-NS § 5, 2017; Ord. 7120-NS § 8 (part), 2009)

Wall signs shall comply with the following standards:

A. Height. No portion of a wall sign shall be higher than the roof of a building or lower than three feet above existing ground level. No portion of a wall sign shall be permitted above the third floor space, or forty (40) feet above the existing grade adjacent to the building, whichever is less.

B. Maximum Projection.

1. When the lower edge of a wall sign is between three feet and ten (10) feet above existing grade, no portion of the sign shall project more than four inches from the wall of the building.

2. When the lower edge of a wall sign is more than ten (10) feet above existing grade, no portion of the sign shall project more than twelve (12) inches from the wall of the building. (Ord. 7577-NS § 6, 2017; Ord. 7120-NS § 8 (part), 2009)

The sign area of window signs, permanent and temporary, shall not exceed fifteen (15) percent of the window area of the building premises or three hundred (300) square feet, whichever is less. Subject to the window area limitation herein specified, temporary window signs may be in addition to the signs otherwise permitted on the premises. For the purpose of determining allowable sign area on any premises, permanent window signs shall be treated as wall signs. (Ord. 7120-NS § 8 (part), 2009)

Under the following conditions, a premises with a marquee, covered walkway or canopy may suspend beneath the marquee, covered walkway or canopy one shingle sign in addition to other permitted signs:

A. The sign area shall be debited against the allowable wall sign area for the premises and shall not exceed three hundred (300) square inches for a single face area;

B. The clearance of the sign above grade shall be not less than eight feet;

C. The sign must be on premises; and

D. The sign shall not be illuminated. (Ord. 7120-NS § 8 (part), 2009)

Portable signs shall be permitted on sidewalks and median strips during the first two Saturdays and Sundays of May and during every Saturday and Sunday between Thanksgiving Day and Christmas Day if all of the following conditions are met:

A. The portable sign is located in the area bounded by Sacramento Street, Gilman Street, the Eastshore Freeway, and Ashby Avenue. The City Council finds and declares that portable signs on sidewalks and median strips in this area are less likely to interfere with pedestrian traffic than in other parts of the City in which there is generally more foot traffic.

B. A permit shall be granted by the City Manager or their designee for placement of the portable sign; provided, that it complies with the following requirements:

1. The sponsor of the portable sign shall indemnify and hold the City harmless for any and all liability that may result from the installation of the sign.

2. The portable sign does not cause a traffic hazard.

3. The portable sign does not block any intersection, crosswalk or access ramp.

4. The portable sign interferes with movement of pedestrians, including those with disabilities, as little as possible.

5. The portable sign shall have no moving parts or lighting.

6. The sign area of a single-sided portable sign shall be no larger than twelve (12) square feet in area. Each face of a double-faced or sandwich board sign shall be no larger than two and a half feet wide and five feet high. (Ord. 7120-NS § 8 (part), 2009)

In addition to signs expressly permitted in sections contained in this chapter, the building official shall authorize installation of any signage required by the traffic engineer to mitigate traffic or safety, or any signage required by the City as a condition of a permit obtained for the project. (Ord. 7120-NS § 8 (part), 2009)