Fremont Municipal Code Art. I Administration

This chapter may be referred to and cited as the “private property sign ordinance” of the city of Fremont. (Ord. 2-2014 § 1, 1-14-14.)

This chapter is authorized by the California Constitution, Chapter XI, Section 7; Cal. Gov’t Code §§ 38774, 38775, 65000 et seq. and 65850(b); Cal. Bus. & Prof. Code §§ 5200 et seq. and 5490 et seq.; Cal. Civ. Code § 713; Cal. Penal Code § 556; and other applicable state laws. (Ord. 2-2014 § 1, 1-14-14.)

(a) This chapter regulates signs that are mounted or displayed on private property within the city. It also regulates signs mounted or displayed on land or facilities owned by public entities other than the city, when the city has and chooses to exercise land use regulatory power over such lands and facilities of the public entities.

(b) This chapter does not regulate signs mounted or displayed on city property, in the public right-of-way, or used in conjunction with parades, outdoor public assemblies, demonstrations and street closures. Such signs are regulated by Chapter 18.194. (Ord. 2-2014 § 1, 1-14-14.)

This chapter creates a comprehensive and balanced system of sign regulation which will facilitate communication by sign and simultaneously serve public interests, including but not limited to the following:

(a) Free Speech. To accommodate and encourage the right of free speech by sign display, while balancing this right against other public interests.

(b) Public Health and Welfare. To serve the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs.

(c) General Plan. To implement the sign-related goals, purposes and strategies of the city’s general plan.

(d) Regulation System. To establish a comprehensive and reasonable system for regulating signs integrated within the zoning code.

(e) Notice. To provide public notice of rights and responsibilities related to sign display.

(f) Equal Rights. To ensure that similarly situated persons have equal rights and responsibilities regarding sign display.

(g) Community Aesthetics. To serve the aesthetic interests of the city by minimizing visual clutter which can be caused by excessive signs.

(h) Visibility. To relate sign area and height to viewing distance and optical characteristics of the eye.

(i) Safety. To reduce safety hazards to drivers and pedestrians by minimizing the view obstruction, distraction, and confusion that can result from inappropriate or improperly placed signs.

(j) Structural Integrity. To minimize safety risks by ensuring structural integrity and proper maintenance of signs.

(k) Residential Tranquility. To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by excessive commercial signage.

(l) Compatibility. To ensure that sign structures are physically compatible with the surrounding area.

(m) Property Values. To protect and enhance property values by minimizing signs that contribute to the visual clutter of the streetscape, such as oversized signs and excessive temporary signage.

(n) Economic Value. To enhance the economic value of the city and each area therein by setting reasonable rules regarding sign size, location, design and illumination.

(o) Information. To serve the public convenience by providing for directional and functional information on signs. (Ord. 2-2014 § 1, 1-14-14.)

The zoning administrator is authorized to administer and enforce the provisions of this chapter. (Ord. 2-2014 § 1, 1-14-14.)

All regulatory and administrative interpretations of this chapter are to be exercised in light of the city’s message neutrality and message substitution policies as set forth in Section 18.193.080. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a “structure” as defined in the zoning code or the building code, then the zoning administrator shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter, in light of the policies stated in this article. (Ord. 2-2014 § 1, 1-14-14.)

Whenever any sign permit, master sign program, variance, conditional use permit, zoning administrator permit, or planning entitlement, or other sign-related decision is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, compatibility with the surrounding area, etc. (Ord. 2-2014 § 1, 1-14-14.)

(a) The owner of any sign which is otherwise allowed by this chapter may substitute any constitutionally protected noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular protected noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

(b) Message substitution under this section does not:

(1) Create a right to increase the total amount of signage on a parcel, lot or land use;

(2) Affect the requirement that a sign structure or mounting device be properly permitted under the building code;

(3) Allow a change in the physical structure of a sign or its mounting device; or

(4) Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.

(c) Message substitution is a continuing right that may be exercised any number of times. Substitution of message applies to the whole or any part of any legally existing sign display area. The substitution right applies to the sign owner and to any other message sponsor displaying any image on the sign with the owner’s consent, regardless of whether a fee or any other consideration is given for the display. (Ord. 2-2014 § 1, 1-14-14.)

The distinction between on-site (or on-premises) and off-site (or off-premises) within this chapter applies only to commercial speech messages. (Ord. 2-2014 § 1, 1-14-14.)