Fremont Municipal Code Art. II General Regulatory Provisions

The provisions of this article apply to all signs within the regulatory scope of this chapter, and override provisions to the contrary which may be found within this code. (Ord. 2-2014 § 1, 1-14-14.)

No person may mount, construct, or display a sign without a valid sign permit unless the subject sign is expressly exempted from the permit requirement by this chapter. The sign owner and message sponsor and the property owner must satisfy all other applicable permit and planning approval requirements, even if the sign is exempt from the city’s sign permit requirement. (Ord. 2-2014 § 1, 1-14-14.)

All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., are enforceable independently of any permit or approval process. (Ord. 2-2014 § 1, 1-14-14.)

In any land use designation where both residential and nonresidential land uses are allowed, the sign-related rights and responsibilities applicable to any particular parcel or land use are as follows: residential uses are treated as if they were located in a residential land use designation where that particular residential use would be allowed as a matter of right, and nonresidential uses are treated as if they were located in a nonresidential land use designation where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process. (Ord. 2-2014 § 1, 1-14-14.)

As to all signs attached to real property, the signage rights, duties and obligations arising from this chapter run with the property on which a sign is mounted or displayed. This section is not intended to modify or affect the law of fixtures, ownership of sign structures, or sign-related provisions in private leases so long as they are not in conflict with this chapter or other law. This section is not intended to prevent or impede a sign owner from removing a sign structure from a given location and installing it in another location, so long as all permit requirements applicable to the new location are satisfied. (Ord. 2-2014 § 1, 1-14-14.)

No sign may be placed on private property without the consent of the legal owner of the property and persons holding the present right of possession and control (e.g., tenant or leaseholder). (Ord. 2-2014 § 1, 1-14-14.)

The responsibility for compliance with this chapter rests jointly and severally upon the sign owner and/or sponsor, all parties holding the present right of possession and control (e.g., tenant or leaseholder) of property whereon a sign is located, and the legal owner of the lot or parcel, even if the sign was mounted, erected, or displayed without the owner’s consent or knowledge. (Ord. 2-2014 § 1, 1-14-14.)

This chapter applies only to signs whose structure or housing is affixed to its intended premises after the date on which this chapter takes effect. However, this provision does not legalize signs which were originally installed without full compliance with all then-applicable laws. (Ord. 2-2014 § 1, 1-14-14.)

[Figure]

[Figure]

[Figure]

[Figure]

(Ord. 2-2014 § 1, 1-14-14.)

(a) Wall-mounted digital signs, A-frames, bunting, pennants, balloons, commercial mascots, portable signs, hand-held signs and other similar devices are prohibited.

(b) Billboards. The construction, erection or use of new billboards, as defined in Section 18.25.2600, is prohibited. Billboard vehicles, as defined in Section 18.25.2600, are prohibited on city streets or public parking spaces. This section does not affect existing, legal billboards, or prevent relocation agreements, as authorized by Cal. Bus. & Prof. Code § 5412, so long as such agreements are not contrary to other applicable law. Existing legal nonconforming billboards may not be enlarged or converted to digital display. This section does not apply to freeway-oriented freestanding signs in redevelopment project areas, when such signs are used to display noncommercial messages or commercial messages pertaining to establishments located within the same redevelopment project area. Violation of this section is declared to be a public nuisance which may be abated by any method authorized by law.

In adopting these “no new billboards” and “no billboard vehicles on city streets or public parking spaces” provisions, the city council affirmatively declares that it would have adopted such rules even if they were the only provisions in this chapter. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. (Ord. 2-2014 § 1, 1-14-14.)

The following sign types are allowed in any land use designation without a sign permit. These signs must comply with all applicable rules and structural and locational rules and requirements, and as otherwise provided herein:

(a) Various types of communication that are not considered signs as defined in Section 18.25.2600(kkk);

(b) Signs required by law or governmental order, rule, or regulation, with a total surface area not exceeding 10 square feet on any lot or parcel, unless some other size rule applies by another body of law;

(c) Signs which are within a ball park or other similar private recreational use and which cannot be seen from a public street or adjacent properties;

(e) On-site advisory and warning signs less than two square feet in area unless required to be larger by state or federal law;

(f) Development review courtesy notices required by the city to be placed on a property that is proposed for development or other land use entitlement;

(g) Real estate open house signs that comply with the regulations in Section 18.194.160. (Ord. 2-2014 § 1, 1-14-14.)

(a) Existing Signs. All nonconforming signs (including but not limited to billboards) lawfully existing as of the effective date of this chapter may be continued in use without expansion, alteration or other substantial change, until any of the following occur:

(1) The sign is voluntarily removed or relocated;

(2) The sign is damaged or partially destroyed by any means;

(3) The property is developed or redeveloped with new structures or additions to existing structures that exceed 25 percent of the existing building floor area; or

(4) The size or configuration of a lot is changed by the subdivision of the property.

Upon the occurrence of any of the events described in this subsection (a), all nonconforming signs shall be brought into compliance with the provisions of this title except that signs existing with a valid sign permit may be maintained and repaired as long as the ordinary maintenance and repair does not result in any substantial change in the configuration of the sign, sign cabinet, if any, or other structural components of the sign.

(b) Signs for Nonconforming Use. The provisions of this section shall not apply to signs and structures which are related to a lawful nonconforming use which is allowed to continue pursuant to other provisions of this title, provided that the sign conforms to the regulations of the district in which it is located or conforms with the following requirements:

(1) No sign shall exceed 24 square feet in area;

(2) The height of any sign located in the required front yard area shall not exceed six feet above finished grade; and

(3) No additional sign(s) will be allowed on the site if the existing sign(s) exceed the total basic permittable area (BPA) permitted.

(c) Directional Sign(s) Pertaining to Historic Resources. The provisions of this section shall not apply to existing directional sign(s) pertaining to officially designated historic resources. Any new directional sign(s) which are designed and located so as to be readable from state and federal highways and which pertain to officially designated historic resources shall be subject to all applicable state regulations. (Ord. 2-2014 § 1, 1-14-14.)