Fremont Municipal Code Art. IV Standards Applicable to All Signs

All signs must be maintained in good working order, with no exposed electrical wires; free of chipped, cracked, faded or peeling paint; securely attached to the mounting surface; guy wires and mounting struts securely fastened and not corroded or rusted; with all lights and lighting in proper working order. (Ord. 2-2014 § 1, 1-14-14.)

When any sign poses an immediate and significant threat to the public safety, by virtue of its physical condition, it may be summarily removed or the danger remedied by the city, and the cost thereof charged to the sign owner or property owner. Decisions to remove a sign may be appealed to the next level of review, pursuant to the procedures set forth in Chapter 18.300. (Ord. 2-2014 § 1, 1-14-14; amended during 4/14 supplement.)

All external signs intended for display for a period over 45 days shall be made of sturdy, durable materials. Paper, cardboard and other materials subject to rapid deterioration shall be limited to temporary signs. (Ord. 2-2014 § 1, 1-14-14.)

Signs and their supporting structures shall maintain clearance from and not interfere with electrical conductors, communications equipment or lines, surface and underground facilities and conduits for water, sewage, gas, electricity and communications equipment or lines. Signs shall not be placed in public utility easements unless express written permission is obtained from the affected public utility. All signs shall maintain clearance from energized electric power lines as prescribed by the California Public Utilities Code, the regulations of the California Public Utilities Commission, and the orders of the California Division of Industrial Safety, as now in force and as hereafter amended. Signs mounted on private property may project into or above public property or the public right-of-way only pursuant to an encroachment permit. (Ord. 2-2014 § 1, 1-14-14.)

No sign may be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way, by factors such as sight distance, tripping hazard, overhead hazard, etc. (Ord. 2-2014 § 1, 1-14-14.)

No sign shall be mounted or displayed in such a manner that it blocks or impedes the normal pedestrian use of public sidewalks; a minimum of four feet sidewalk width clearance shall be maintained at all times. (Ord. 2-2014 § 1, 1-14-14.)

Signs erected or maintained at or near any street intersection may not obstruct the free and clear vision of drivers and pedestrians. Other than traffic control signals, no sign shall be installed in the visibility triangle at intersections. (Ord. 2-2014 § 1, 1-14-14.)

No sign may be mounted or displayed when, by reason of position, shape, color or image, it is likely to be confused with authorized traffic signs or signals. (Ord. 2-2014 § 1, 1-14-14.)

No sign may be placed, mounted, erected or installed in any manner which obstructs the use of any door, window or fire escape. (Ord. 2-2014 § 1, 1-14-14.)

All permanent signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes (building, electrical, plumbing, etc.) and all other applicable governmental enactments, rules, regulations, or policies. (Ord. 2-2014 § 1, 1-14-14.)

(a) Public Right-of-Way. Other than official government signs or warning signs required by law, no sign shall be placed in median strips or islands, on retaining walls, bridges, benches, traffic signals, poles or utility equipment, street lighting, or utility poles or on traffic signs or traffic sign posts or supporting structures, or on utility poles or anchor wires or guy wires.

(b) Trees and Other Vegetation. No sign shall be affixed to or cut into any tree or other living vegetation.

(c) Terrain. No sign may be cut, burned, marked or in any other manner displayed on a cliff or hillside with the exception of the existing Niles hillside sign. (Ord. 2-2014 § 1, 1-14-14.)

No sign may emit any sound, or emit smoke or vapors. (Ord. 2-2014 § 1, 1-14-14.)

(a) Flashing, Blinking. No sign shall flash, blink, or emit a varying intensity of light or color.

(b) Light Sources. Light sources shall be concealed or shielded to prevent or minimize light spillage, glare, momentary blindness, or other annoyance, disability or discomfort to persons of ordinary sensibilities within the view of such light sources. Illuminated signs located adjacent to any residential area shall be shielded to direct light downward and away from adjacent properties such that there is no spillover light and shall be controlled by a rheostat or functional equivalent to avoid excessive glare to residential properties.

(c) Light Intensity. No sign shall be illuminated so that the primary source of the light is visible beyond the property line. The city reserves the right to require and/or complete a post-installation inspection of the sign illumination. If, as a result of this inspection, it is determined that the illumination is so bright as to adversely impact adjacent properties and uses, the city shall require a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keeping with the general level of illumination on surrounding properties. Such intensity restriction may vary by time of day and ambient light conditions.

(d) Exposed Lighting. Signs using exposed light sources, such as neon tubing, unshielded light bulbs or fluorescent tubes, or any interior lighted sign with transparent or translucent faces, may receive final approval only when the zoning administrator finds that the light from the sign does not cause unreasonable glare or annoyance to passersby or neighbors. A permit to construct a sign with exposed lighting may be issued conditionally, and is not final until the zoning administrator makes the necessary finding. The zoning administrator’s inquiry shall not include consideration of the message content of the sign, and shall be restricted to the physical method of presentation of the message. Notwithstanding these provisions, the city council may adopt sign design guidelines that authorize the use of neon lighting in special districts. This rule does not apply to digital signs; digital sign standards are set forth in Section 18.193.450. (Ord. 2-2014 § 1, 1-14-14.)

When changeable copy is allowed under the land use rules, it shall cover no more than 25 percent or 75 percent for marquee signs of the basic permittable area and copy may not be changed more frequently than once per 24 hours, unless the land use rules state otherwise. This rule does not apply to the freeway-oriented sign for the industrial area portion of the Fremont merged redevelopment project area, or permitted digital signs. (Ord. 2-2014 § 1, 1-14-14.)

Digital signs are only allowed for assembly uses and must be approved by a master sign program pursuant to Article X. When digital signs are allowed under land use rules, such signs shall be subject to the following:

(a) Size. The digital display area may not exceed 50 percent of the applicable basic permittable area (BPA).

(b) Dwell Time. When allowed, digital signs shall display only “slide show” images (i.e., a series of still images), each of which is on display for at least eight seconds. Digital display devices may not be used to create the appearance of moving images, or flashing, blinking or intermittent lighting. Transitions of images are to be gradual (e.g., images shall fade in and out). There shall be no abrupt changes in images or lighting levels.

(c) No General Advertising. When allowed, digital signs may be used to display any combination of noncommercial messages and on-site commercial messages, but may not be used for off-site commercial messages or general advertising for hire.

(d) Cell Replacement. Digital signs must keep at least 98 percent of the display face in good working order at all times.

(e) Light Intensity. Digital signs shall not exceed a surface brightness of 5,000 nits when measured from the sign face at its maximum brightness during daylight hours and 500 nits from sunset to sunrise. However, when a digital sign is visible from legal residential dwelling units, then the maximum surface brightness shall not exceed 250 nits from sunset to sunrise.

(f) Glare. The zoning administrator may impose a condition that the display face be shielded on the sides, top and bottom (or any combination thereof) to reduce potential glare.

(g) Animated Copy. Unless otherwise specifically allowed, signs shall not contain animation, rolling or running letters or message, flashing lights or displays as part of the display. (Ord. 2-2014 § 1, 1-14-14.)

In addition to the basic permittable area (BPA) allowed for the applicable land use, the following signs and standards apply to establishments that sell motor vehicle fuel to end retail customers:

(a) Fuel Price Indicators. Signs which satisfy state law for fuel price indicators are allowed in addition to the BPA, but limited in size to the minimums required by state law.

(b) Additional Signs. If the service station offers auto-related services in addition to the sale of fuel, it may display up to two additional signs subject to approval of a master sign program. If the service station has a convenience market, it may display two additional signs subject to approval of a master sign program. The total number of additional signs shall not exceed four. In no event shall additional sign area exceed an amount equal to 25 percent of the BPA.

(c) Message Types. Signs under this section may not be used for general advertising for hire. (Ord. 2-2014 § 1, 1-14-14.)