Fremont Municipal Code Art. IX Signs for Residential Land Uses within All Land Use Designations

This article applies to all legal residential land uses, regardless of land use designation. However, it does not apply to “hospitality” type uses, such as hotels, motels, and “bed and breakfast” establishments, which are regulated as commercial uses. Nor does it apply to unsold housing units in tract housing developments. The rules stated in this article do not override private party contracts, such as rental agreements or leases. Accessory dwelling facilities, such as detached guest houses, junior accessory dwelling units and accessory dwelling units, separate studios or workshops, and similar uses, do not have separate sign rights; rather, they share the sign rights of the principal unit, as determined by the private owner. Regulations for legal nonresidential land uses in residential land use designations are set forth in the commercial and mixed-use rules.

Subject to owner’s consent, state law, and the following rules, signs may be mounted and displayed on all legal dwelling units at all times and in all zones. These rules are adopted to balance the interests in free speech and expression by sign display against the interests in maintaining quiet, peaceful and visually uncluttered residential neighborhoods. (Ord. 2-2014 § 1, 1-14-14; Ord. 01-2017 § 17, 1-3-17; Ord. 09-2020 § 11, 10-6-20.)

Table 18.193.700 lists the permissible types of signs and standards for residential buildings within residential land use designations as defined by the general plan. All area allowances apply separately to each dwelling unit, building or building complex, but do not apply to accessory buildings except a management office. Additionally, illuminated or nonilluminated address indicators and warning signs are exempt from these standards. Signs that contain maps that identify unit locations within multi-unit developments are also exempt from these standards.

Table 18.193.700 Table of Permissible Sign Types and Standards for Residential Buildings

(Ord. 2-2014 § 1, 1-14-14; Ord. 23-2018 § 37, 10-2-18.)

Two signs may be allowed for a church, school, community center, or other public or institutional use. One sign may be up to 18 square feet and mounted on a building wall and the other may be up to 36 square feet and freestanding; provided, that the top of the sign does not exceed a height of six feet from the finished grade of the lot. (Ord. 28-2014 § 6, 9-9-2014.)

In addition to the noncommercial signs allowed under the message substitution policy, temporary signs displaying any variety of constitutionally protected noncommercial speech may be displayed without a sign permit during the election time period defined in Section 18.25.2600 and may be freestanding or mounted on a building wall. On vacant sites, such signs may only be placed with an approved sign permit that incorporates the owner’s consent. Since no buildings are located on the property, such signs may be either freestanding or fence-mounted. The maximum cumulative display area for temporary signs during the election period is 15 square feet per residential unit. So long as the total cumulative area limit is not exceeded, there is no limit on the number of temporary signs displayed on legal residential uses during the election period. This subsection does not authorize private parties to place temporary signs on city property or the public right-of-way. Such signs are regulated by Chapter 18.194. (Ord. 2-2014 § 1, 1-14-14.)

This section applies to housing projects for four or more dwelling units that are under construction or for sale during their initial sales campaign, or have units for rent.

(a) On-site Construction or Sales Office Signage. The following standards apply to on-site construction or sales office signage:

(1) Size: maximum of 32 square feet per sign face.

(2) Number: maximum one per street frontage.

(3) Height: maximum eight feet above grade.

(4) Display time: Signs authorized by this article may be installed and displayed only during a time which begins when final building permits have been issued and ends when the project receives final inspection approval, certificate of occupancy, accepted notice of completion, or the functional equivalent of any of them.

(5) Illumination: not allowed.

(6) Message types: General advertising for hire is prohibited.

(7) Physical type and location: freestanding or attached to wall or fence.

(8) Flags: maximum of five flags per housing project wherein the total area of all flags does not exceed 45 square feet (measured on one side only).

(9) Additional signage: In addition to the BPA, certain other signs may be displayed as necessary. These include warning signs, construction hour limitations, directional signs, and identification of locations and facilities.

(b) Individual Dwelling Units. For dwelling units where the sale has not yet closed, address indicators and one sign per dwelling unit, not exceeding six square feet, shall be allowed.

(c) Off-Site Signs. A total of four off-site signs promoting sales at the development may be installed and displayed during the initial sales campaign for the project. The area of each sign shall be limited to 32 square feet (measured one side) when located on property not used or developed with residential uses and four square feet when located on property used for residential purposes. The maximum height of each sign shall be no greater than eight feet from grade. The maximum number of signs located on an off-site parcel shall not exceed one per street frontage. Such signs may not be displayed after the sale of the last available unit has closed.

(d) Apartments for Rent. On-premises signs advertising an apartment or apartments for lease or rent are permitted subject to the following regulations; provided, that signs designated temporary in this subsection shall only be displayed while an apartment is available:

(1) Where a permanent freestanding identification sign exists that can accommodate the advertising for lease or rent: Advertising copy shall be placed on that sign;

(2) Where a permanent freestanding identification sign exists that cannot accommodate advertising for lease or rent within the existing sign area: One temporary sign is permitted advertising an apartment for lease or rent attached to the permanent sign and projecting above or below it;

(3) Where no permanent freestanding identification sign exists: One temporary sign advertising an apartment or apartments for lease or rent per street frontage is permitted. Such sign may be freestanding, with a maximum height of three feet, or may be integral with a building. The maximum sign area shall be three square feet. (Ord. 2-2014 § 1, 1-14-14; Ord. 23-2018 § 38, 10-2-18.)

Permanent signs identifying a neighborhood or development project may be installed on land owned by the developer or the homeowners’ association, or other private land with owner’s consent subject to approval of a master sign program. The following standards apply to permanent neighborhood identification signs:

(a) Maximum number: one or (one pair) per major street entrance.

(b) Maximum height: six feet.

(c) Maximum size: 18 square feet of total sign area. Low architectural walls or monument bases are not included in the sign area.

(d) Illumination is permitted, excepting therefrom exposed lighting sources.

(e) Location: Entry signs and monuments should generally be installed outside of the public right-of-way and any utility easements.

(f) Type: monument or wall-mounted. (Ord. 2-2014 § 1, 1-14-14.)

The following are prohibited within residential land use designations or on property used exclusively for residential purposes:

(a) General advertising for hire.

(b) Messages outside First Amendment protection and those prohibited by law.

(c) Illumination, except as otherwise allowed by this chapter.

(d) Animated signs.

(f) Signs containing commercial messages except for real estate signs (as described in Cal. Civ. Code § 713) and garage sale signs.

(g) Signs advertising home-based occupations unless the unit is designated as a live-work unit in a mixed-use project. (Ord. 2-2014 § 1, 1-14-14.)