Article 7 — SIGN REGULATIONS[[1]]

Footnotes:

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Note— Adopted by Ordinance No. 67-021 C.S. April 4, 1967; Amended by Ordinance No. 69-033 C.S. adopted November 4, 1969; Amended by Ordinance No. 70-015 C.S. adopted July 21, 1970; Amended by Ordinance No. 71-031 C.S. adopted May 18, 1971; Amended by Ordinance No. 71-039 C.S. adopted June 22, 1971; Amended by Ordinance No. 72-019 C.S. adopted May 2, 1972; Amended by Ordinance No. 73-016 C.S. adopted May 1, 1973; Amended by Ordinance No. 74-013 C.S. adopted June 11, 1974; Amended by Ordinance No. 74-021 C.S. adopted August 6, 1974; Amended by Ordinance No. 75-015 C.S. adopted June 10, 1975; Amended by Ordinance No. 77-004 C.S. adopted January 18, 1977;Adopted by Ordinance No. 95-22 November 28, 1995; Adopted by Ordinance No. 98-14 October 27, 1998; Amended by Ordinance 02-02, adopted January 22, 2002; Amended by Ord 08-02, adopted January 29, 2008; Amended by Ordinance 15-17, adopted July 14, 2015.

The purpose of this article is to implement the General Plan Policies by establishing regulations for the design, construction, location, and maintenance of signs. Objectives are to balance the need of residents, businesses, visitors, and institutions for adequate identification, communication, and advertising while protecting public health, safety, and general welfare and promoting a well-maintained and visually attractive community, consistent with State and federal law. These regulations recognize that the indiscriminate erection, location, illumination, size, and lack of proper maintenance of signs and sign structures will degrade the quality of the visual environment and the aesthetic character of the community that residents, businesses, and visitors enjoy, which will be detrimental to community well-being and to the local economy. Specifically, these regulations are intended to:

A.

Preserve and improve the appearance of Hayward, and protect the City from visual clutter and blight;

B.

Protect property values, encourage economic development and enhance community appearance by ensuring that signs are compatible with the character of surrounding architecture, districts, and neighborhoods;

C.

Ensure that signs are designed, constructed, installed, and maintained to have adequate visibility while minimizing diversion of vehicle operators' attention;

D.

Encourage sound signing practices as an aid to business and to inform the public, recognizing that signs have an important way-finding purpose for both drivers and pedestrians;

E.

Prohibit or restrict distracting signs, which may impede vehicular and pedestrian safety, including those that block doors or windows, conflict with the City Security Ordinance (Ordinance No. 90-26), those that could hamper firefighting or police surveillance activities, and those that obscure traffic signs, impair drivers' sight lines or distract drivers; and

F.

Safeguard life, health, property and public welfare by regulating the design, quality of materials, construction, illumination, location, and maintenance of signs.

The regulations in this article are in addition to those set forth in Chapter 9 of the Hayward Municipal Code (Building Regulations), and the California Building Code.

Should any regulations in this article be at variance with one another or the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing higher standards shall apply.

(A)

The following regulations shall apply to all signs in all districts within the City. No sign may be placed in any of the following areas:

(1)

Within the public right-of-way (including planter strips, tree wells, sound walls, fences, and street medians), except for A-Frame and related signs allowed in the Downtown Entertainment District by Section 10-7.211(a), community identification signs and Open House Directional Signs on sidewalks allowed by Section 10-7.300 (b)(20), and Temporary Promotional Signs for Community Events allowed by Section 10-7.600.

(2)

On any public property.

(3)

In any location which interferes with vehicular, bicycle, or pedestrian circulation safety.

(4)

Any sign painted or erected on or above the roof or parapet of any building structure (i.e. roof sign).

(B)

A Sign containing non-English language characters and/or non-English words must also include sufficient English translation to enable the public generally and first responders particularly, such as fire and law enforcement, to determine the nature of the business or organization at the location.

(a)

It is unlawful to erect any sign except those exempted under Section 10-7.300 without first obtaining a sign permit from the Development Services Department and a building permit and/or an electrical permit as required by the City Codes. Fees for sign permits, building permits, and electrical permits are based on the current Master Fee Schedule and are non-refundable, unless specifically indicated.

(b)

A sign permit application in compliance with Section 10-7.202 "Permit Applications" shall be submitted to the Development Services Department - Planning Division.

A sign permit will be approved, denied or referred to the Planning Commission within thirty (30) days after the application is deemed complete. If the application is referred to the Planning Commission, the sign permit application shall be acted upon at the next available Planning Commission meeting.

(c)

The Development Services Director ("Director") or designee has the authority to refer a sign permit application to the Planning Commission for review. Any decision of the Planning Commission is subject to appeal to the City Council or call-up by a City Council member, in accordance with Section 10-1.2845 of the Zoning Ordinance.

(d)

Signs requiring a variance may be considered and acted on administratively by the Development Services Director or designee, unless such a sign is associated with an application that is referred to the Planning Commission for review.

(e)

A sign permit is not required for the repair, maintenance or replacement of a lawful and conforming sign, the repair or maintenance of a lawful non-conforming sign, or the replacement of a destroyed sign, except when the sign is required to be removed by Section 10-7.708 "Legal Non-Conforming Signs" and/or Section 10-7.710 "Removal of Certain Signs." A building permit may be required, depending on the nature of the work to be completed.

(f)

Approval of a sign permit application does not constitute approval of any other requirement of the City or under other applicable law.

Application for a sign permit shall be made to the Development Services Department - Planning Division and shall include two (2) copies of the plot plan and elevations, drawn to scale and fully dimensioned, showing:

(a)

Property address and applicant's name, address and telephone number;

(b)

North arrow, overall site dimensions, and the location, setbacks, and dimensions of all existing structures, existing signs, and proposed signs on the parcel;

(c)

Sign elevations - depicting the letter size, overall sign area, colors, materials, type of illumination, support structures, and relationship of the sign to surrounding structures. Photo simulations may also be helpful to support the sign permit request.

(d)

Photographs of the proposed sign location and any existing signs.

(e)

Structural and electrical plans (including Title 24 calculations, where applicable) as required by the City Building Official or designee.

SEC. 10-7.203 - FEES.

Each application for a sign permit, variance or Master Sign Program shall be accompanied by the applicable fees, which shall be established by the Master Fee Schedule.

SEC. 10-7.204 - DURATION OF PERMIT.

A sign permit shall become null and void if the sign for which the permit was issued has not been installed within one (1) year of issuance of said permit.

No more than two (2) establishment (building) frontages may be used for purposes of calculating sign area and the number of signs permitted. Building mounted signs displayed on a single establishment frontage, including secondary-frontage walls, may not exceed the area and number that are permitted on that frontage alone, with no additional signage allowed for corner lots. Square footage allotted to an establishment may be transferred to a freestanding sign, but may not exceed the acceptable size for freestanding signs.

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Sign area calculations noted throughout this Article is the maximum size allowed. A smaller sign area may be required where design, placement, and/or other aesthetic factors dictate. These allowable calculated sign areas may be determined by the Development Services Director, Planning Commission, or City Council.

Unless otherwise noted in this Article, the area of a sign shall be computed as follows:

(a)

Signs containing integral background areas.

• The area of a sign containing a clearly defined background shall be calculated based on the area of the smallest standard geometric shape encompassing a perimeter of the background area of the sign.

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• In the case of signs in which multiple background areas are separated by open space, sign area shall be calculated based on the sum of the areas of all separate background areas, but without regard for any open space between the separate background areas.

(b)

Signs without integral background areas.

• In instances in which a sign consists of individual elements such as letters, symbols or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, awning, architectural projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape.

(c)

Double Faced Signs.

• Only one (1) side of a double faced sign is counted in determining the area of sign faces. Where the two (2) sides are not of equal size, the larger of the two (2) sides will be used to determine sign area.

(d)

Awning Signs.

• The area of a graphic or sign copy on an awning shall be based on the smallest geometric shape encompassing the graphic or sign copy. When there are signs on two panels of the awning, only one side is counted in overall sign calculation.

(e)

Three-dimensional Signs.

• The area of a three dimensional sign shall be the sum of all vertical sign faces of the smallest cube encompassing the design.

(f)

Logos and Accent elements.

• The area of a logo and accent element will be incorporated into the overall sign area calculation unless otherwise noted in this article. The area of a logo and accent element shall be calculated based on the area of the smallest standard geometric shape enclosing the logo or accent element.

(g)

Window signs.

• The area of a window sign shall be calculated based on the area of the smallest standard geometric shape or the sum of areas of the smallest geometric shapes enclosing the sign and logos.

• Window Coverage. Transparent windows and doors of buildings occupied by businesses engaging in retail sales, all or a portion of which are within 5 vertical feet of the floor and which are visible from public rights-of-way or pedestrian walkways or are otherwise visible by the general public from the exterior, shall remain free of coverings

and materials that prevent views into or out of the stores. This shall not apply to approved window signs or retail goods that are presented within or adjacent to a window and that are a part of a decorative window display, as determined by the Planning Director.

(h)

Portable signs.

• 6 sq. ft. per side (area will not be included in total permitted sign area).

An approved Master Sign Program or the conditions of approval for a site plan review, administrative use permit, conditional use permit, variance, or planned development may further regulate or adjust the permitted sign area, number of signs, height, location, color, or design of signs in addition to the regulations contained in this article.

SEC. 10-7.208 - DESIGN.

(a)

All signs shall be constructed of high quality materials and shall be an integral and complementary element of the overall architectural and streetscape composition and shall be integrated with the building's architecture and landscape design, including color, materials, and scale. In some instances, it may be necessary and appropriate to integrate the building and landscape design such that the sign gains maximum visibility.

(b)

Sign construction and sign copy shall be of professional quality. A letter style that is legible and in scale with the size of the sign frame or background shall be used. If more than one sign is used, the signs shall be compatible.

(c)

All signs shall be installed in a professional manner, avoiding unsightly guy wires, exposed raceways or other stabilizing devices. Wall sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the sign is located) or otherwise integrated with the design of the sign and building so as to not detract from the architectural character of the building. Attachments shall be hidden from view in the least destructive manner possible. For masonry, attachments should be embedded into the mortar, not the brick or stone.

(d)

Three-dimensional signs representing human or animal figures, inanimate objects, or signs of a highly unusual shape or color shall be reviewed by the Development Services Director for compatibility with the design of the building, the features of the site, and the character of the neighborhood.

(e)

In some instances, a sign that is of historic nature, is of a unique artistic design, or which represents a period of time or site that is of community importance, should be retained and preserved, as determined by the Development Services Director.

(f)

Where applicable, "lexan" shall be required as a durable plastic material that withstands vandalism.

(g)

Plastic signs shall be prohibited in residential districts.

(h)

The surface where a previous sign existed must be cleaned, repaired, patched, and/or painted to match the exterior finish and color of the building before a new sign is installed.

(i)

Corner Lots and Driveways: Freestanding or monument signs higher than three (3) feet shall be subject to the "Vision Triangle Rule", Article 9, Hayward Traffic Code, for visibility requirements

(a)

Internal and external sign lighting shall be designed to prevent light spillage and glare onto any adjacent residentially zoned property or public right-of-way. Additionally, sign lighting shall not create hazardous glare for pedestrians or vehicles in a public street or on any public or private premises.

(b)

External illumination is permitted in residential districts in accordance with the City Security Ordinance (Ordinance No. 90-26).

(c)

Neon and Halo back-lit lighting may be used in all zoning districts, except the residential districts, on the exterior of buildings, whether for signage or decorative artwork. Use of neon or halo-lit lighting for these purposes shall be subject to review. Neon intended for advertising and which is within twenty-four (24) inches inside a glass window or door of a building shall count toward total signage allowable. Neon intended for "Open" signs, decorative artwork or to represent an ancillary product sold on the premises shall not count toward total signage allowable, as long as there is no flashing or intermittent illumination.

(d)

The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, to illuminate buildings, structures, in windows, or at outdoor sales or storage areas, is prohibited except on a temporary basis for areas in which carnivals, fairs, Christmas tree lots, or other similar activities have

been approved under an Administrative Use Permit for a special event or other permitted short-term promotional or seasonal event.

(e)

Internally illuminated cabinet signs are prohibited except for those which use a non-opaque material with punchthru letters so only the letters are illuminated. Legal non-conforming internally illuminated cabinet signs and service station price signs are exempt.

(f)

The type of illumination for all signs is subject to approval by the Development Services Director or his/her designee, or approving authority.

(g)

Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Code Standards).

(h)

Electronic Reader Boards - See Section 10-7.501(b)(1)(c)(vi)

SEC. 10-7.210 - MASTER SIGN PROGRAM.

The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance. A Master Sign Program is required for any project that has five (5) or more business or office uses, and which requires site plan review, an administrative or conditional use permit, a variance, or is a planned development. No permit shall be issued for an individual sign requiring a permit on a site with five (5) or more existing or proposed business spaces unless and until the discretionary permit and a Master Sign Program for the property on which the sign will be erected has been approved by the approving authority. After the application is determined to be complete, a Master Sign Program shall be acted upon within sixty (60) days, unless submitted as a required component of an application request which requires public review. If a Master Sign Program does require public review, time limitation requirements for the associated permit process shall apply.

Owners of two (2) or more contiguous lots or the owner of a single lot with more than one (1) building may voluntarily file a Master Sign Program with the City conforming to the provisions of this article.

A Master Sign Program may provide for additional sign area and other deviations from the standards of this chapter, provided that the Master Sign Program is consistent with Section 10-7.208, "Design".

The Master Sign Program shall conform to and complement the architectural design and character of the structures on the property.

(a)

Application Content. A Master Sign Program application shall include the following:

(1)

An accurate plot plan of the lot, at such a scale as the Development Services Department may require, showing:

(a)

Location of buildings, parking lots, driveways, and landscaped areas on the lot.

(b)

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs, and the number of freestanding signs allowed on the lot.

(c)

An accurate indication of the location of each existing and future sign of any type, whether requiring a permit or not (i.e., include directional signs too).

(2)

Color scheme.

(3)

Lettering or graphic style.

(4)

Lighting details.

(5)

Materials.

(6)

Sign dimensions.

(7)

Provisions for leasing information.

(8)

Amount of window signage, if any, and type (i.e., painted, etched on glass), with the provision that such signage shall not exceed maximum allowed by these regulations.

(b)

Existing Signs Not Conforming to a Master Sign Program.

• If any new or amended Master Sign Program is filed for property on which existing signs are located, it shall include a schedule for bringing them into conformance with the proposed Master Sign Program (see Section 107.716 - Amortization).

(c)

Binding Effect.

• After approval of a Master Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision in this article. The Master Sign Program shall be attached to the lease agreements for all leasable space within the project. In the case of any conflict between the provisions of such a plan and any other provision herein, this article shall control.

(d)

Modification to an Approved Master Sign Program.

• The Development Services Director or designee may approve minor modifications to an approved Master Sign Program with respect to colors, material, elevations, site plans, landscape plans, lighting and other physical changes.

(e)

Alternative Master Sign Programs

• In the event that design guidelines are created for specific neighborhoods and areas, flexibility with Master Sign Programs within these areas can be granted per the discretion of the approving authority.

The purpose of the Sign Corridor Overlay District is to enhance auto- and pedestrian-oriented experiences and business signage effectiveness on parcels fronting on major street corridors and collectors within the City and to reduce clutter and illegal signage and enhance them with attractive, well designed signs. This will be accomplished by allowing businesses within the Sign Overlay District to have an increased sign area allowance to improve visibility. The Sign Corridor Overlay District includes the properties within the Downtown Entertainment District and arterial and commercial collector roadways as identified in the General Plan, shown in Figure 1 on the following page.

(a)

Downtown Entertainment District. Businesses located within the Downtown Entertainment District shall be allowed one blade or shingle sign of 6 sq. ft. maximum per side and one portable "A-Frame" sign in addition to the maximum sign area allowed for the zoning district.

(b)

Major Street Corridors and Collectors. Businesses located within the Sign Corridor Overlay District along the major street corridors and collectors shall be permitted to have 2 square feet of sign area per linear foot of frontage with a maximum sign area of 200 square feet, which is above the maximum 1.5 square feet of area per

linear foot and a maximum of 100 square feet normally permitted by zoning district, and one blade or shingle sign of 6 sq. ft. maximum per side, in addition to the maximum sign area allowed for the zoning district.

(a)

This article shall not relate to flags of any nation or government, gravestones, barber poles, religious symbols, sign for state or federally regulated uses (i.e. public schools, state universities, United States Post Office, etc.), official traffic or government signs; the content of signs; product dispensers and point-of-purchase displays not directly visible from a vehicular or pedestrian right-of-way; scoreboards on athletic fields; seasonal displays unless regulated herein; or signs not intended to be viewed from a vehicular or pedestrian right-of-way as defined in this article.

(b)

The following signs may be installed without a sign permit, subject to all other provisions of this article. Such signs are not exempt from the requirements of the City Building Official or the Transportation Engineer. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area but their locations shall be included on the plot plan for a Master Sign Program application.

(1)

Accessory Sign. Exempt if not exceeding six (6) square feet in area for each sign.

(2)

Address Sign (non-business).

• Exempt if not exceeding two (2) square feet in area for a single family or duplex unit, and four (4) square feet for all other uses.

• Address numerals shall be at least four (4) inches in height for residential uses and ten (10) inches in height for nonresidential uses. All such numerals shall have a minimum one-half (½) inch stroke width and shall be of contrasting color to the background to which they are attached. Address signs shall also adhere to the following:

✓ Single-family homes shall have address numerals illuminated permanently in accordance with the Security Ordinance (Ordinance No. 90-26);

✓ Multi-family developments with more than three individual buildings (containing one or more units), and for which one or more buildings do not face the same street, shall have an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex (Security Ordinance Ordinance No. 90-26);

✓ For all uses, a larger address sign may be permitted if necessary to adequately identify a building which is set back unusually far from the street, subject to the discretion of the Development Services Director or designee.

(3)

Automatic Teller Machine Sign. Not to exceed four (4) square feet in area per machine.

(4)

Balloons. Not to exceed fourteen (14) inches in diameter and must be of non-Mylar material. No limit as to number.

(5)

Bulletin Board (On-Site). One (1), not exceeding thirty (30) square feet in area per face (including changeable and fixed copy area) and six (6) feet in height, for any non-state or federally regulated facility, including, but not limited to, the City of Hayward, Hayward Area Recreation and Park District (HARD), private schools, religious facilities, community theater, or other type of educational/cultural facility. It may include manual changeable copy, but does not include "Electronic Reader Boards" or "Monument Signs."

(6)

Change of Copy.

• Replacement or change of copy on a legally installed sign that conforms to the requirements of this article does not require a sign permit for changes of copy if a sign structure is not altered or modified.

• If applicable, the replacement copy shall conform to the requirements of any Master Sign Program and/or the conditions of approval of the project where the sign is located.

• For nonconforming Multiple Occupancy Signs, a change of copy to any one (1) given tenant is permitted if the sign identifies other businesses on the same premises.

• No permits are required for changes of copy on electronic reader boards or theater marquees.

• Individual letter signs (i.e. manual changeable copy, bulletin board signs, etc.)., such as those used by religious facilities and schools to promote weekly changing but similar messages, and complying with the original approved conditions do not need a permit.

(7)

Commemorative Plaques. One (1) memorial tablet, commemorative plaque, or sign, including historical identification sign, per building, designating the building name and date of erection, when cut into or raised on any masonry surface or when constructed of cast or wrought metal, with a total maximum sign area of ten (10) square feet. Plaques identifying projects included in the City's Mural Art Program are permitted with the City's approval.

(8)

Community Identification Signs. A sign incorporating information referring exclusively to service clubs, community slogans, directional information to public facilities, and/or municipal statistics in compliance with the City's adopted marketing and branding guidelines.

(9)

Construction Signs. One (1) single-faced sign per street frontage with maximum area of thirty-two (32) square feet per face, ten (10) feet in height, non-illuminated, installed parallel to the street, and located on property where work is or will be under construction. Larger signs may be approved by the Development Services Director when the project and location warrants a larger sign. Within fifteen (15) days after completion of construction or final occupancy, signs shall be removed.

(10)

Directional/Informational Sign. Permitted as defined in this article; limited to six (6) square feet in area per each sign; a logo may comprise up to twenty (20) percent of the total of each sign area.

(11)

Flag (Other than National or Government). One (1) flag per establishment and must be mounted on a pole. The pole height may not exceed twenty-five (25) feet if freestanding, or fifteen (15) feet if located on top of a building, not to exceed the structural height limit of any given District. The longest dimension of the flag may not exceed six (6) feet.

(12)

Garage/Yard Sale Signs.

• Signs used to advertise such a sale on residential property, provided that said signs are non-illuminated, do not exceed four (4) square feet in area, and adhere to the following:

• One (1) garage/yard sale sign is allowed on the garage/yard sale site.

• Up to four (4) additional signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends and holidays on other private properties with the property owners' permission.

• Shall not be placed on public property, including sidewalks, parking areas, landscaped areas, trees, utility poles and sign poles.

• Shall be removed by the owner within one (1) day following the date of the sale.

(13)

Interior Signs. Signs, which are within the interior of any building or complex, or signs which cannot be seen from a right-of-way as defined in this article.

(14)

Murals (with no commercial message, such as Original Art Murals and murals that are part of the City's Mural Art Program).

(15)

Official Signs. Legal notices, identification, information, or directional signs erected or required by governmental bodies or public utilities.

(16)

Original Art Murals. A one-of-a-kind, hand-painted, hand-tiled, spray painted or digitally printed image on the exterior wall of a building that does not contain any commercial message and is not part of the City's Mural Program. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. All Original Art Murals are exempt from obtaining a Sign Permit, but must be approved and registered with the City's Mural Program.

(17)

Political/Election Signs. Allowed up to thirty-two (32) square feet on each face, which are temporary in nature, and are removed within fourteen (14) days after the election for which they are designed.

(18)

Product Identification Sign. Product Identification Signs are allowed when they are not directly visible from a vehicular or pedestrian right-of-way as defined in this article.

(19)

Projecting Signs. Projecting signs such as "blade" or "shingle" signs, up to six (6)-square feet maximum size per face, are permitted in Downtown, Sign Corridor Overlay District, or as part of an approved Master Sign Program. Minimum eight (8) foot high clearance from the bottom of the sign to finished grade is required. Only natural or external illumination is permitted. One (1) is allowed per establishment, which will be included in the calculation of overall number of signs permitted, except for those as permitted in the Sign Corridor Overlay District. It may require an encroachment permit if it is above public property.

(20)

Real Estate Signs:

(i)

On-site Signs. One (1) single or double faced non-illuminated sign per street frontage. Sign can be hanging post, window sign, or a wall sign type. The sign shall be removed within fifteen (15) days after the close of escrow or leasing of the property.

Maximum size per face:

(ii)

Open House Directional Signs: Single Family Homes and Subdivisions. For each open house for an individual home for sale, a maximum of four (4) directional signs and one (1) on-site sign are permitted.

Signs shall be portable A-frame or sandwich board types, maximum four (4) square feet per face, and three (3) feet in height. Signs may be placed on private property with the written permission of the property owner. Signs may also be placed on public property, such as sidewalks, subject to the following regulations:

1.

Signs shall be placed so that a minimum of four (4) feet remains clear on the sidewalk for pedestrians.

Signs shall not be located:

(a)

In the street or a center median.

(b)

In a publicly maintained landscaped area.

(c)

In parks.

(d)

In any bus stop zone.

(e)

Where they may interfere with maneuvering vehicles, bicycles, pedestrians or where visibility of traffic or traffic signs would be hampered.

3.

Signs shall not be illuminated, inflatable, have moving parts or be held by a human (unless allowed as a "Temporary Sign" per Section 10-7.600).

4.

Signs shall not be attached in any manner to trees, utility poles, utility cabinets, street or traffic signs, benches, hydrants, mailboxes, traffic signal light post, or any pole or post displaying a traffic sign, motorist call box or historical marker, or public buildings.

5.

Signs shall not include non-Mylar balloons greater than 14" in diameter, streamers, ribbons, pennants, or other similar devices designed to move in the wind.

6.

Signs shall not resemble traffic control signs or devices.

7.

A total of four (4) signs are permitted per intersection, limited to one (1) sign per corner.

8.

The name and phone number of the broker, agent or owner/seller shall be placed on the sign for identification purposes.

Signs shall be constructed of a durable, weatherproof material and shall be permanently attached to an A-frame type sign structure.

10.

The use of wooden, plastic and metal stake signs is prohibited.

11.

Signs may be displayed only on weekends, federally recognized holidays, and one (1) designated tour-day each week. Signs shall be displayed no earlier than 8:00 a.m. and shall be removed beginning by sunset each day.

12.

The City of Hayward may remove any sign if necessary for maintenance activities or safety considerations. The City of Hayward shall not be liable for any damage to or loss of sign.

(21)

Service Stations. Service stations are permitted to have the following additional signs provided they conform to the height and setback requirements of the district in which they are located:

(a)

State authorized testing center services. Four (4) square feet per sign, wall mounted only.

(b)

Price signs. One (1) single or double faced sign per street frontage permitted and twenty (20) square feet maximum per face. This exemption is intended to allow for full compliance with state law for posting of gasoline prices. Portable price signs are not permitted.

(c)

Pump signs. One (1) sign for each gas pump unit not to exceed two (2) square feet per pump face, or one (1) sign per bank of pumps, not to exceed eight (8) square feet per face, identifying the gasoline brand and rating only.

(22)

Time and Temperature devices. Devices with no advertising, located in nonresidential Districts only, maximum area twenty (20) square feet per face.

(23)

Towing Authorization-Private Property Sign. Signage should follow the City of Hayward Police Department's guidelines for Private Property signs.

(24)

Transit, Bus Shelter Signs or Bench Signs. Signage may be displayed on shelters and benches located at stops which serve AC Transit and other public transit lines in the following circumstances:

• The sign conveys transit information and has been authorized by the public transit agency; or

• The signage is displayed on a bus or transit shelter in accordance with the terms and conditions of a written agreement between the City of Hayward and the public transit agency.

(25)

Under-Canopy Sign. A maximum area of six (6) square feet is permitted.

(26)

Vehicle Sign. Vehicle signs, as defined in Section 10-7.800 are exempt; up to two (2) signs

maximum per vehicle or as allowed by the State Vehicle Code.

Except as otherwise qualified, the commercial and advertising signs in this section shall not be permitted in any District:

(1)

Signs on public property or right of way, unless otherwise expressly allowed in these regulations.

(2)

Advertising Banners.

Exception: Banners used for promotional event and grand opening banners (Sections 10-7.601 and 10-7.602).

(3)

Bunting.

Exception: Temporary bunting permitted for promotional and grand opening events at Automobile Dealerships (Section 10-7-601).

(4)

Cabinet or "Can" Signs.

Exception: Legal non-conforming cabinet or "canned" signs that have not been determined to be abandoned, dilapidated, unsafe or phased out by amortization.

(5)

Changeable Copy Signs/Electronic Reader Boards.

Exception: Permitted signs for facilities used for theatrical, cultural, church, school, sports or other seasonal events, or for industrial use with establishment frontage on a freeway, as allowed by zoning district.

(6)

Dilapidated Sign. A sign including its supporting structure, which is no longer in a good state of repair, is not visually attractive or functional, or has become a health or safety hazard.

(7)

Flashing Signs. Any sign which appears to change color or intensity of lighting, or is perceived as an intermittent or flashing light. This includes electronic reader boards.

Exception: time and temperature signs per 10-7.300(22) and marquee signs per Section 10-7.502(c) approved by the Development Services Director.

(8)

General Advertising Signs (Off-Premises). Any sign relating to a business, commodity, service, entertainment, or event not conducted, sold, or offered on the premises on which such sign is located. This shall include such signs as those illegally posted on telephone poles which usually advertise such events as gun shows, plant sales, car shows, etc. An existing lawfully erected general advertising sign may be relocated under the terms of a relocation agreement pursuant to California Business and Professions Code Section 5412 or successor provision.

Exception: Real estate open house directional signs (see "Exempt" Section 10-7.300); Sidewalk display signs in the Sign Corridor Overlay District (Section 10-7.211); Temporary Promotional Signs (Section 10-7.600); and Vehicle signs (see "Exempt" and "Definitions" Sections).

(9)

Hazardous Signs. Signs which visually obstruct ingress or egress from a building or which adversely affect traffic (vehicular, bicycle, or pedestrian) safety.

(10)

Home Occupation Signs.

(11)

Inflatables, Aerial signs and Mylar Balloons. Excluding balloons as permitted by Section 10-7.300 and permitted as Temporary Promotional Signage per Section 10-7.600.

(12)

Moving Signs. A sign, which has any actual or apparent moving parts activated by a mechanical device, by wind currents or by human beings, where the sign moves or the shape or content of the sign face changes. This includes wind banners/flags, air and wind dancers and human signs and excludes static electronic reader board signs. Prohibited as permanent signage, may be permitted as temporary signage as per Section 10-7.600.

(13)

Natural Objects. Signs attached to or painted on a tree, rock, or other natural object.

(14)

Obsolete Signs. Any sign, including its supporting structure, which no longer advertises a business, leaser, owner, product, service or activity on the premises where the sign is displayed.

(15)

Pennants. Flags or emblems of any type material, which may or may not taper to a point and are usually strung together, except when permitted for promotional and grand opening events per Section 10-7.600.

(16)

Pole Signs. Signs supported by a single pole are prohibited, except as allowed per Section 10-7.500(g).

(17)

Portable Signs. Any sign that is not permanently affixed to a building, other unmovable structure, or the ground such as A-frame signs, T-frame signs and sandwich boards and which is located in a building or in the ground. Exceptions: Real estate open house directional signs (see "Exempt" Section 10-7.300); Sidewalk display signs in the Sign Corridor Overlay District (Section 10-7.211); and Vehicle signs (see "Exempt" and "Definitions" Sections).

(18)

Roof Signs, Wall Signs, or Projecting Signs. Any sign which extends above the roof line or the roof parapet of a building or affixed to the wall of a building so that it projects above the eave line of a roof/ridge.

Exception: Rooftop address numerals which are readable from an aircraft, required in accordance with the City Security Ordinance (Ordinance No. 90-26).

(19)

Searchlights.

Exception: Searchlights used for promotional and grand opening events as permitted per Section 10-7.600.

(20)

Signs Creating Traffic Hazards. Signs that simulate in color, size or design any traffic control sign, signal or device, or that make use of words, symbols or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic. No sign, light or advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision, at

any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

(21)

Streamers. Long narrow strips of any type material that resembles a banner and that float with the wind.

Exception: Streamers for promotional and grand opening events as permitted per Section 10-7.600.

(22)

Vehicle-Mounted Commercial Signs which do not meet the definition set forth in Section 10-7.800 of this article.

(23)

Sign erected without a permit.

(24)

Temporary sign displayed without a permit.

SEC. 10-7.500 - SIGN REGULATIONS BY SIGN TYPE, USE, OR ZONING DISTRICT.

Hayward Municipal Code Sections 10-7.501 through 10-7.503 contains specific regulations for signs on private property, based on the zoning district and sign usage.

SEC. 10-7.501 - GENERAL REGULATIONS BY SIGN TYPE.

a)

Awning Signs.

b)

Electronic Reader Board Signs. Electronic reader boards are permitted for religious facilities, private schools, and cultural facilities as allowed by zoning district and in conformance to the provisions of this article or as determined

by the Development Services Director.

1.

Electronic reader boards shall meet the requirements of the provisions of this article. Electronic reader boards that meet the requirements of this section may be permitted as follows:

(a)

The copy on an electronic reader board sign shall not change more than once in a six-second period unless otherwise allowed by law or except as necessary on a sign for the public health and safety, including traffic control, that is owned and/or operated by the city, Alameda County, State of California, or federal government. Electronic reader board signs, with an area greater than 20 square feet with no commercial message, that include time, date, and temperature information are included in this subsection.

(b)

Installation of a new electronic reader board or replacement of an existing sign with an electronic reader board shall require permits pursuant to this chapter.

(c)

Electronic reader boards must meet the following requirements:

i.

Static display time for each message is a minimum of six seconds;

ii.

The time to completely change from one message to the next is a maximum of two seconds;

iii.

The change of message shall occur simultaneously for the entire sign face;

iv.

The sign shall contain a default design that will hold the face of the sign one position if a malfunction occurs;

v.

No flashing lights, traveling messages, animation or other movements are permitted on an electronic reader board; and

vi.

Illumination of electronic reader board signs shall not exceed the following brightness limits measured as candelas per square feet at any focal point on any roadway or berm or any vehicular approach to any roadway or driveway:

vii.

An electronic reader board sign with copy that moves continuously or appears to be moving, flashing, changing color, pulsing, or alternating shall be considered an animated sign and prohibited as provided in this section.

c)

Freestanding and Monument Signs.

d)

Human Signs. Human signs displaying a commercial message are permitted as a Temporary Promotional sign subject to the issuance of a Sign Permit and Revocable Encroachment Permit (if within the public right-of-way) (including proof of liability insurance), and conformance with the following development standards:

e)

Inflatables. Inflatable signs are permitted to be used for temporary promotional or seasonal events along corridors outside of the Downtown Entertainment area only with the approval of a temporary sign permit and conformance with the following standards:

f)

Multi-Occupancy or Multi-Story Buildings. Permitted as per approved Master Sign Program, otherwise as per Zoning District

A sign on the top story of buildings greater than two stories is allowed on a site-specific basis, subject to Development Services Director or designee approval, and shall be limited to the name of the building or a major tenant. The sign size and type of illumination shall be reviewed on a site-specific basis.

g)

Pole Signs. Prohibited except for:

(1)

Commercial businesses with Freeway frontage on Highway 880 or State Route 92, west of Industrial Boulevard, and which provide food, fuel, or lodging; or

(2)

Major freeway oriented Commercial Centers of at least four (4) acres with an approved Master Sign Program on Highway 880 or State Route 92, West of Industrial Boulevard; or

(3)

Commercial and/or Industrial sites of ten (10) acres or more and which have an approved Master Sign Program;

(4)

Commercial buildings which have a historic designation and for which a small, architecturally appropriate pole sign may be permitted, subject to approval by the Development Services Director.

(5)

Exception: Legal non-conforming pole signs that have not been determined to abandoned, dilapidated or unsafe or phased out by amortization or have been determined to be a sign that is of historic nature, is of a unique artistic design, or which represents a period of time or site that is of community importance, should be retained and preserved, as determined by the Development Services Director or designee.

h)

Portable or "A" Frame Signs. Permitted within the Downtown Entertainment District - on B Street between Foothill and Watkins and on Main Street between A and C Streets only.

(1)

Limited to one per establishment:

a.

Can only be located directly in front of the establishment with a 48" clear pedestrian pathway; and

b.

Can only be displayed during business hours (see diagram below).

(2)

Shall not exceed 6 sq. ft. of sign area per side.

(3)

Shall not exceed 3 feet in height and 2 feet in width, up to a maximum height of 4 feet to accommodate sign stand.

(4)

Shall be constructed of durable, weather proof materials (i.e. plastic, metal, durable painted or stained hardwood).

(5)

Copy area (chalk board, painted, cork board, etc.): Sign message and/or graphics, whether permanent or changeable, shall be well-designed and relevant to the business in which it is serving.

(6)

Shall be kept clean and maintained in good working condition.

i)

Projecting Signs (blade, shingle, hanging).

j)

Wall Signs.

(1)

Prohibited above top of roof or top level of wall, including parapet, nor beyond any vertical corner edge of a wall, marquee, canopy, or awning.

(2)

Walls signs proposed above the second floor of a building require Director of Development Services approval (see "Multi-Occupancy Buildings").

(3)

Painted wall signs require a sign permit and shall be removed after the business has vacated the premises for more than one month. All painted wall signs shall be applied by a licensed sign contractor or a sign artist.

(a)

Auto Dealerships.

(b)

Freeway Oriented Signs.

General:

A Freeway oriented sign is required to advertise the business that occupies the property in which the sign is erected. Off-premise signs are prohibited.

See Section 10-7.800 for Definitions of Freeway Frontage and Freeway-Oriented Signs

(c)

Theater Signs.

(d)

Drive-in Restaurants.

(e)

Service stations.

(f)

Catering Truck.

(g)

Shopping Centers.

General:

Small Shopping Centers (<5 acres) and Large Shopping Centers (≥5 acres)

• Individual tenant signs may not be included as part of the shopping center identification sign unless a Master Sign Program for the entire Center has been approved by the Development Services/Planning Director.

• Individual tenant signs are then included as part of the allotted sign area and number of signs permitted for an individual establishment.

• If a Master Sign Program exists, the Development Services/Planning Director may approve additional signs or sign area as needed to adequately direct the public to the Center.

• Freestanding or monument sign setback shall allow for clear vehicular and pedestrian visibility. If obstructed visibility will result, the Development Services/Planning Director shall increase the setback.

Hayward Municipal Code Section 10-7.501 contains specific regulations for signs on private property, based on the zoning district and sign usage.

(a)

RS, RNP, RO (Single-Family Residential and Residential Office) Districts.

recreational, or similar facility.

(b)

RM, RH (Multi-Family Residential), MH (Mobile Home), and AT-RM (Air Terminal Medium Density Residential) Districts.

(c)

All Commercial Districts (Except CC-R, CC-C and CC-P), Including AT-AC, AT-C (Airport Commercial Zones). The following regulations apply to properties in all Commercial Districts excluding the CC-R, CC-C and CC-P districts.

(d)

CC-R (Central City—Residential) District. The following regulations apply to all properties in the CC-R district.

Sign Type Allowed

Max. No./Height Max. Area

Setback

Illumination

Additional Provisions

(e)

CC-C (Central City Commercial District) and CC-P (Central City Plaza) District. The following regulations apply to all parcels in the CC-C and CC-P Zoning Districts.

Prohibited Signs:

• Monument (except service stations, hotels and motels).

• Animated, in the Marks Historic District.

• Revolving.

• Flashing.

• Portable (except A- and T-Frame).

• Painted Wall Signs or signs that obscure the detail of building facades.

• Awnings made of metal or which are translucent or which contain interior lighting for illumination.

(f)

Form-Based Code Districts—All (MB-CN, MB-NN, MB-CC and MB-CS).

Prohibited Signs (also see Section 10-5.400 Prohibited Signs):

• Signs made of plywood.

• Signs with fluorescent material.

• Monument (except service stations, hotels and motels).

• Animated, scrolling in the Marks Historic District.

• Aerial Signs (see inflatable signs) except as permitted for Temporary Promotional Events.

• Awnings made of metal or which are translucent or which contain interior lighting for illumination.

(g)

I (Industrial), AT-IP (Airport Terminal Industrial), and AT-R (Airport Terminal Recreational) Districts.

(h)

PD (Planned Development) District. The Development Services Director or approving authority shall approve all signs within a Planned Development District. Where signs are not included in or regulated by the preliminary or precise plan approval, the standards of the zoning district most similar in use to the uses in the Planned Development District shall be used as a guideline for approval of signs.

(i)

A (Agricultural) and FP (Flood Plain) Districts.

(j)

New Districts. Any new zoning Districts adopted by the City Council subsequent to the adoption of this Article shall be subject to regulations of the District most similar in nature and function as determined by the Development Services Director.

(Amended by Ordinance 20-12, adopted July 14, 2020)

SEC. 10-7.600 - TEMPORARY SIGN REGULATIONS. SEC. 10-7.601 - AUTO DEALERSHIP BANNERS

i.

Purpose. The purpose of allowing banners for automobile retail establishments located in the General Commercial (CG) and Mission Boulevard Form Based Code zoning districts is to recognize the distinctive requirements of this form of retail and to foster a unified image of a Hayward "auto row." Uniform banners strengthen the collective impact of display and advertising for auto retail along Mission Boulevard, in a manner that is attractive, compatible, and safe, and enhances the streetscape and the economic well-being of the city.

ii.

Automobile Retail Establishment Defined. "Automobile retail establishment" means an establishment whose primary use of a building or property is for outdoor display and sale of new or used automobiles, trucks, vans, motorcycles, trailers or recreational vehicles. The term does not include establishments for which the sale of vehicles is an incidental use, such as rental car agencies.

iii.

Banner Defined. "Banner" means a non-permanent sign, made of durable fabric, fastened from the top and bottom to a ground-mounted pole or similar structure on private property. Banners shall not be fastened to any landscaping/tree, fence or retaining wall.

iv.

Banner Permits and Requirements. The Development Services Director or designee may approve a banner permit in accordance with the regulations and criteria set forth in this section and may impose such other reasonable conditions as may be deemed necessary in the public interest. The following regulatory standards are required conditions for any banner:

1.

Size. Each "large banner" shall be a minimum of sixteen point one (16.1) square feet and a maximum of twentyeight (28) square feet.

Each "small banner" shall be a minimum of eight (8) square feet and a maximum of sixteen (16) square feet. All banners of the same type on a property shall be the same size.

2.

Quantity. Each property may display a maximum of one (1) "large banner" for every thirty (30) lineal feet of street frontage. Each property may display a maximum of one (1) "small banner" for every four hundred (400) square feet of parking and auto display area.

3.

Location and Setbacks. The entire banner shall be located on private property, outside of vision triangles of motorists and shall not extend into or be allowed to move into the public right-of-way.

"Large banners" may be located within ten (10) feet of the property line adjacent to Mission Boulevard. "Small banners" may be located elsewhere within parking and auto display areas.

4.

Distance between Banners. No banner shall be located closer than ten (10) feet to another banner.

Height. The bottom of each banner shall be at least eight (8) feet and not more than twelve (12) feet above the surface below it. All decorative banners located on a property shall be the same height.

6.

Materials. Banners shall be of durable fabric intended for outdoor use such as altrafab, pryatone, sunbrella or similar quality fabric. No fade inks shall be used on the banners.

7.

Hardware. Brackets for mounting the decorative banners to poles shall be of high quality such as stainless steel banding with fiberglass arms which can flex with the wind.

8.

Maintenance. Banners shall be promptly replaced when ink fades or fabric tears, frays or fades. Hardware shall be replaced or repaired when damaged or twisted. All banners shall be fastened to keep taut and shall not be loose or floppy.

9.

Promotional Signs. The possession of a sign permit for Auto Dealership Banners would prohibit the installation of temporary promotional displays on the same property.

10.

Duration. Banners shall be permitted for a maximum of 120 days per calendar year and duration shall be specified on the permit.

v.

Permit Application. An application for a sign permit shall be made on a form supplied by the Development Services Director and initiated by owners or agents of automobile retail establishments. The application shall be accompanied by the required fee, as adopted by resolution of the City Council. Along with demonstrating that all of the above required conditions of approval have been met, the following information shall be submitted to the Director in conjunction with an application for a permit:

1.

Site plan for the automobile retail establishment, indicating quantity, location and height of banners for the property;

2.

Color drawings showing banner design, including colors, materials, hardware and size;

3.

Explanation of duration of display of the banners that are requested.

4.

Additional information, as determined by the Director may be required.

Promotional event or grand opening signs are regulated only by this section. These signs are permitted in addition to the sign area and number allowed for other classes of signs.

(A)

Permitting. In order to display any promotional or grand opening signs, a person must file a Sign Permit Application with the Development Review Services Division. The application shall state the applicable number of signs allowed and the number proposed, the date(s) when the signs are to be erected and when they are to be taken down, in accordance with time limits set forth in this article. If applicable, the application shall state the number of times such signs have already been erected in a given calendar year.

(B)

Location. Promotional and grand opening signs may not be placed within the public right-of-way (including planter strips, tree wells, sound walls, fences, sidewalks, and street medians), on public property or in any location which interferes with vehicular, bicycle, or pedestrian circulation or safety, except for recognized community sponsored events, such as events sponsored or held by the City of Hayward, Hayward Unified School District, Hayward Area Recreation and Park District (HARD), Hayward Historical Society, Hayward Chamber of Commerce, and other government agencies and community organizations as determined by the Development Services Director).

(C)

Number and Type Permitted and Time Frame.

*See Human Signs, Section 10-7.501(d) and Inflatables, Section 10-7.501(e).

**The application fee shall be waived for grand opening promotional signs for all new businesses with a valid City business license.

SEC. 10-7.603 - SUBDIVISION AND DIRECTIONAL SIGNS (OFF-SITE).

•

One (1) temporary sign per lot on which it is placed related to the sale or lease of any real property, up to thirtytwo (32) square feet in sign area per sign; ten (10) feet in height and ten (10) feet back from property line.

•

For each two hundred (200) feet of street frontage, one (1) additional temporary sign related to the lease or sale of any real property is permitted, subject to the size, height, and setback requirements provided in this section.

•

Must be placed on private property with the owners' permission, and may remain for twelve (12) months after first installed, or until last unit is sold, whichever is first.

•

A time extension, if needed, must be applied for and approved by Development Services Director and must be submitted fifteen (15) days prior to the expiration date of the permit.

SEC. 10-7.700 - ADMINISTRATION, COMPLIANCE AND ENFORCEMENT.

The Development Services Director or his or her designee shall be vested with the authority to determine compliance with provisions of this ordinance except for building or fire code requirements. The Development Services Director or his or her designee is empowered to interpret and enforce the provisions and requirements of this article and to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated, or maintained in violation of this article.

SEC. 10-7.701 - ADMINISTRATIVE REFERRAL.

When there is a question regarding the interpretation of this ordinance, or its application to any specific case or situation, the Development Services Director may, in his or her discretion, refer the question to the Planning Commission.

SEC. 10-7.702 - ADMINISTRATIVE MODIFICATIONS.

The Development Services Director may administratively reduce the setback requirement or increase the permitted sign area if such modifications are minor, not more than twenty-five (25) percent, and he or she

determines that no practical alternative exists, that the purposes of the ordinance would not be compromised, and that no detrimental impact would result.

The purpose of the Variance provision is to authorize, in specific cases, departure from the terms of the Ordinance if not contrary to the public interest where, owing to special conditions, literal enforcement would result in unnecessary hardship.

(a)

Applications for Variances shall be processed in accordance with Sections 10-1.2815 through 10-1.2825 and Sections 10-1.3305 through 10-1.3375 of the Zoning Ordinance.

(b)

The Development Services Director, or the Planning Commission upon referral by the Director, may grant a Variance when it can be determined that:

(1)

There are special conditions or circumstances peculiar to the property involved that do not apply generally to property in the same district; and

(2)

Literal interpretation of this article would cause a hardship or deprive the applicant of rights enjoyed by others in the same district; and

(3)

The granting of the Variance does not grant a special privilege inconsistent with the limitations on other properties in the same district.

SEC. 10-7.704 - REVOCATION OF SIGN APPROVAL.

The Development Services Director has the authority to revoke any permit or approval issued by the Director or the Director's designee. Revocation shall occur pursuant to Section 10-7.705, "Grounds for Revocation."

SEC. 10-7.705 - GROUNDS FOR REVOCATION.

Any sign permit approval or action may be revoked on the basis of one (1) or more of the following grounds:

(a)

Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved application or with respect to any other information provided to the City.

(b)

Failure of the applicant to meet or abide by any condition imposed upon approval.

(c)

Failure of the applicant to erect the approved sign(s) within one (1) year of permit issuance.

(d)

Abandonment of the sign for a period of thirty (30) days.

Prior to revocation, the Development Services Director or Planning Commission, on appeal, shall hold a hearing after written notice is provided to the applicant.

Any person aggrieved by a decision by the Development Services Director may appeal such action to the Planning Commission by filing a written appeal with the Development Review Services Division within ten (10) days from the date of such action. Upon completion of its consideration, the Planning Commission may sustain, or modify, or reverse the Director's decision. Any action or decision of the Planning Commission is final and not appealable.

A legal non-conforming sign is a sign lawfully constructed and maintained prior to the effective date of this Ordinance, but which does not conform to the provisions of this chapter, or because of a district change after the effective date of this chapter affecting the property upon which the sign is located, ceases to comply with the applicable zone district regulations. This chapter is intended to limit the number and extent of nonconforming signs by prohibiting alteration or enlargement thereof so as to increase the discrepancy between existing conditions and the standards and requirements of this Ordinance and to provide for the elimination of nonconforming signs, in compliance with State law.

(a)

A legal non-conforming sign (see Section 10-7.800: Definitions), unless made to conform to the provisions of this article, may not be structurally altered, expanded, moved, modified in any way, or be reestablished after:

(1)

Discontinuance for six (6) months or more; or

(2)

Damage or destruction of more than fifty (50) percent of replacement value.

(b)

Any legal non-conforming sign shall be permitted to remain until such time as:

(1)

There is a change in the use of the property on which the sign is located and discretionary approval for the change of use is required;

(2)

Expansion, movement or modification of the sign. A change of copy or normal maintenance and repair does not constitute modification of a non-conforming sign.

(c)

At such time as any of the events mentioned in subsections (a) and/or (b) occur, the sign must be brought into conformance with this article. .

(d)

At such time that the amortization period concludes, in accordance with Section 10-7.716.

(a)

Each sign, including a legal non-conforming sign, shall be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of signs, as determined by the Development Services Director. Repaired signs will be consistent with the approved sign permit for the sign (i.e. paint colors and illumination will match, etc.).

(b)

When signs are removed, the wall or fence behind the sign shall be repaired and painted to match the rest of the structure.

(c)

Abandoned, dilapidated or unsafe signs shall be subject to abatement in accordance with Sections 10-7.713 and 10-7.714.

(a)

A sign which is unsafe, abandoned, significantly dilapidated, deteriorated or was constructed illegally, may be removed without payment of compensation by the City to the establishment. This includes:

(1)

A sign which meets any of the criteria specified in Business and Professions Code Section 5497, or all of the requirements of Business and Professions Code Section 5495, or their successor provisions, shall be removed without compensation in accordance with those provisions.

(2)

A sign, which meets the requirements of Business and Professions Code Sections 5412.1 or 5412.2 shall be removed in accordance with those provisions, or their successor provisions.

(3)

A sign which was constructed unlawfully.

(a)

Within six (6) months from the date of the adoption or amendment of this article, whichever is later, the City shall commence inventorying and identifying all illegal or abandoned advertising displays, as required in Section 5491.1

of the California Business and Professions Code. Within sixty (60) days after the six (6) month period, the City shall commence abatement of the identified preexisting illegal and abandoned on-premises displays. Fees for the cost of inventorying and identifying illegal or abandoned advertising displays shall be collected in accordance with Section 5491.2 of the Business and Professions Code and the Master Fee Schedule.

(b)

Any sign which is abandoned or deemed to be abandoned due to the sign's obsolescence or disuse shall be removed by the owner of the property on which the sign is located within thirty (30) days after the sign is abandoned or deemed to be abandoned.

SEC. 10-7.711 - ENFORCEMENT OF SIGNS ON PRIVATE PROPERTY.

(a)

Removal. Development Services Director or his or her designee may remove or cause the removal of a sign which is constructed, installed or maintained on private property in violation of this article or other provisions of law ("illegal sign"), in accordance with the procedures set forth in Chapter 5, Article 7 of the Municipal Code - Community Preservation and Improvement.

(b)

Notice to Abate. Abatement of illegal signs shall be in accordance with the procedures set forth in Chapter 5, Article 7 of the Municipal Code - Community Preservation and Improvement.

SEC. 10-7.712 - ENFORCEMENT OF SIGNS ON PUBLIC PROPERTY.

(a)

Removal. The City may remove any temporary or portable sign in the public right-of-way or on public property in violation of this Ordinance.

The City may declare as a public nuisance and abate at the owner's expense any sign maintained in violation of this article. A sign maintained in violation of this article includes, but is not limited to:

(a)

An on-premises advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

(b)

An on-premises advertising display that was legally erected, but has been abandoned or not maintained.

(c)

An on-premises advertising display that was legally erected, which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display non-conforming has expired, and conformance has not been accomplished.

(d)

An on-premises advertising display which is a danger to the public or is unsafe.

(e)

An on-premises advertising display or painted wall sign that was not erected or applied with a sign permit or which remains after the business has vacated the premises for six months for on-premises advertising display and one month for painted wall sign.

Abatement of illegal signs shall be in accordance with the procedures set forth in Chapter 5, Article 7.

The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances and regulations or abating public nuisances in any other manner provided by law. Nothing in this article shall be deemed to prevent the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this article constitutes an infraction or a misdemeanor, as set forth in Chapter 1, Article 3 of the Hayward Municipal Code.

If any provision of this Article is determined invalid, void or unenforceable by a final judgment rendered by a court of competent jurisdiction, the validity of the remaining provisions of this Article shall not be affected, provided that the enforcement of the remaining provisions of this Article are not rendered impractical by the severance of the provision deemed to be invalid, void or unenforceable.

Notwithstanding other provisions of this chapter, the following signs shall be required to be removed or modified to comply with the provisions of this chapter. The City of Hayward will work closely with the business community to seek compliance with long-term established businesses.

1.

"Abandoned signs" as defined herein, must be removed:

a.

Any sign, including its supporting structure, remaining in place or not maintained for a period of six (6) months, which no longer advertises or identifies an active business, product, or service, whether such business, product, or service is provided on-site or off-site.

b.

Any painted wall sign remaining in place or not maintained for a period of one (1) month, which no longer advertises or identifies an active business, product, or service, whether such business, product or service is provided on-site or off-site.

2.

Signs nonconforming to the established signing standards must be made to conform within three (3) years after adoption of the sign standards and completion of a City Sign Inventory.

The following definitions shall apply to the interpretation of this article. The definition of the singular form of any defined term also applies to the plural form of the same term.

A-Frame Sign. Portable Sign and Sandwich Board Sign. The terms "A-Frame Sign," "Portable Sign," "T-Frame Sign," and "Sandwich Board Sign" shall mean portable signs capable of standing without support or attachment.

Abandoned Signs. Any sign, including its supporting structure, remaining in place or not maintained for a period of six (6) months which no longer advertises or identifies an active business, product, or service whether such business, product or service is provided on-site or off-site.

Any painted wall sign remaining in place or not maintained for a period of one (1) month which no longer advertises or identifies an active business, product, or service whether such business, product or service is provided on-site or off-site.

Accessory Sign. A sign, generally informational or directional, that has a purpose secondary to the use of the parcel on which it is located, such as "no parking," "entrance," "loading only," "telephone," or other similar language.

Accessory sign also includes logos—a graphic mark, symbol, icon, or emblem.

Address Sign. The official street address of a parcel, building or part thereof.

Aerial Sign (also see inflatable). A balloon, or other airborne flotation device, which is tethered to the ground or to a building or other structure that directs attention to a business, commodity, service or entertainment conducted, sold or offered.

Alter. Any change in the weight, depth, height, area, thickness, location, or type of display of an existing sign but shall not be construed to prevent normal or periodic maintenance, upkeep, or repair of a sign or change of copy.

Awning. Any frame covered with cloth, aluminum, or other materials which is attached to and projects from the exterior wall of a building, typically over a window or door.

Awning Sign. Any sign which is painted, printed, sewed, or otherwise attached to an awning. For purposes of this article, signage on two (2) panels of an awning counts as one (1) sign for purposes of calculating total number of allowable signs. Internal illumination of the signage is prohibited.

Balloon. Any spherical shaped inflatable device (excluding Mylar balloons) fourteen (14) inches or less in diameter, tethered in a fixed location. Often used for promotional events and grand openings. See "Inflatable."

Banner. A temporary sign composed of lightweight, flexible, non-rigid material that is mounted to a pole or a structure at one (1) or more edges either vertically or horizontally. Requires a sign permit for advertising a product, service, business or promotional event. National, state, or municipal flags shall not be considered banners. An eight (8) foot clearance is required between a banner and finished grade. See Section 10-7.600.

Billboard. See "Off-Premise Signs."

Blade sign. A small sign which is suspended from an overhang, canopy, marquee, or awning, or is suspended from a mounting attached directly to the building wall, and hangs perpendicular to the building wall. An eight (8) foot clearance is required between a blade sign and finished grade. It may require an encroachment permit.

Building Identification Sign. A wall sign identifying the name of a building, largest leaseholder, or owner of a building of two (2) stories or more in height, within which they are doing business.

Bulletin Board (On-Site). A permanent wall or free-standing sign with manual changeable copy (i.e. not by electronic means). Found on educational or cultural sites (i.e., church, school, community theaters, etc.), but does not include "Monument Signs".

Bunting. A temporary sign made of gathered cloth, canvas, light fabric or plastic exhibiting the color or colors of a flag of a government or governmental agency or any patriotic, religious, charitable, civic, educational or fraternal organization.

Business Identification Sign. A sign indicating the name, trademark, address, use, primary commodity, or service available on the premises where the sign is located.

Can/Cabinet Sign. A sign which contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface.

Canopy. Any structural, ornamental roof-like appendage, freestanding or attached to a building, including roof overhangs, but excluding awnings, marquees or metallic hoods.

Changeable Copy Sign. A permanent sign whose informational content can be changed or altered by manual or electronic means. Also includes a sign known as an "Electronic Reader Board," "Marquee Sign," or time and temperature sign.

Change of Copy. Alteration of wording and/or advertising information, including logos, on an existing sign structure, where no change to the size, height, and structural content or support of sign is made. A change of copy does not require a sign permit.

Community Identification Sign. A sign incorporating information referring exclusively to service clubs, community slogans, directional information to public facilities, and/or municipal statistics.

Construction Sign. A sign listing the future occupant or use on a given property (e.g. "Coming Soon"), and the landscape architect, engineer, planner, contractor, or other person or firm participating in the development, construction, or financing of the project on the property where the sign is located. See Section 10-7.300(9).

Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Corridor Overlay District ("Corridor"). A Corridor Overlay District is a zoning district that provides for specific signage regulations to be applied to designated areas in combination with the requirements of the underlying or base zoning districts. Parcels fronting A Street, B Street, Jackson Avenue, Foothill Boulevard, Mission Boulevard, Hesperian Boulevard, Tennyson Road and Industrial Drive and Parkway comprise the Corridor Overlay Districts.

verlay District is a zoning district that provides for specific signage regulations to be applied to designated areas in combination with the requirements of the underlying or base zoning districts. Parcels fronting A Street, B Street, Jackson Avenue, Foothill Boulevard, Mission Boulevard, Hesperian Boulevard, Tennyson Road and Industrial Drive and Parkway comprise the Corridor Overlay Districts.

Decorative Artwork. Exterior works of art, such as statues and murals that do not advertise a product, service, or business; may include vertical banners attached at two (2) ends to a light pole.

Dilapidated Sign. A sign, including its supporting structure that is not in a good state of repair, or is not visually attractive and/or functional due to lack of maintenance, or is a safety hazard.

Directional/Informational Sign. Any on-premises sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. This includes street name signs, danger signs, and traffic control signs (i.e., "Stop," "Yield"), and similar signs, the face of which must meet the State of California Department of Transportation standards.

Said sign may contain the name or logo of an establishment but no advertising copy, provided that the logo does not comprise more than twenty (20) percent of the total sign area per sign face.

Directory Sign. Any identification sign listing the occupants of a building or complex, identifying the location of, and providing directions to any establishment.

District. Zoning district designated in the Zoning Ordinance of the City of Hayward, Chapter 10, Article 1.

Double-Faced Sign. A sign with two (2) distinct, generally parallel faces, each designed to be viewed from separate directions, and which at no point is thicker than twenty-four (24) inches measured from the external surface of each face.

Electronic Reader Board. An electronically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.

Establishment. An individual, separate place of business.

Exposed Raceways. Individual letters mounted on an exposed electrical raceway instead of being mounted directly on a building wall building wall or with the raceway designed to be hidden by the design of the sign.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol. Regulations herein do not apply to flags denoting nations, government, or noncommercial organizations.

Flashing Sign. Any illuminated sign whose motion or visual impression primarily changes through electronic means more than once every four seconds. Said signs shall include any sign with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, reflect, vary in intensity, vary in color, or use intermittent electrical pulsations.

Freestanding Sign. Any sign supported by one (1) or more uprights, braces, columns, poles, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires.

Freeway Frontage. For purposes of this article, "Freeway Frontage" means any establishment(s), business(es) and/or property(ies) in the vicinity of Interstate 880 or State Route 92 (west of Industrial Boulevard) located within six hundred (600) feet of a freeway, freeway frontage road, or freeway overpass. The business(es) must provide food, lodging, or fuel to freeway users or must comprise a commercial center of at least four (4) acres with an approved Master Sign Program.

Freeway-Oriented Sign. For purposes of this article, any sign that is designed to be visible from at least one direction of Interstate 880 or State Route 92, west of Industrial Boulevard.

Allowable Freeway-Oriented sign types are: freestanding or monument signs, pole signs subject to section 107.500(g), and wall signs. Electronic reader board signs are allowed if used for a commercial center greater than or equal to five (≥5) acres with an approved Master Sign Program.

Freestanding, monument and pole signs can be fifty (50) feet maximum in height.

Frontage, Establishment. The ground floor horizontal distance of a building or portion thereof occupied by the business. It is measured along a ground floor wall which has a customer entrance that faces and has access onto a public open space, such as a courtyard or plaza; or is adjacent to a public street, or adjacent to a driveway or parking lot which serves that use.

If any building frontage does not consist of one (1) straight line, the frontage of any offset portion shall be projected, for computation purposes, to the extension of the line of the most forward face of the building.

Frontage, Primary. The establishment frontage containing a customer entrance that faces and has access onto a public open space, such as a courtyard or plaza; or is adjacent to a public street, or adjacent to a driveway or parking lot which serves that use. Only one (1) frontage, which must contain a customer entrance, may be counted as primary frontage.

Frontage, Secondary. The establishment frontage, other than the primary frontage which has exposure to pedestrian or vehicular traffic. Only one (1) secondary frontage may be counted for determining maximum sign area.

Grand-Opening Signs. Banners, pennants, flags, balloons that are not larger than fourteen (14) inches in diameter, searchlights and similar advertising devices are allowed with a permit when used for bona-fide grand-openings events. See Section 10-7.600.

Hanging Sign. A sign no larger than eight (8) square feet, four (4) square feet per side, which is suspended from below a marquee, canopy or awning. A hanging sign is larger than a "Blade" or "Shingle" sign.

Hanging Post Sign. A sign that hangs from a bracket attached to a structure comprised of one (1) or two (2) posts.

Halo-Lit: Halo Lighting Illumination. The illumination of individual letters, numbers or graphics having an opaque surface by the use of internal, reverse illumination where the light source is not directly visible.

Height. The vertical distance from the lowest point of the ground directly below the sign to the highest point of the sign (including the support structure and any projecting design elements).

When a sign is located on a berm, retaining wall, or similar feature, at the Director of Community and Economic Development/ Planning Director's discretion, the height of such berm may be subtracted from the overall height of the sign where consistent with the overall design of the project.

Human Sign. A sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service or product. This can also include a person dressed in costume for the purpose of advertising or drawing attention to an individual, business, commodity, service or product.

Illuminated Sign. A sign with an internally or externally illuminated light source which makes the message on the sign readable.

Industrial Complex. A continuous area of land and any structures thereon, under single ownership or operated under a single direction, of at least three (3) separate establishments engaged in industrial or manufacturing activities.

Industrial Complex Directory Sign. A sign identifying an industrial complex and/or the industrial establishments therein.

Inflatable (also see aerial signs). Any inflated device, exceeding fourteen (14) inches in diameter, intended to advertise or draw attention to a grand opening, promotion, or similar event. Examples are: a large balloon, animal figure, bouncy house or product replication. See Section 10-7.600.

Legal Non-conforming Sign. A sign which was legally constructed and maintained under laws or regulations in effect at the time of construction which does not conform with the provisions of this article.

Logo. A graphic mark, symbol, icon, or emblem representing an establishment or business.

Marquee. A permanent roof-like shelter extending from part or all of a building face and may or may not project over the public right-of-way. Is also referred to as an overhang and is three (3) feet maximum in height.

Marquee Sign. Any sign utilizing changeable copy painted on or attached to or supported by a marquee.

Master Sign Program. A coordinated sign plan which includes details of all existing and future signs whether requiring a permit or not (including directional signs,) i.e. Shopping Center, Business Park, Industrial Complex, Major Tenant identification, individual business, and directory signs.

Monument Sign. A low-profile, freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure erected to rest on the ground and which is designed to incorporate the architectural theme and building material of the building on the premises.

Monument signs shall be an integral and complementary element of the overall architectural and streetscape composition and shall be integrated with the building and landscape design.

Moving Sign. A sign which has any actual or apparent moving parts, activated by a mechanical device by wind currents or by human beings where the sign moves or the shape or content of the sign face changes. It is different from a changeable copy sign, such as an electronic reader board.

Examples include wind banners/flags, air and wind dancers and human signs.

Multiple-Faced Sign. A sign on a curved surface or on three (3) or more planar surfaces designed to be viewed from more than two (2) directions.

Multiple-Family Development. A continuous area of land occupied by multi-family dwellings under single ownership or operated under single direction.

Multiple Occupancy Signs. A sign identifying several businesses on the same premises.

Mural. A picture painted on an exterior surface of a structure. A mural shall be considered a wall sign if it contains words, logos, trademarks or graphic representations of any person, product or service that identify or advertise a business, whether on the same premises or on another premises.

Neon or Other Gas Tube Illumination. A sign that is illuminated by a light source consisting of a neon or other gas tube which is bent to form letters, symbols, or other business identifying shapes.

Off-Premises Sign. Any sign that is not appurtenant to the use of the property, a product sold, or the sale or lease of the property on which it is displayed or contains a message chosen by a person other than the person in control the property or structure where the sign is located, erected, or maintained. This definition shall include, but is not limited to, billboards, posters, panels, painted bulletins, and similar advertising displays.

Office Complex. A continuous area of land and any structures thereon, all under single ownership or operated under a single direction, consisting of at least five (5) separate establishments.

Original Art Mural. A one-of-a-kind, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold.

Overhang Sign. Any sign that is mounted atop the overhang, parallel to the storefront and does not project above the roofline of the building.

Painted Wall Sign. Any sign which is applied with paint or similar substance on the surface of a wall. This does not include "Murals.

Pennants. A temporary sign composed of light-weight plastic, fabric, or other material, whether or not containing a message of any kind which may taper to a point suspended from a rope, wire, ribbon, or string or other material

usually in a series. Often used for promotional events and grand openings. This does not include automobile antenna sleeves. See Section 10-7.600.

Pole Sign. A freestanding sign supported wholly by one pole placed in the ground.

Political/Election Sign. A Temporary Sign referring to a candidate, proposition, or issue subject to a local, state, or national public election or referendum.

Portable Sign. Any sign not permanently affixed to a building, other unmovable structures, or the ground, such as sidewalk display signs like A-frame signs, T-Frames and sandwich boards. Includes magnetic signs placed on the roof or side of vehicles as long as no other structural support is added to the vehicle.

Product Identification Sign. A standardized sign supplied by a distributor or manufacturer at nominal cost or free to a business which identifies the business as well as a product of a local, regional, or national distributor or manufacturer which is available only incidentally on the premises, such as product dispensers and point of purchase displays which are not directly visible from a vehicular or pedestrian right-of way.

Projecting Sign. A sign, other than a wall sign, which is attached to a building or other structure, and extends beyond the line of building or structure to which it is attached. Projecting Signs shall be at least 8 feet above the finished grade of the public sidewalk and fifteen feet above a driveway. Also see "Blade," "Hanging," "Shingle," signs.

Promotional Event Sign. See "Promotional Event and Grand Opening Signs", Section 10-7.602.

Real Estate Sign. A temporary sign for the sale, lease, or rental of the parcel, structure, or establishment on which the sign is located.

Right-of-Way. For purposes of this article, "Right-of-Way" is defined as that area of land owned or maintained by a governmental entity in which is located a street, curb, gutter, landscape planter strip, tree wells, sidewalks, or any other structure, device or equipment in or upon public property within the City of Hayward.

Roof Sign. A sign painted or erected on or extending above the roof or parapet of any building or structure.

Setback. The minimum distance from the property line a sign must be located.

Shingle Sign (Also see Blade and Shingle Signs). A small sign, which is either suspended from an overhang, canopy, marquee or awning, or is suspended from a mounting attached directly to the building wall. It may be placed parallel or perpendicular to the face of a building. An eight (8) foot clearance is required between a blade sign and finished grade. It may require an encroachment permit.

Shopping Center. A continuous area of land under single ownership or operated under a single direction, developed for retail commercial purposes, and typically has at least one major tenant ("Anchor"). For the purpose of this article a small shopping center is less than five acres and a large shopping center more than five (5) acres.

Shopping Center Identification Sign. A sign identifying a shopping center and major or anchor tenants only.

Sidewalk Display. See "Portable Sign".

Sign. A device, fixture, placard, structure, or painting that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

For purposes of this article, a Sign includes any object, which is intended to attract the attention of passersby to a business, service, or product, whether or not such object contains any text. This may include but is not limited to bright colors, wall signs, freestanding or monument signs, flags, whirl-a-gigs, pennants, streamers, banners, all of which are subject to the regulations set forth herein.

Murals, paintings, and similar pictorial displays that are an integral part of the architectural theme and are not intended to draw attention to any product, service, event, or entertainment are not considered signs.

Sign Area. The area included within the outer dimensions of a sign face display area including all portions not part of the necessary supporting structure.

Sign Corridor Overlay District. The businesses located within the Downtown Entertainment District and segments of Foothill Boulevard, A Street, B Street, Winton Avenue Jackson Street, Hesperian Boulevard, Industrial Parkway, Industrial Parkway SW, Harder Road, Tennyson Road and Winton Avenue as shown in Figure 1.

Sign Face. See "Copy".

Special Events Sign. Any sign advertising special temporary events, such as carnivals, festivals, exhibits, and parades, but not including promotional sales or Grand Opening signs.

Streamers. Long relatively narrow strips of any type material, resembling a banner that floats with the wind.

Subdivision Directional Sign (Off-Site). A sign containing only the name, location, and description of a subdivision and/or a multiple-family residential project and directions for reaching the project. Does not include pricing or financing advertisement. Allowed to remain for twelve (12) months after first installed or until last lot/unit is sold, whichever is first. See Section 10-7.603.

Substandard Sign. Any sign which does not meet the requirements of this article, or is not legally non-conforming as regulated by Section 10-7.700.

Temporary Sign. A sign which is displayed for less than sixty (60) calendar days per year. See also "Balloon," "Banner," "Pennants", "Promotional Events and Grand Opening Signs," "Special Event Sign," and "Streamers." See Section 10-7.600.

Theater Display Case. A display case located on the facade of a theater which displays handbills or posters advertising a scheduled event, performance or film, and merchandise associated with the theater or an event, performance or film. The total area of all theater display cases shall not be included in the calculation of allowable sign area. A theater display case shall not exceed thirty-six (36) square feet in area.

Towing Authorization-Private Property Sign. A sign that is posted on private property that authorizes the Hayward Police Department to issue a citation for violation of Hayward Traffic Code Section 8.14 or any amendment or replacement thereof to allow the towing of vehicles illegally parked on private property. This sign shall comply with Section 10-7.300(b)(25) and shall be inspected and approved by the City of Hayward Police Department.

A sign that is posted on private property that authorizes the Hayward Police Department to issue a citation for violation of Hayward Traffic Code Section 8.14 or any amendment or replacement thereof to allow the towing of vehicles illegally parked on private property. This sign shall comply with Section 10-7.300(b)(25) and shall be inspected and approved by the City of Hayward Police Department.

Under-Canopy Sign. A horizontal hanging sign that is pedestrian-oriented and is suspended beneath a canopy over a pedestrian walkway and not visible outside the canopy area. Usually installed perpendicular to a storefront, on per storefront, and usually not exceeding six square feet in area.

Vehicle Sign. Flat, one (1) dimensional signs painted or placed magnetically or otherwise attached (i.e., glue) on the side of vehicles as long as no other structural support is added to the vehicle, in accordance with California Department of Motor Vehicles regulations. Advertising on vehicles for sale at bona fide automobile dealerships are excluded from this definition. Maximum of two (2) signs is permitted per vehicle. A "vehicle wrap" covering both sides and the rear of the vehicle is considered one (1) sign.

Wall Sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the

sign is attached or by which it is supported. Does not extend above the building face or parapet, nor project more than twelve (12) inches from the wall.

Window Sign. A sign attached to, suspended behind, and/or placed less than twenty-four (24) inches inside a glass window or door of a building, or painted upon the window or glass door of a building, and which is intended for viewing from the exterior of such building. This excludes seasonal displays.

Window signs are allowed to cover a maximum of twenty-five (25) percent of the total window area in any zoning district.