Milpitas Municipal Code Ch. C.8 Signs

The purpose of this Chapter is to provide regulation for all signs which are publicly displayed in the City. The regulations in this Chapter ensure that all signs installed in the City are compatible with the unique character and environment of the community and in compliance with the General Plan. The Chapter promotes public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

A. Ensure that all signs are compatible with the character of Milpitas and with its adopted plans, and that they support the desired ambience and development patterns of the community;

B. Protect and improve property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape;

C. Provide clear and unambiguous sign design standards that enable the fair and consistent enforcement of these sign regulations; and

D. Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;

E. Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage;

F. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained;

G. Ensure that the constitutionally guaranteed right of free speech is protected.

(Ord. No. 38.858, § 4, 9/2/25)

The regulations of this Chapter shall be applicable to all persons, businesses, and other enterprises seeking to erect or otherwise display a sign in Milpitas, and to all signs within Milpitas regardless of their nature or location, unless otherwise specifically exempted in Subsection C.8.020.G (Exempt Signs) or otherwise regulated through a Specific Plan.

A. Standards for Permanent Signs. Standards for permanent signs are found in Section C.8.050 (Standards for Permanent Signs).

B. Standards for Portable Signs and Temporary Signs. Standards for portable signs and temporary signs are found in Section C.8.070 (Standards for Portable Signs and Temporary Signs).

C. Content-Neutral Application. The provisions of this Chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this Chapter. "Non-communicative aspects" include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

D. Right-to-Picket. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

E. Substitutions and Interpretations.

1. This Chapter is not intended to, and does not, restrict speech on the basis of a sign's content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different non-commercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.

2. When there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situation, the Director shall interpret the intent of this Chapter.

3. An existing sign refinished for a use other than the original use shall be considered to be a new sign and is subject to the provisions of this Chapter.

4. All regulations included in this Chapter shall apply unless a Sign Program is approved; see Subsection C.8.030.C (Sign Programs). Approval of a Sign Program by the City may result in the application of alternative sign standards that supersede the requirements of this Chapter, except for matters of public safety.

F. Conflicting Regulations.

1. Exceptions to this Chapter may be made for signs subject to federal or state government regulations that may be in conflict with this Chapter.

2. No sign shall be constructed, erected, installed, or maintained in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities.

G. Exempt Signs. The following are not regulated under this Chapter, do not count toward the maximum total sign area, and do not require a Sign Permit:

1. Non-structural Modifications and Maintenance. A Sign Permit is not required for the following:

a. Changes to the changeable copy of a changeable copy sign; and

b. The normal repair and maintenance of conforming or legal nonconforming signs, except as identified in Subsection C.8.040.G (Sign Maintenance).

2. Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:

a. Numerals and letters identifying an address from the street to facilitate emergency response and when compliant with City requirements;

b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense;

c. Traffic signs erected and maintained by an authorized public agency;

d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance;

e. Signs directing the public to points of interest; and

f. Signs showing the location of public facilities.

3. Incidental Signs. Incidental signs located outside of public easements or right of way on private property no greater than a total of three square feet in sign area in all residential zones and six square feet in all other zones.

4. Signs Not Readable from the Public Right-of-Way. Signs not readable from the public right-of-way that meet at least one of the following:

a. Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building's exterior, except signs viewed from an alley.

b. Signs intended to be readable from within a parking area or public park but not readable beyond the boundaries of the lot or parcel upon which they are located or from a public right-of-way.

5. Signs Identifying Historic Buildings, Historic Plaques, and Commemorative Signs. Historic plaques, memorial signs, or tablets that are no more than two square feet in area that are:

a. Erected by recognized historical agencies;

b. Names of buildings and the date the building was erected when cut into a masonry surface; or

c. Constructed of bronze or other noncombustible letters and affixed flat against the wall of the building.

(Ord. No. 38.858, § 4, 9/2/25)

A. Relationship to Other Applicable Documents including Local and State Regulations. In addition to the provisions provided in this Chapter, other City and state regulations may apply depending on the specific sign type and/or its location. These other regulations include, but are not limited to:

1. California State Highway Code;

2. California Business and Professions Code;

3. California Civil Code;

4. Any applicable Specific Plan that includes sign standards and regulations in addition to those provided in this Chapter. If the Specific Plan does not include sign standards, the regulations of this Chapter shall prevail;

5. Uniform Building and National Electrical Codes when Building and Electrical Permits are required; and

6. Any other requirements of the Milpitas Municipal Code.

B. Sign Permits. The procedures and requirements for the preparation, filing, and processing of Sign Permits for permanent and temporary signs are provided in Section D.4.070 (Sign Permits).

C. Sign Programs. The procedures and requirements for the preparation, filing, and processing of Sign Programs are provided in Section D.4.080 (Sign Programs).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of these general regulations is to define the parameters for design, size, height, and location of signs. The requirements related to the number, design, type and size of signs outlined in this Chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance.

B. Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.

C. Prohibited Signs and General Restrictions for All Signs. The following signs, or signs which contain the following elements, are prohibited:

1. Location Restrictions. Signs may not be placed in the following locations, except where specifically authorized in this Chapter:

a. Architectural features. Locations where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature.

b. Accessory structures. Tacked, painted, pasted, or otherwise affixed, to the walls of any accessory structure, barn or shed, or on trees, poles, posts, fences, ladders, or other structures that are visible from or within a public way. Permanent signs may be attached to a fence or freestanding wall only when a monument or post sign is not present in the development and must be a maximum of three square feet in sign area.

c. Fuel tanks, storage containers, and solid waste receptacles. Painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer's or installer's identification, appropriate warning signs and placards, and information required by law.

d. Clearance from power lines. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California.

e. Exits and entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code or Fire Code (currently in effect).

f. Conflict with traffic signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device.

g. Intersections. Any sign erected or maintained at or near any street intersection that will obstruct the free and clear vision of drivers and pedestrians.

h. Obstruction of pedestrian ways. Any sign mounted or displayed in such a manner that impedes, obstructs, or creates hazards with respect to pedestrian traffic. A minimum unobstructed width of five feet must be maintained on sidewalks at all times.

i. Off-site. Not on the site or premises to which the sign refers, unless the property or business has no street frontage, in which case signs may be located on the nearest property with street frontage that is in front of or adjacent to the subject property with the written permission of the property owner. Off-site billboards designed consistent with Subsection C.8.050.D.2 (Billboard Sign) may be permitted with approval of a Major Sign Permit in compliance with Subsection D.4.070.D.1.b.

j. Right-of-way and public property. Signs located on public property and within the public right-of-way including any sign or handbill attached to a utility pole, street sign pole, or streetlight except those required or permitted by federal, state, or local law. Restrictions also apply to any sign attached to any public structure, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property. Exceptions include:

(i) Signs approved as part of a special event;

(ii) Banner signs permitted by the City on light poles within the right-of-way; and

(iii) Signs approved with an Encroachment Permit.

k. Easements. Signs located in public utility easements or other easements that would prohibit signage.

l. Vehicles. Signs mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business; however, vehicles must be operable, legally registered, and parked in a lawful or authorized manner within the confines of a striped parking space approved by the City, a residential driveway or residential street, or in a City street for more than 72 hours.

2. Display Restrictions.

a. Blinking, flashing lights. Any sign having blinking, flashing, or fluttering lights, or any other illuminating device which has a changing light intensity, brightness, or color is not allowed consistent with Subsection C.8.040.E (Sign Illumination), except for the following:

(i) Approved in accordance with Section C.8.050.D.2 (Billboard Sign); or

(ii) Approved in accordance with a Sign Program, in accordance with Section C.8.030.C (Sign Programs).

b. Devices affected by movement. Any sign animated by any means, including fixed aerial displays, airborne balloons, feather banners, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other devices affected by movement of the air or other atmospheric or mechanical means.

c. Exposed light source. Any sign with an exposed light source, except for neon or LED strip lights incorporated into the design of the sign.

d. Fluorescent colors. Any sign which uses fluorescent colors.

e. Reflective materials. Any sign using colors or materials with reflective properties.

f. Rotating signs. Any sign in which the sign body or any portion of the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction.

g. Sound, odors, visible matter, and motion picture projection. Any sign which emits sound, odor, smoke, laser light display, hologram lights, or other visible matter, including any sign that uses motion picture projection.

3. Prohibited Sign Types. See definitions in Chapter E.6 (Definitions of Sign Terms). The following sign types are prohibited:

a. Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold, except for a cultural resource designated in accordance with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program).

b. Any advertising sign that is placed on public property or on private property without the consent of the property owner or as authorized in this Title. Includes temporary signs illegally tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects.

c. Any sign erected upon a roof or roof-mounted equipment structure and any sign extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.

d. Sign walkers.

e. Signs which bear or contain statements, words, or pictures of an obscene nature.

f. Stuffed or inflated animals or characters used as signs.

4. Parking of Mobile Billboards Prohibited. No person shall park or convey any mobile billboard advertising display, as defined by California Vehicle Code section 395.5, upon any public street or public lands in the City.

a. Removal of mobile billboard advertising displays authorized. In accordance with California Vehicle Code section 22651(v) and (w), a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard, or anything the mobile billboard is attached to including a motor vehicle, located within the City limits when the mobile billboard is found upon any public street or any public lands, if all of the following requirements are satisfied:

(i) When a mobile billboard either standing alone or attached to a vehicle, device, or bicycle is parked or left standing in violation of this Title, and the registered owner of the vehicle, device, bicycle, or display was previously issued a warning notice or citation for the same offense;

(ii) A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the vehicle, device, bicycle, or display. In accordance with California Vehicle Code section 22651(v)(2) and (w)(2), the City is not required to provide further notice for a subsequent violation prior to enforcement; and

(iii) The warning notice or citation advised the registered owner of the vehicle, device, bicycle or display that they may be subject to penalties upon a subsequent violation of the Title that may include removal of the vehicle, device, bicycle, or display.

b. Permanent advertising signs excepted. In accordance with California Vehicle Code section 21100(o)(2) and (o)(3), this Section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied to a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

c. Post storage impound hearing. California Vehicle Code section 22852 applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference and provides, in summary, that whenever an authorized employee of the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity to for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided by under California Vehicle Code section 22852. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.

d. Violation penalties. A violation of this Section is a misdemeanor, punishable upon conviction by a fine of not less than $250.00, no more than $1,000.00, or by imprisonment in the Santa Clara County Jail for not more than six months, or by both fine and imprisonment. At the discretion of the Chief of Police to issue a citation for any violation of this Section, or the Milpitas City Attorney's Office, a violation of this Section may be an infraction enforced through the parking penalty process set forth in California Vehicle Code section 40200 et seq. or may be enforced as an administrative citation consistent with Milpitas Municipal Code Chapter I-21 (Administrative Citation).

D. Rules of Measurement.

1. Sign Area Measurement. Sign area is measured as follows:

a. Signs on background panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure C.8.040-1 (Signs on Background Panel).

FIGURE C.8.040-1: SIGNS ON BACKGROUND PANEL [Figure: FIGURE C.8.040-1: SIGNS ON BACKGROUND PANEL]

b. Signs with individual letters or symbols. Where the sign has individual letters or symbols mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured, or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure C.8.040.D-2 (Signs with Individual Letters). Where any individual type letters or symbols are separated by more than 36 inches from each other, those letters or symbols shall be calculated separately. The area of signs with individual letters or graphics shall be counted as 75 percent of the area enclosing the sign copy (i.e., sign area is determined as 75 percent of the total area enclosing all individual letters).

FIGURE C.8.040.D-2: SIGNS WITH INDIVIDUAL LETTERS [Figure: FIGURE C.8.040.D-2: SIGNS WITH INDIVIDUAL LETTERS]

c. Irregular shaped signs. Sign area for irregular shaped signs is determined by dividing the sign into squares, rectangles, triangles, circles, or arcs as shown in Figure C.8.040.D-3 (Irregular Shaped Signs).

FIGURE C.8.040.D-3: IRREGULAR SHAPED SIGNS [Figure: FIGURE C.8.040.D-3: IRREGULAR SHAPED SIGNS]

d. Multi-face signs. The sign area for multi-face signs, as shown in Figure C.8.040.D-4 (Multi-Face Signs), are measured as follows:

(i) Two-face signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.

(ii) Three- or four-face signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.

FIGURE C.8.040.D-4: MULTI-FACE SIGNS [Figure: FIGURE C.8.040.D-4: MULTI-FACE SIGNS]

2. Sign Height Measurement. Sign height is measured as follows:

a. Freestanding signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign, as shown in Figure C.8.040.D-5 (Freestanding Sign Height), except that height is measured from a warped plane parallel to natural grade in the "H" Hillside Combining District.

FIGURE C.8.040.D-5: FREESTANDING SIGN HEIGHT [Figure: FIGURE C.8.040.D-5: FREESTANDING SIGN HEIGHT]

(i) Higher than adjacent grade. Where the grade at the base of a sign is higher than the grade of the adjacent road right-of-way, sign height is measured from the base of the sign, as shown in Figure C.8.040.D-6 (Freestanding Sign, Higher than Adjacent Grade).

FIGURE C.8.040.D-6: FREESTANDING SIGN, HIGHER THAN ADJACENT GRADE [Figure: FIGURE C.8.040.D-6: FREESTANDING SIGN, HIGHER THAN ADJACENT GRADE]

(ii) Lower than adjacent grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right-of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure C.8.040.D-7 (Freestanding Sign, Lower than Adjacent Grade). The portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign's overall height.

FIGURE C.8.040.D-7: FREESTANDING SIGN, LOWER THAN ADJACENT GRADE [Figure: FIGURE C.8.040.D-7: FREESTANDING SIGN, LOWER THAN ADJACENT GRADE]

b. Wall Signs. The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign structure, as shown in Figure C.8.040.D-8 (Wall Sign Height).

FIGURE C.8.040.D-8: WALL SIGN HEIGHT [Figure: FIGURE C.8.040.D-8: WALL SIGN HEIGHT]

E. Sign Illumination.

1. Internal Illumination.

a. Internally illuminated signs include single- and multi-color LED signs, signs constructed with pan channel letters or reverse pan channel letters (i.e., indirect halo illuminated channel letters) on an unlit or otherwise indistinguishable background on a freestanding sign or wall.

b. Internally illuminated signs must only be illuminated with steady, light sources that give no illusion of movement.

2. External Illumination.

a. Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

b. The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties as illustrated in Figure C.8.040.E-1 (External Illumination).

FIGURE C.8.040.E-1: EXTERNAL ILLUMINATION [Figure: FIGURE C.8.040.E-1: EXTERNAL ILLUMINATION]

3. Single- or Multi-color LED Signs.

a. Single- or multi-color LED signs are only allowed in commercial, industrial, and mixed-use zones.

b. Single- or multi-color LED signs are exempt from the sign area limitations for window signs.

c. Single- or multi-color LED signs are included in the total sign area for wall and monument signs.

d. Any individual single- or multi-color LED sign must not exceed two square feet in area and must be maximum four square feet in total.

e. Single-color or two-color LED signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

4. Neon.

a. Exposed neon sign lighting on permanent signs are only allowed in commercial, industrial, and mixed-use zones.

b. Each business is only allowed one neon sign and it must be placed on the primary frontage of the building.

c. Neon is allowed on no more than 25 percent of the total sign area of a permanent building mounted sign.

d. Neon signs placed in a window are included in the total sign area limitations for all window signs.

e. Neon signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

5. Electronic Message Signs.

a. One electronic message sign may be allowed subject to approval of a Major Sign Permit as an integral component of a freestanding sign or wall sign per lot or site for mixed-use and non-residential uses in all commercial, mixed use, and industrial zones and in the Institutional (I) Zone.

b. Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion).

c. Electronic message signs may display changing messages provided that each message is displayed for no less than 15 seconds.

d. Night-time brightness.

(i) Automatic control. Electronic message signs must be equipped with photocell technology to control and vary the intensity of light output depending on the amount of ambient light that is present to prevent overly bright luminance at night. Automatic controls must limit night luminance to a maximum of 100 nits when the display is set to show maximum brightness in 100 percent full white mode.

(ii) Manufacturer certification. The applicant shall include with the Building Permit application a written certification from the sign manufacturer that the night-time luminance has been factory pre-set not to exceed the standard in Subsection C.8.040.E.5.d.i (Automatic control), and that this setting is protected from end-user modification by password-protected software or another method as deemed appropriate by the Building Official.

e. Electronic message signs must be set to a maximum lighting intensity of 0.6 foot-candles as measured using a foot-candle meter placed 100 feet from the sign. Each sign shall have a redundant system for controlling sign brightness, including an automatic light sensing device or photocell that will adjust the brightness as ambient light conditions change, and a backup system based on local sunrise and sunset times.

f. Electronic message signs shall be located within five feet of the principal building wall.

F. Sign Structure and Installation.

1. The installation of signs shall be enforced and administered by the Building Official. All signs and sign structures must be designed to comply with the provisions of this Chapter; the provisions of the California Title 24 Building and Electrical Codes; and constructed to withstand wind loads, dead loads, and lateral forces.

2. Signs shall be designed so that the support frameworks for the sign are an integral part of the design of the sign or within the structure of the building to which it is attached in such a manner as to not be visible. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible.

3. Where electrical service is provided to freestanding signs, the electrical service shall be placed underground and concealed. Electrical service to building mounted signs, including conduit, transformers, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit or Electrical Permit shall be issued prior to installation of any new signs requiring electrical service.

4. Raceway cabinets, as illustrated in Figure C.8.040.F-1 (Raceway), may only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway cabinet must not extend in width and height beyond the area of the sign and must match the color of the building to which it is attached. Where a raceway cabinet provides a contrast background to sign copy, the colored area is counted in the total allowable sign area allowed for the site or business.

FIGURE C.8.040.F-1: RACEWAY [Figure: FIGURE C.8.040.F-1: RACEWAY]

5. All permanent signs allowed by this Chapter shall be constructed of durable, impact-resistant materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

G. Sign Maintenance.

1. All signs must be maintained by the property owner, tenant, or permittee. In the event a sign becomes derelict for reasons of lack of maintenance the Sign Permit may be revoked and the sign subject to abatement.

2. Repainting or cleaning a sign does not require a Sign Permit unless a structural change is made, in which case a Minor Sign Permit application shall be completed and submitted to the Director in compliance with the provisions of Section D.4.070 (Sign Permits).

3. All signs, together with their supports and appurtenances, shall be maintained in good structural condition, in compliance with applicable building and electrical codes, and in conformance with this Chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the Sign Permit issued for its installation and the provisions of this Chapter.

4. All signs and supporting structures shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted and clean. The immediate surrounding premises shall be maintained free of weeds and rubbish. The Director is authorized to order the painting, cleaning, or repair of signs which become dilapidated and the cleaning of the immediate premises. The maintenance shall be completed within 30 days of receiving written notice.

5. Required landscaped areas around signs shall be maintained consistent with C.4.050.I (Maintenance).

6. The Building Official has the authority to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Chapter.

7. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Director may order the removal of any sign that is determined to be in disrepair or dangerous.

(Ord. No. 38.858, § 4, 9/2/25)

A. Applicability.

1. This Section establishes standards for permanent signs.

2. Table C.8.050-A (Allowed Permanent Sign Types by Zone) establishes which permanent sign types are allowed in each zone. Any combination of allowed sign types may be used within a given zone unless specifically prohibited.

3. Table C.8.050-B (Maximum Total Permanent Sign Area) establishes maximum allowed total sign area per lot based on zones. Subsection C.8.050.D (Standards for Specific Permanent Signs) provides the standards and supporting illustrations for allowed sign types.

4. A sign type not specifically included in this Section may be allowed by the Director provided the sign meets the intent of the zone in which it is proposed and all applicable sign standards.

B. Allowed Permanent Sign Types by Zone. Table C.8.050-A (Allowed Permanent Sign Types by Zone) establishes which sign types are allowed in each zone category. Refer to Section B.2.020 (Zones Established) for specific zones within each zone category.

Table C.8.050-A: Allowed Permanent Sign Types by Zone

• = permitted / - = not permitted

C. Maximum Total Permanent Sign Area. Table C.8.050-B (Maximum Total Permanent Sign Area) provides standards for total allowable permanent sign area per lot by zone. See Subsection C.8.050.D (Standards for Specific Permanent Signs) for additional standards.

Table C.8.050-B: Maximum Total Permanent Sign Area Per Lot

sf = square feet / lf = linear feet

Table Notes:

1 See Section C.8.050.D (Standards for Specific Permanent Signs) for which signs are counted or not counted toward the total sign area.

2 Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be considered public street frontage for purposes of sign area calculations.

3 At the applicant's discretion.

4 For a 30-acre or larger commercial site with gross building area of at least 1,000,000 sf, private streets that delineate separate parcels within the site may be used instead of its public street frontage (or applicable building perimeter formula) for calculating total allowed sign area.

D. Standards for Specific Permanent Signs. In addition to the standards in Table C.8.050-B (Maximum Total Permanent Sign Area), permanent signs must comply with the specific standards provided in this Subsection as applicable to each sign type.

1. Awning Signs. Awning signs must comply with the standards provided in Table C.8.050-C (Standards for Awning Signs).

Table C.8.050-C: Standards for Awning Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

2. Billboard Signs. Billboard signs must comply with the standards provided in Table C.8.050-D (Standards for Billboard Signs).

Table C.8.050-D: Standards for Billboard Signs

sf = square feet / lf = linear feet

Table Notes:

1 Not included in the total allowable sign area for all permanent signs.

2 Ancillary fixed signs or logos may be permitted on the sign's supporting structure and are not counted towards the maximum sign area.

3 Illumination shall be considered vision impairing when its brilliance exceeds standards in California Vehicle Code § 21466, or any successor statue or California Department of Transportation regulations.

3. Blade Signs. Blade signs must comply with the standards provided in Table C.8.050-E (Standards for Blade Signs).

Table C.8.050-E: Standards for Blade Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

4. Canopy Signs. Canopy signs must comply with the standards provided in Table C.8.050-F (Standards for Canopy Signs).

Table C.8.050-F: Standards for Canopy Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

5. Directional Signs. Directional signs must comply with the standards provided in Table C.8.050-G (Standards for Directional Signs).

Table C.8.050-G: Standards for Directional Signs

sf = square feet / lf = linear feet

Table Notes:

1 Not included in the total allowable sign area for all permanent signs.

6. Directory Signs. Directory signs must comply with the standards provided in Table C.8.050-H (Standards for Directory Signs).

Table C.8.050-H: Standards for Directory Signs

sf = square feet / lf = linear feet

Table Notes:

1 Not included in the total allowable sign area for all permanent signs.

7. Monument Signs. Monument signs must comply with the standards provided in Table C.8.050-I (Standards for Monument Signs).

Table C.8.050-I: Standards for Monument Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

2 The following exceptions to these standards may be allowed with Planning Commission approval of a Sign Program:

• For a 5-acre or larger site with 5 or more businesses, an additional monument sign may be allowed that is up to 300 sf and 45 ft in height.

• For a 30-acre or larger commercial development site with gross building area of at least 200,000 sf, an additional monument sign may be allowed that is up to 450 sf and 60 ft in height. One off-site sign may also be allowed subject to issuance of an Encroachment Permit and/or private property owner approval.

• For a 30-acre or larger commercial site with gross building area of at least 1,000,000 sf, two off-site signs may be allowed subject to issuance of an Encroachment Permit and/or private property owner approval; electronic message signs may be allowed on the monument sign(s); and signs that have the illusion of movement may be allowed for tenants with at least 40,000 sf of leasable floor area.

• Additional monument signs in each of the following Town Center subareas: Beresford Square, Shapell Office Building, Main Town Center shopping area (east of Milpitas Boulevard to Hillview Drive), and hotel and offices east of Berryessa Creek.

8. Post Signs. Post signs must comply with the standards provided in Table C.8.050-J (Standards for Post Signs).

Table C.8.050-J: Standards for Post Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

9. Projecting Signs. Projecting signs must comply with the standards provided in Table C.8.050-K (Standards for Projecting Signs).

Table C.8.050-K: Standards for Projecting Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

10. Service Station Island Canopy Signs. Service station island canopy signs must comply with the standards provided in Table C.8.050-L (Standards for Service Station Island Canopy Signs).

Table C.8.050-L: Standards for Service Station Island Canopy Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

11. Wall Signs. Wall signs must comply with the standards provided in Table C.8.050-M (Standards for Wall Signs).

Table C.8.050-M: Standards for Wall Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

12. Window Signs, Permanent. Permanent window signs must comply with the standards provided in Table C.8.050-N (Standards for Window Signs, Permanent).

Table C.8.050-N: Standards for Window Signs, Permanent

sf = square feet / lf = linear feet

Table Notes:

1 Not included in the total allowable sign area for all permanent signs.

(Ord. No. 38.858, § 4, 9/2/25)

A. Applicability. The standards established in this Section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section C.8.050 (Standards for Permanent Signs). These standards shall be utilized by the Review Authority when considering the appropriateness of the design of a proposed sign as provided in this Chapter.

B. General Sign Design Standards. These general sign design standards will be utilized during the review of any application for a Sign Permit or Sign Program to ensure the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the sign designer.

1. Use a Brief Message. Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.

2. Avoid Overly Intricate or Unusual Fonts. Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively. Signs with unusual fonts may look good today, but soon go out of style, and the image conveyed may quickly become that of a dated and unfashionable business.

FIGURE C.8.060-1: EXAMPLES OF SIGNS WITH A BRIEF MESSAGE AND SIMPLE FONT STYLE [Figure: FIGURE C.8.060-1: EXAMPLES OF SIGNS WITH A BRIEF MESSAGE AND SIMPLE FONT STYLE]

3. Emphasize One Line of Text. Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.

4. Limit the Number of Fonts to Two. The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.

5. Provide Contrast Between Background and Letters/Symbols. Signs must be designed with high contrast between the sign's letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/symbol colors are difficult to read.

FIGURE C.8.060-2: EXAMPLES OF SIGNS WITH A SIMPLE COLOR PALETTE, LIMITED FONTS, AND GOOD CONTRAST [Figure: FIGURE C.8.060-2: EXAMPLES OF SIGNS WITH A SIMPLE COLOR PALETTE, LIMITED FONTS, AND GOOD CONTRAST]

6. Graphic Relief. Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three-dimensional relief, i.e., be raised above, or set below the sign background.

FIGURE C.8.060-3: EXAMPLES OF RAISED LETTERS [Figure: FIGURE C.8.060-3: EXAMPLES OF RAISED LETTERS]

7. Proportion, Scale and Rhythm of Sign Placement. Signs must be sized and placed in a manner consistent with the proportions and scale of building elements within a building's facade:

a. A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion of if placed above a small storefront.

b. Signs should establish rhythm, scale, and proportion on a facade where these elements are weak in the building design. On buildings with a plain facade, signs should establish or continue appropriate design rhythm, proportion, and scale.

c. The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign's background area. Signs where the letters take up too much of the background area are harder to read. Generally, large letters are not necessarily more legible than smaller ones.

FIGURE C.8.060-4: EXAMPLES OF SIGNS WITH GOOD PROPORTION, SCALE, AND RHYTHM [Figure: FIGURE C.8.060-4: EXAMPLES OF SIGNS WITH GOOD PROPORTION, SCALE, AND RHYTHM]

8. Complementary Sign Design. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:

a. Type of construction materials used in the sign body, sign copy, sign base, supports, etc.);

b. Letter size and style of copy;

c. Method and design of sign support (wall mounting or monument base);

d. Configuration of sign area; and

e. Proportion of sign copy area to background.

9. Artistry and Innovation. The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.

10. Sign Scale. Signs must be designed and placed relative to the typical position and distance from which the sign is viewed. Signs intended to be read by pedestrians (i.e., usually read from a distance of 15 to 20 feet) must be smaller in scale than a vehicle-oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign's viewing distance, the smaller the sign needs to be.

11. Freestanding Signs. Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The Council finds that the proliferation of portable signs and temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. In addition to the purpose provisions of Section C.8.040 (General Standards for All Signs), these regulations ensure that portable signs and temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by these signs.

B. Allowed Portable Sign and Temporary Sign Types by Zone. Table C.8.070-A (Allowed Portable Signs and Temporary Sign Types by Zone) establishes which sign types are allowed in each zone category. Refer to Section B.2.020 (Zones Established) for specific zones within each zone category.

Table C.8.070-A: Allowed Portable Sign and Temporary Sign Types by Zone

C. General to All Portable Signs and Temporary Signs. Portable signs and temporary signs are allowed only in compliance with the provisions of this Section.

1. Information Required for Display. All portable signs and temporary signs are required to display the name and address of the entity placing the sign and the date the sign was erected.

2. Permits.

a. Portable signs. No permits are required to place or display portable signs.

b. Temporary signs. A Temporary Sign Permit is required for all temporary signs. See Section D.4.090 (Temporary Sign Permits).

3. General Time, Place, and Manner Restrictions.

a. Time restrictions.

(i) Portable signs. Refer to Table C.8.070-B (Standards for All Portable Signs) for the time restrictions for portable signs.

(ii) Temporary signs. Refer to Table C.8.070-F (Standards for All Temporary Signs) for the time restrictions for temporary signs.

b. Location restrictions. Portable signs and temporary signs must be placed in compliance with Subsection C.8.070.B (Allowed Portable Sign and Temporary Sign Types by Zone) and C.8.040.C.1 (Location Restrictions) unless otherwise exempted by this Section.

c. Prohibited elements.

(i) Illumination. Any form of illumination, including flashing, blinking, or rotating lights; animation; reflective materials;

(ii) Movement. Any form of rotation, movement, or moving elements of the sign except for the limited movement from the hanging sign on a Yard Sign, Type II; and

(iii) Attachments. Attachments including but not limited to balloons, flags, ribbons, loudspeakers, etc.

d. Design and construction. Portable signs and temporary signs must be of sufficient weight and durability to withstand rain, wind gusts, storms, etc. and must be professionally crafted.

e. Removal.

(i) Portable signs. All portable signs must be removed within 14 calendar days after the conclusion of the purpose served by the sign.

(ii) Temporary signs. All temporary signs must be removed within 14 calendar days after the conclusion of the purpose served by the sign or within 45 calendar days after they are placed, erected, or installed, whichever comes first. In no case shall a temporary sign be allowed more than twice per year.

D. Standards for All Portable Signs. Portable signs are allowed in compliance with the provisions in Table C.8.070-B (Standards for All Portable Signs).

Table C.8.070-B: Standards for All Portable Signs

sf = square feet / lf = linear feet

E. Standards for Specific Portable Signs. Portable signs must comply with the following provisions.

1. A-Frame or Upright Signs. A-Frame or Upright signs must comply with the standards provided in Table C.8.070-C (Standards for A-Frame or Upright Signs).

Table C.8.070-C: Standards for A-Frame or Upright Signs

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all portable signs. See Table C.8.070-B (Standards for All Portable Signs).

2. Political Signs. Political signs are a necessary part of our political life before an election. After the election is over, political signs become litter, create a health and safety problem, and encourage blight. The City finds and determines that because of the unique nature of political signs, including the frequently short-term nature of the campaigns, committees, and other groups and organizations responsible for these signs, it is necessary and proper to enact regulations to ensure that responsible parties orderly and timely remove these signs after they have served their useful purpose. It is the purpose of these regulations to provide for the prompt removal of these signs after an election.

a. Application. A "political sign" to which these regulations apply means a portable sign that is designed or designated to influence the action of voters in an upcoming election, including the election or defeat of a candidate for nomination or election to any public office or a recall, referendum, initiative, proposition, measure, or other item appearing on the ballot at any national, state, district, or local election.

b. Regulations. Except as otherwise specifically exempted in Subsection C.8.020.G (Exempt Signs), political signs and persons or groups erecting or distributing political signs for erection shall meet the following requirements:

(i) Scope of regulations. Nothing contained in these regulations shall be construed to regulate the content of any political sign.

(ii) Application of other regulations. Political signs shall be permitted in any zone on private property without a permit. Political signs shall not be included in the maximum sign area or number of signs permitted for any site or use. Otherwise, political signs must comply with all the provisions of this Chapter and all other applicable laws, including:

(a) Location. Political signs must be located in conformity with Subsection C.8.040.C.1 (Location Restrictions), including by being located off public property, outside the public right-of-way, and unattached to a utility pole, street sign pole, or streetlight or any public structure, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property.

(b) Required information. As with all portable signs, political signs must display the name and address of the entity placing the sign and the date the sign was erected. See Subsection C.8.070.C.1 (Information Required for Display).

(c) Sign standards. Political signs must comply with all standards applicable to portable signs, including sign size, location, placement, and any prohibition applicable by sign type. See Section C.8.070 (Standards for Portable Signs and Temporary Signs).

(iii) Notification procedures. Any person or group erecting political signs or distributing political signs for erecting shall provide the Milpitas City Clerk a notice in writing, either by registered mail or in person, including the name, mailing address, e-mail address and telephone number of the person or group responsible for erecting, distributing, and removing the political sign. The notice shall be provided prior to erecting or distributing any political signs. Failure to provide this notice shall not relieve the person or group from their other responsibilities under these regulations. Notifications from the City as required under these regulations may be sent to the responsible person or group by regular or electronic mail to any address so provided or, if no notice was provided, to any current address as is known to the City Manager through the records of any City department.

(iv) Removal. All political signs shall be removed within 14 days following the election or elections to which the political sign pertains. Any political sign that is not removed within this time period is declared a public nuisance. No notice need be given by the City to remove or otherwise summarily abate a political sign that is not removed within this time period, including notice to the responsible person or group who erected or distribute the sign.

(v) Responsibility for failure to remove. The responsibility for timely removal of political signs in the first instance shall be that of the person or group that erected the political sign and/or distributed the political sign for erecting, including at a minimum the person or group identified in the notice given pursuant to Subsection C.8.070.E.2.b.iii (Notification Procedures). If the responsible person or group fails to remove any political sign, the owner of the land shall be additionally responsible for its removal provided the owner shall be given 14 days' prior notice in writing by the City to remove said sign. Notice hereunder shall be given personally, by regular mail addressed to the owner of the land as shown on the last equalized assessment roll of the County of Santa Clara, or by conspicuous posting on the premises on or near the political sign. In the exercise of the remedies provided by law or by this Chapter or Title, City shall not be required to proceed against the property owner before proceeding against the responsible person or group nor shall it be required to proceed against the person or group as a condition to proceeding against the landowner. Nor shall the City be required to proceed against either the property owner or the responsible person or group prior to summarily abating the nuisance.

c. Remedies. Without limitation to the remedies authorized by law or by this Title or Code for the enforcement of this Chapter, City may exercise one or more of the following remedies for violation of these regulations, which shall be cumulative to all other remedies:

(i) Immediately enter on vacant or public property and summarily abate the nuisance.

(ii) Immediately enter on occupied property with the consent of the owner or any occupant thereof and summarily abate the nuisance.

(iii) After sending a landowner or a person or group erecting political signs or distributing political signs a 14-day prior notice through regular or electronic mail, the City may remove any sign in violation of these regulations, including Subsection C.8.070.E.2.b.iv (Removal), and shall charge a fee of $25.00 per sign for the reasonable cost of abatement. The $25.00 fee shall also be assessed against a person or group erecting political signs or distributing political signs for all signs removed by City staff which are installed or posted contrary to the provisions set forth in Subsection C.8.040.C.1 (Location Restrictions) or Section C.8.070 (Standards for Portable Signs and Temporary Signs). The City shall demand payment for the cost of abatement from the responsible person or group or the owner of land or both and institute legal proceedings for the collection thereof.

(iv) Abate the nuisance pursuant to Section D.18.080 (Abatement Procedure) and impose a charge therefore on the land for the actual cost of abatement pursuant to Section D.18.100 (Lien Procedure).

(v) Institute a civil action for abatement of the nuisance, including collection of the actual cost of abatement, fees, and reasonable costs.

(vi) Institute a criminal proceeding against candidate or landowner, or both, for violation of the provisions of this Chapter, including restitution for the actual cost of abatement, fees, and reasonable costs.

d. Abated sign materials. Materials from signs abated under this Chapter shall be disposed of as rubbish by the official abating said signs.

3. Window Signs, Temporary. Temporary window signs must comply with the standards provided in Table C.8.070-D (Standards for Window Signs, Temporary).

Table C.8.070-D: Standards for Window Signs, Temporary

sf = square feet / lf = linear feet

Table Notes:

1 Not included in the total allowable sign area for all portable signs.

4. Yard Signs, Type I. Type I yard signs must comply with the standards provided in Table C.8.070-E (Standards for Yard Signs, Type I).

Table C.8.070-E: Standards for Yard Signs, Type I

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all portable signs. See Table C.8.070-B (Standards for All Portable Signs).

F. Standards for All Temporary Signs. Temporary signs are allowed in compliance with the provisions in Table C.8.070-F (Standards for All Temporary Signs).

Table C.8.070-F: Standards for All Temporary Signs

sf = square feet / lf = linear feet

G. Standards for Specific Temporary Signs. Temporary signs must comply with the following provisions.

1. Balloon Signs. Balloon signs must comply with the standards provided in Table C.8.070-G (Standards for Balloon Signs).

Table C.8.070-G: Standards for Balloon Signs 1

sf = square feet / lf = linear feet

Table Notes:

1 Not permitted in residential zones. These regulations do not apply to balloons used in residential areas for noncommercial purposes.

2 Not included in the total allowable sign area for all temporary signs.

2. Banner Signs. Banner signs must comply with the standards provided in Table C.8.070-H (Standards for Banner Signs).

Table C.8.070-H: Standards for Banner Signs 1

sf = square feet / lf = linear feet

Table Notes:

1 Not permitted in residential zones.

2 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

3. Yard Signs, Type II. Type II yard signs must comply with the standards provided in Table C.8.070-I (Standards for Yard Signs, Type II).

Table C.8.070-I: Standards for Yard Sign, Type II

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

4. Yard Signs, Type III. Type III yard signs must comply with the standards provided in Table C.8.070-J (Standards for Yard Signs, Type III).

Table C.8.070-J Standards for Yard Sign, Type III

sf = square feet / lf = linear feet

Table Notes:

1 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

(Ord. No. 38.858, § 4, 9/2/25)

The following provisions shall apply to all nonconforming building mounted or freestanding permanent signs:

A. Abandonment, Destruction, or Discontinuance. Any nonconforming sign that is abandoned, destroyed to less than one-half of the value as determined by the Building Official, or discontinued for a period of six months or more shall be removed by the owner of the property on which the sign is located. A designated cultural resource consistent with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program) is exempt.

B. Enlargement, Alteration, Reconstruction, or Replacement.

1. No nonconforming sign or billboard shall be enlarged, altered, reconstructed, or replaced except for reasonable repair or maintenance, including structural alterations required by law to ensure the public's health, welfare, and safety.

2. A nonconforming sign may be enlarged, altered, reconstructed, replaced, or moved only in compliance with all the requirements of this Chapter.

(Ord. No. 38.858, § 4, 9/2/25)

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain, or use a sign within the City contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the enforcement provisions of Chapter D.18 (Enforcement and Penalty).

(Ord. No. 38.858, § 4, 9/2/25)

If any section, sentence, clause, phrase, word, portion, or provision of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

(Ord. No. 38.858, § 4, 9/2/25)