Division 17.36

SIGNS.

Sections:

• 17.36.010 Applicability; Definition

• 17.36.020 Purpose

• 17.36.030 Public property 17.36.040 Private property

17.36.050 Substitution of message

17.36.060 Nonconforming signs

• 17.36.070 Enforcement

A. Applicability. This division applies to any sign located on real property and visible to the public. This division does not apply to :

1. a sign held or otherwise mounted on a person;

2. a sign posted on the interior of a building or structure (except windows visible to the public);

3. a sign posted on property owned by the Piedmont Unified School District; or

4. any sign mandated, regulated, or expressly permitted by law including the City Code, permits issued by other public agencies, the California Building Code, and the California Manual on Uniform Traffic Control Devices.

No variance is authorized under this division.

B. Definitions. In this division:

Campaign sign means a sign that is designed to influence the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election.

Commercial message means a message by a speaker likely to be engaged in commerce targeting an audience of actual or potential customers where the content of the message is commercial in character.

Commercial sign means any sign containing a commercial message.

Director of Public Works means the Director or his or her designee.

Noncommercial message means any message except for a commercial message.

Noncommercial sign means a sign that does not contain a commercial message.

Nonresidential parcel means all parcels except for residential parcels.

Residential parcel means a parcel of real property containing a single-family residence, accessory structure or associated use, or a multi-family residential project.

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Sign means one or more visual figures, including but not limited to words, letters and numbers, other writings, designs, pictures and illustrations, or any combination of those, which are erected, placed on, fixed to, painted or represented on or above a building or structure, window, sidewalk, street or other way, on the ground or any part of a building or structure, or in any other manner so as to be visible to the public. Sign includes, but is not limited to, a banner, handbill, pennant, insignia, bulletin board, ground sign, billboard, poster, mural, electronic advertising and information device, illuminated sign, and marquee.

Temporary freestanding sign means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, supported by one or more upright poles or rock, block, A-frame, or masonry base in or upon the ground and not attached to a building.

The purposes and intent of this division is to:

A. regulate signs located on all real property in the City over which the City has zoning and land use regulatory power.

B. maintain and enhance the City’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination, and maintenance of signs.

C. serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists, and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage.

D. generally limit commercial signs to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

E. limit the size and number of signs to levels that reasonably allow for the identification of a residential, public, or commercial location and the nature of any such commercial business.

F. encourage signs that are appropriate for the property on which they are located and consistent with the permitted uses of that property.

G. minimize the possible adverse effects of signs on nearby public and private property, including sidewalks, streets, roads, and highways.

H. protect the investments in property and lifestyle quality made by persons who choose to live, work, or do business in the City.

I. protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information.

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• J. reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area, and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

K. regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

L. avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s building and electrical codes, while limiting the size and number of such signs so as to minimize visual clutter.

M. respect and protect the right of free speech by sign display, particularly the important role that campaign signs play in the political process, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

N. enable the fair, consistent, and efficient enforcement of the sign regulations of the City.

O. regulate signs in a constitutional manner, which is content neutral as to Noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion are to be exercised in light of this policy and consistent with the purposes and intent stated in this section.

P. recognize that properties owned by the Piedmont Unified School District serve many functions, including as places of learning, athletic venues, and community centers, and reserve for the Piedmont Unified School District the discretion to regulate the posting of signs on its properties in a manner that balances the need to maintain safe and aesthetically attractive facilities with the need to create environments that promote learning and foster civic engagement.

A. Prohibition. Except as permitted under section (B) below, no person may display a sign on public property or within the public right-of-way, including, but not limited to, a street, sidewalk, flight of stairs, pathway, lane, or alley. No person may paint, mark, or write on, or post or otherwise affix a sign to or on a street lamp post, hydrant, tree, shrub, tree stake, or guardrail, public utility structure or poll, wire system, street sign, traffic sign, traffic signal, wall, fence, or other structure located on public property or within the public right-of-way.

B. Exceptions.

1. City Buildings and Facilities. The Director of Public Works may approve the installation of a sign by the City on City-owned buildings and facilities located on City-owned property and within the public rights-of-way provided the sign conforms to the Piedmont Design Standards and Guidelines.

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2. Sidewalks. A temporary freestanding sign no larger than four square feet on a side (excluding the frame) may be placed on a City sidewalk or curbside planting strip on Saturdays and Sundays between 12 p.m. and 5 p.m., as long as the sign does not impede pedestrian or vehicular traffic or otherwise constitute a safety hazard.

3. Piedmont Park and Veterans' Memorial Building. A group or individual hosting a permitted event in Piedmont Park or at the Veterans' Memorial Building may place up to two temporary freestanding signs no larger than four square feet on a side (excluding the frame) in Piedmont Park, on the adjacent curbside strips, or on the exterior of the Veterans' Memorial Building during the permitted event and for a period not to exceed 2 hours before the start of the permitted event and 2 hours after the conclusion of the permitted event, as long as the sign does not impede pedestrian or vehicular traffic or otherwise constitute a safety hazard.

4. Other public property. The Director of Public Works may issue a sign permit to display a sign in the following locations:

• a. Across Magnolia Avenue at the intersection of Highland Avenue and Magnolia Avenue.

• b. On the fence outside of the Piedmont Corporation Yard.

• c. On backstops or fences within or surrounding Coaches Field, Beach Playfield, Hampton Field, Vista Street tennis courts, the City pool, and other City-owned recreation facilities.

It is the City's intent that these locations constitute a non-public forum to promote community events benefiting residents and provide residents with information on non-partisan or noncommercial matters of general community interest. Signs in these locations will serve to notify citizens and visitors of upcoming events that are (i) City-sponsored, (ii) City cosponsored, (iii) sponsored by any other local governmental or educational entity, (iv) sponsored by a local non-profit, or (v) sponsored by a local business. Signs in these locations must conform to the Piedmont Design Standards and Guidelines and the stated purpose of this division.

(Ord. 769 N.S., 10/2023)

• A. Generally

1. Consent required. The consent of the property owner or the person in control of the property is required before placing any sign on private property.

2. Campaign signs. This division shall not limit the right of owners or occupants of private property to post campaign signs on their property. Campaign signs placed on residential parcels shall comply with the same size, height, location, and lighting restrictions applicable to noncommercial signs placed on residential parcels. Campaign signs placed on nonresidential parcels shall comply with the same size, height, location, and lighting restrictions applicable to noncommercial signs placed on nonresidential parcels. Any person who posts a campaign sign on private property shall remove the campaign sign within ten days after the day of the election to which it pertains.

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3. Real estate signs. This division shall not limit the right of property owners or their agents to place real estate signs on their property pursuant to Civil Code § 713.

B. Residential parcels. No person may display a sign on a residential parcel (including contiguous property held by the same owner), unless the sign conforms to the following requirements:

1. Temporary freestanding noncommercial signs.

2. Noncommercial window signs.

3. Noncommercial entryway signs.

4. Multifamily developments. Notwithstanding subsections (1) and (2) above, the resident(s) of each unit of a multifamily development may display two noncommercial signs, not to exceed a total of four square feet in area per sign, in the windows of that unit. If the unit in a multifamily development includes a patio, deck, balcony, or other outdoor space in the exclusive possession of the resident(s) of that unit, the resident(s) may display up to two temporary freestanding noncommercial signs that satisfy the size, height, and lighting requirements of subsection (B)(1) of this section in that outdoor space. If the unit in a multifamily development includes a front gate to the unit, front porch, or entryway to the unit that is in the exclusive possession of the resident(s) of that unit, the resident(s) may display up to two noncommercial signs that satisfy the requirements of subsection (B)(3) of this section.

C. Private, Nonresidential Parcels. No person may display a sign on a nonresidential parcel, unless the sign conforms to the following requirements:

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1. Signs Permitted as a Matter of Right.

a. Temporary freestanding signs. One commercial or noncommercial temporary freestanding sign is permitted for each private nonresidential parcel that has frontage within forty feet of the curb line of a publicly-maintained street. The sign may be placed on private property, or within the first eighteen inches of any public property that is directly in front of the individual private nonresidential parcel. The sign may not exceed four square feet per side (excluding frame). A minimum passageway width of fortyeight inches must be maintained along the sidewalk in front of such sidewalk display sign. No temporary freestanding sign may be illuminated or placed outside a business during non-business hours.

b. Window signs. For each window on all private nonresidential parcels, commercial or noncommercial signs may cover a maximum of 25 percent of the total window area.

2. Design review.

a. General. Each sign other than a sign permitted as a matter of right requires a design review permit by the Planning Commission.

b. Application; Planning Commission review; Standards for approval. An applicant shall submit an application for sign design review permit and the Planning Commission shall hold a hearing on the application in accordance with the application, notice and hearing requirements and procedures set forth in section 17.66.050. The decision of the Planning Commission may be appealed to the City Council in accordance with the appeal procedures of division 17.78. The hearing body will not approve the design of signage on a private nonresidential parcel unless the sign conforms to the purpose of this division, as stated in section 17.36.020, and meets the following standards:

• i. Approval of the sign design review permit will not result in more than one sign per applicant for each building façade;

ii. Each sign shall be simple in design. Graphic depictions related to the nonresidential use are appropriate;

iii. Each sign shall be compatible in design, color and scale to the front of the building, adjoining structures and general surroundings;

• iv. The sign shall be oriented toward the pedestrian and vehicular traffic;

• v. The sign shall be constructed of sturdy materials; and

vi. The design of the sign is consistent with the City’s General Plan and Piedmont Design Standards and Guidelines.

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D. Mixed use developments. No person may display a sign on a mixed use development parcel, unless the sign conforms to the following requirements:

1. A sign displayed by owners and occupants of nonresidential portions of a mixed use development must comply with section 17.36.040(C).

2. Signs displayed by owners and occupants of residential portions of a mixed use development must comply with section 17.36.040(B). (Ord. 743 N.S., 05/2018)

A noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any approved sign allowed under this division. No special or additional approval from the City is required to substitute a noncommercial message for any other message on an allowable sign provided the sign design is already approved or exempt from the approval requirements of this division and no design, structural, or electrical changes are being made.

A permanently-located sign lawfully existing on November 3, 2010 is permitted without conforming to this division, except that if the sign is altered, relocated, partially demolished, or reconstructed, this division applies. Normal repairs and maintenance which do not change the location or appearance of the sign are permitted without requiring conformity.

A. Illegal sign. An illegal sign is a sign in violation of this division and constitutes a public nuisance.

B. Summary abatement. Upon the determination of the Director of Public Works that a sign placed on public property or within the right-of-way is unsafe or in violation of this division, the City may immediately remove and store the illegal sign without prior notice. The City shall immediately provide written notice of the removal to the owner and/or person responsible for placing the sign on public property or within the right-of-way, if known to the City. If the sign remains unclaimed for a period of fifteen days after removal, it will be deemed unclaimed personal property and may be disposed of by the City in accordance with applicable law. In the case of an unsafe or illegal sign removed by the City, the costs of such removal and storage will be borne by the owner and/or person responsible for placing the sign on public property or within the right-of-way, and may be collected by the City in the same manner as it collects any other debt or obligation. No sign that has been removed and stored by the City may be released until the costs of removal and storage have been paid. The determination by the Director of Public Works made under this subsection (B) and the costs of removal and storage of the sign may be appealed in accordance with Section 17.78 of the City code.

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