Piedmont Municipal Code Div. 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:

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.

Construction sign means any sign displayed at a site under construction and providing information on contractors or professionals working on the project along with contact information for the contractors or professionals.

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

Nit means a measurement of brightness of light.

Noncommercial message means any message except for a commercial message.

Noncommercial sign means a sign including but not limited to a campaign sign, student graduation announcement, baby announcement, or non-profit group affiliation sign, that does not contain a commercial message.

Planning & Land Use 17- 42

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.

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.

Planning & Land Use 17- 43

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.

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, 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, roof, 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.

Planning & Land Use 17- 44

B. Exceptions.

1. Signs Posted by the City. The signs posted by the City of Piedmont are not subject to any permit requirements or design standards.
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, 801 Magnolia Avenue City Building, and Veterans’ Memorial Building.
   A group or individual hosting a permitted event in Piedmont Park, at the City-owned property at 801 Magnolia Avenue, 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 grounds of 801 Magnolia Avenue, on the grounds of the Veterans’ Memorial Building, or on the curbside strips adjacent to these properties as long as the sign does not impede pedestrian or vehicular traffic or otherwise constitute a safety hazard. The signs may be displayed 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.
4. Other public property. The Director of Public Works or the Director’s designee may display or cause the display of one or more signs in the following locations:
   a. Across Magnolia Avenue at the intersection of Highland Avenue and Magnolia Avenue. b. On the fence enclosing the Piedmont Corporation Yard. c. On backstops or fences within or surrounding Coaches Field, Beach Playfield, Hampton Field, Corey Reich Tennis Center, the City pool, and other City-owned recreation facilities. d. On bridge railings near Piedmont Community Hall.
5. Signs relating to City-supported events displayed in the public right-of-way. Each year, the City Council may consider and approve a list of City-supported events for signage display within the public right-of-way, subject to standards developed by the Director of Public Work or the Director’s designee to ensure safety of all users along the path of travel within the public right-of-way.
6. It is the City's intent that the locations listed in subsections 4 and 5 constitute non-public forums to promote City-supported community events benefiting the community and to provide the community with information, including noncommercial matters of general community interest. The Director of Public Works shall develop sign standards, including those for location and dimension. Signs placed in the locations specified in subsections 4 and 5 must be removed within 10 days following the conclusion of an event.

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.

Planning & Land Use 17- 45

2. Noncommercial signs. This division shall not prohibit owners or occupants of private property to post noncommercial signs on their property. Noncommercial signs placed on residential parcels shall comply with subsection B below. Noncommercial signs placed on nonresidential parcels shall comply with subsection C below. A noncommercial sign related to an event and posted on private property shall be removed no later than ten days after the event is completed. A noncommercial sign not related to an event and posted on private property shall be removed no later than six months from the day the sign was first posted.

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.

4. Construction signs. Construction signs with a maximum total size not exceeding 8 square feet each, are exempt from the regulations of this division. No freestanding construction sign shall exceed five feet in height. One construction sign is allowed per contractor or design professional for construction performed with a building permit. Construction signs shall not be erected until a building permit has been issued and shall be removed immediately following approval of a building permit final inspection or the expiration of a building permit, whichever comes first.

5. Prohibited signs. Unless otherwise exempt, the following signs and locations of signs are prohibited: i. A sign with lighting, colors, design or text that could be confused with a public traffic directional sign or traffic control device. ii. A roof sign, including a roof-mounted sign. iii. Balloon or similar inflated sign.
   iv. Commercial signs that are animated and/or moving or include an audio component, including mechanically or human powered or held signs within the public right-of- way or on private property, given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. v. Ground signs tethered to the ground and taller than 15 feet.

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.

Number Maximum of 5 Size Maximum of 4 square feet per sign Height Maximum (including frame) is 4 feet Location Street yard of a residential parcel, but not in the public right of way Lighting No illumination

Planning & Land Use 17- 46

2. Noncommercial window signs.

Number Maximum of 2 Size Maximum of 4 square feet per sign Location Street yard-facing windows

3. Noncommercial entryway signs.

Number Maximum of 2 Size Maximum of 1 square foot per sign Location Attached to the front door, front gate to the parcel, front porch, or entryway to the residence Lighting No illumination

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: 1. Signs Permitted as a Matter of Right.

a. Temporary freestanding signs. One 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 forty-eight 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, signs may cover a maximum of 25 percent of the total window area within a single window frame.

Planning & Land Use 17- 47

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 wall-mounted 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;

vi.
If illuminated, the sign shall be illuminated internally at the lowest level with adequate identification and readability. Digital signs shall not exceed a surface brightness of 5,000 nits when measured from the sign face at its maximum brightness during daylight hours and 100 nits from sunset to sunrise. Signs shall not have exposed fluorescent tubes or incandescent bulbs; and

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

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).

Planning & Land Use 17- 48

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 prior to the readoption of this code 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. An illegal sign includes, but not limited to:

1. A sign erected or displayed without a sign permit, unless the sign is exempt under the provisions of this division;
2. A sign prohibited under or violates the provisions of this division; or
3. A sign which is a danger to the public or which is unsafe.

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.

C.
Abatement of illegal signs on private property. Illegal signs on private property are considered a nuisance and shall be abated under the provisions of Piedmont City Code Chapter 6. (Ord. 779 N.S., 05/2025)

Planning & Land Use 17- 49