Chapter 23.02

GENERAL PROVISIONS

Parts:

1 Definitions 2 General Provisions 3 Legal Nonconforming Signs 4 Permits and Procedures

23.02.155 Entryway sign.

23.02.160 Erection of a sign.

23.02.170 Expansion of a sign.

23.02.180 External lighting.

23.02.190 Fin sign.

Sections:

Part 1

DEFINITIONS

23.02.200 Flag.

23.02.210 Flat-mounted sign.

23.02.215 Flat roof-top sign.

23.02.220 Footprint.

23.02.010 Definitions govern. 23.02.015 Airport influence area. 23.02.020 Airport parcel. 23.02.030 Alteration of a sign. 23.02.040 Animated sign. 23.02.043 Arcade sign. 23.02.045 Architectural sign. 23.02.047 Architectural sign cluster. 23.02.050 Area of sign. 23.02.053 Assembly space. 23.02.060 Attached sign. 23.02.070 Awning sign. 23.02.080 Banner sign; banner. 23.02.090 Billboard. 23.02.094 Business center site. 23.02.096 Business center sign. 23.02.100 Cable-hung banner. 23.02.102 Commercial speech. 23.02.104 Commercial speech, off-site. 23.02.106 Commercial speech, on-site. 23.02.110 Construction sign. 23.02.120 Continuous lighting. 23.02.125 Corner building, shopping center site. 23.02.130 Corner parcel.

23.02.230 Freestanding sign.

23.02.231 Freeway.

23.02.232 Freeway frontage.

23.02.233 Freeway travel lane. 23.02.236 Freeway sign. 23.02.238 Garage, public parking. 23.02.240 Grade. 23.02.250 Halolit; halolighting. 23.02.253 Historic landmark building. 23.02.255 Historic sign. 23.02.260 Illegal sign. 23.02.265 Inflatable or balloon sign. 23.02.270 Internal lighting. 23.02.276 Large downtown convention. 23.02.277 Large downtown special event. 23.02.278 Large event. 23.02.280 Light source. 23.02.290 Lightbox; lightbox sign. 23.02.300 Marquee. 23.02.310 Master sign program. 23.02.320 Mechanical movement sign. 23.02.330 Message surface. 23.02.340 Monument sign. 23.02.350 Neon tube lighting.

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§ 23.02.010

• 23.02.367 Outdoor stadium space, large.

• 23.02.370 Parapet.

• 23.02.380 Parcel.

• 23.02.382 Parking garage.

• 23.02.383 Peak room nights.

• 23.02.385 Pedestrian wayfinding sign.

• 23.02.527 Super graphic sign.

• 23.02.530 Supporting structure.

• 23.02.540 Temporary sign.

• 23.02.550 Time and temperature sign.

• 23.02.560 Traffic control device.

• 23.02.600 Window sign.

• 23.02.390 Portable sign.

• 23.02.400 Porte-cochere.

• 23.02.410 Programmable electronic sign.

• 23.02.415 Programmable display kiosk sign.

• 23.02.417 Projected light sign.

• 23.02.420 Projecting sign.

• 23.02.424 Public entryway; public entryway width.

• 23.02.430 Public information sign.

• 23.02.440 Public right-of-way.

• 23.02.445 Public property.

• A. Except where the context otherwise requires, the definitions set forth in this part shall govern the construction of the provisions of this Title 23.

• B. Where a word or phrase is not defined in this part, but is defined in Chapter 20.200 of Title 20 of this Code, the definitions set forth in Chapter 20.200 shall govern the construction of the provisions of this title, except where the context otherwise requires.

(Ords. 24201, 29558.)

• 23.02.450 Reconstruction of a sign.

• 23.02.460 Relocation of a sign.

• 23.02.470 Roof sign.

• 23.02.480 Safety or directional sign.

• 23.02.485 Scoreboard sign.

• 23.02.493 Service station canopy; canopy sign.

• 23.02.505 Sign ordinance.

23.02.510 Skyline sign.

• 23.02.517 Special sign zone.

23.02.520 Street frontage.

"Airport influence area" means an area designated as an airport influence area in the Envision San José General Plan 2040 or subsequent equivalent document. (Ord. 29529.)

"Airport parcel" means a unit of land located in the airport sign zone and leased to a tenant on an exclusive basis. All other land within the airport sign zone is considered to be one parcel for purposes of this title only. (Ord. 24201.)

"Alteration of a sign" means any change in the sign other than a change in the message. (Ord. 24201.)

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SIGNS

§ 23.02.080

"Animated sign" means a sign having action, motion, movement, changeable copy, or flashing color changes that are activated by electrical energy, electronic energy or other manufactured sources of energy supply, but not including wind-activated movement such as in flags, banners or pennants, or mechanical movement signs. Animated signs include grids of flashing lights or mechanical elements in patterns that give the perception of movement, as in chasing lights or programmable displays. For purposes of this title, an animated sign shall not be considered a mechanical movement sign if the only mechanical movement in the sign relates to the movement of grids to produce programmable displays.

(Ord. 24201.)

"Arcade sign" means a sign that is: (A) suspended from the ceiling of a covered pedestrian walkway, which covered walkway must be of at least six feet in width and attached to the building, and (B) oriented perpendicular to the building face to which the covered walkway is attached. (Ord. 28022.)

"Architectural sign" means a permanent sign that is integral to the design of a doorway, column, cornice, or parapet and the materials of which are integral to the surface of the building facade. (Ord. 27375.)

• A. "Assembly space" means a space where persons gather to participate in a group or common activity or observe a presentation, performance or exhibition.

• B. These assembly spaces are categorized into two groups: 1) small assembly spaces, which are assembly spaces with an occupancy load of five hundred to fifteen thousand persons if indoors or with five hundred to fifteen thousand permanent, fixed seats if outdoors; and 2) large assembly spaces, which are assembly spaces with an occupancy load of over fifteen thousand persons if indoors or with over fifteen thousand permanent fixed seats if outdoors.

• (Ord. 29097.)

"Attached sign" means a sign which is either a part of a building or other improvement, or is attached to a building or other improvement. A sign shall be considered to be attached to a building or other improvement only if the sign would fall without support from the building or improvement. Attached signs include without limitation flatmounted signs and projecting signs.

"Awning sign" means a sign on an awning. Awnings include canvas coverings as well as permanent, projecting canopies. (Ord. 24201.)

"Architectural sign cluster" means one or more signs attached to or integrated with one or more landscape elements, such as a wall or fountain, to form a unified entry feature. (Ord. 28754.)

"Area of sign" or "sign area" means the total area of the message surfaces of a sign computed as provided in Section 23.02.910. (Ord. 24201.)

"Banner sign" or "banner" means a sign on cloth or other flexible material which projects from or hangs from a building, pole or wire that is twelve hundred square feet or less in area. Banners include without limitation pennants, flags, cable-hung banners and vertical banners. Depending upon its method of attachment, a banner sign may be a flat-mounted sign, a projecting sign, or a freestanding sign.

(Ords. 24201, 29850.)

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§ 23.02.090

"Billboard" means any sign that is either a poster panel or a painted bulletin. A "poster panel" is a sign whose sign area is approximately twelve feet by twenty-five feet. A "painted bulletin" is a sign whose sign area is approximately fourteen feet by forty-eight feet. (Ord. 24201.)

cial activity, product, good or service that is conducted, manufactured or offered on a site that is not the site on which the commercial speech is displayed and that is not conducted, manufactured or offered on the same parcel of land on which the commercial speech is displayed. (Ord. 28754.)

Business Center Site means a Site consisting of two (2) or more contiguous parcels, located on only one (1) side of any public right-of-way, in an individual development project, as defined in Section 65928 of the Government Code; approved for use for commercial, industrial, or mixed commercial industrial purposes, as shown on a subdivision map or site map approved by the City; and which includes shared facilities such as parking and pedestrian connections. (Ord. 30189.)

Business Center Sign means an Attached Sign, Monument Sign or Roof Sign located on a Business Center Site and oriented to and designed to be viewed from a Freeway. (Ord. 30189.)

"Cable-hung banner" means a single banner, or several individual banners, or individual cutout letters, suspended by cable over a public right-ofway from poles designated for such use by the department of streets and traffic. (Ord. 24201.)

"Commercial speech" means an expression or expressive activity that in any way promotes a commercial transaction. (Ord. 28754.)

"Off-site commercial speech" means commercial speech that identifies or promotes any commer-

"On-site Commercial Speech" means Commercial Speech to identify and promote the presence of the commercial activities, products, goods or services conducted, manufactured or offered: (a) on the same parcel of land on which the Commercial Speech is displayed; or (b) on the same Business Center Site on which the Commercial Speech is displayed.

(Ords. 28754, 30189.)

"Construction sign" means a temporary sign related to construction or remodeling which lists the type of construction or remodeling and the owners, contractors, lenders, architects, engineers or other information related to the project. (Ord. 24201.)

"Continuous lighting" means the illumination of a sign by artificial light or lights which are maintained in a stationary condition and remain constant in intensity and color at all times when the sign is illuminated. (Ord. 24201.)

"Corner building" means a building with a building footprint of at least fourteen thousand two hundred fifty square feet that is located in an area adjacent to and within two hundred fifty feet from the intersection of two public streets, which distance is measured from the intersection of the parcel lines abutting those streets, and is part of a shopping center site with a total building floor area of at least five hundred thousand square feet and

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§ 23.02.210

that is not located within a special sign zone as set forth in Section 23.02.860. Each of the two intersecting streets must be either a city connector street, local connector street, main street, grand boulevard, expressway or freeway, as defined in the city's general plan. (Ord. 29324.)

"Corner parcel" means a parcel which abuts two intersecting streets that form an interior angle not greater than one hundred thirty-five degrees. (Ord. 24201.)

"Corner triangle" means a triangle of land formed by two intersecting streets, where two sides of the triangle consist of the curblines of the intersecting streets and the third side of the triangle is a straight line drawn between points on each curbline located forty-five feet from the intersection. (Ord. 24201.)

Destination Entertainment Facility means a Building with a Footprint of at least fifty thousand (50,000) square feet and which contains either a Relocated Cardroom or an indoor theater with an occupancy load of at least one thousand (1,000) people.

"Entryway sign" means an attached sign displayed above a public entryway. (Ord. 29246.)

"Erection of a sign" means the construction, placement, installation, relocation, enlargement, mounting, alteration, posting or display of a sign. (Ords. 24201, 29324.)

"Expansion of a sign" means any increase in any dimension of the sign, the supporting structure or the message surface.

(Ord. 24201.)

"External lighting" means the illumination of a sign by a light source that is not a component of the sign itself.

(Ord. 24201.)

"Fin sign" means a two-sided projecting sign intended to be viewed from the side. (Ord. 24201.)

"Flag" means a banner that is the emblem of a governmental entity.

(Ord. 24201.)

(Ord. 30189.)

"Driveway triangle" means a triangle of land formed by the intersection of a street and a driveway, where two sides of the triangle consist of the curbline of the street and the abutting edge of the driveway and the third side of the triangle is a straight line drawn between points on the curbline and driveway edge located ten feet from the intersection point. (Ord. 24201.)

"Flat-mounted sign" means an attached sign mounted flush against or parallel to the surface of a building facade. Flat-mounted signs typically consist of either signage on a background board, signage enclosed within a cabinet or box, or individual letters. Symbols, displays, devices or graphics painted directly onto a building surface are also included in this category. Plaques are flat-mounted signs which are typically one-piece construction made out of material such as bronze, terra cotta or stone. (Ord. 24201.)

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§ 23.02.215

"Flat roof-top sign" means a flat-mounted sign attached to the roof of a building that is oriented for viewing from places located above the building. Flat roof-top signs shall not be animated signs nor mechanical movement signs. (Ord. 26282.)

"Footprint" means the area of the vertical projection of a building on the ground plane and includes open space with at least one building story over such open space but excludes covered walkways without at least one building story over them, eaves and roof overhangs. (Ord. 24201.)

"Freestanding sign" means a sign not attached to a building or other improvement but instead permanently erected upon or standing in the ground and usually supported from the ground by one or more poles, columns, uprights, braces or cement anchors. Freestanding signs include monument signs but do not include portable signs. (Ord. 24201.)

"Freeway" means a restricted access highway with no at-grade intersections. (Ord. 28754.)

"Freeway frontage" means the property line of a parcel abutting a freeway. (Ord. 29558.)

"Freeway travel lane" means a freeway lane that is a through lane, any lane providing direct connection from that freeway to another freeway, and any other freeway lane or portion thereof, such as an off-ramp, that is parallel to and within thirty feet of a through lane of that freeway. (Ord. 28754.)

"Freeway sign" means a large freestanding sign oriented to and designed to be viewed from a freeway. (Ord. 28754.)

A "public parking garage sign" is a sign that is limited to the phrase "public parking" and/or any authorized city public parking symbol(s) to help identify those public parking garages that are open to the public and available for public parking during the hours of operation of the business. (Ord. 29097.)

"Grade" with regard to attached signs and freeway signs means that element as defined in Section 20.200.510 of Title 20 of this Code and, for other signs, means the top of the curb closest to a sign or, if there is no curb, the centerline of the street closest to the sign.

(Ords. 24201, 28754.)

"Halolit" or "halolighting" means illumination of individual letters, numbers or graphics having an opaque surface by the use of internal, reverse illumination where the light source is not directly visible.

(Ord. 24201.)

"Historic landmark building" means a historic landmark structure or a structure that is identified on the historic resources inventory as a candidate city landmark, a contributing structure to a city landmark district or national register district, or as eligible for the California Register of Historic Resources (individually) or for the National Register of Historic Places (individually). (Ord. 29850.)

"Historic sign" means a sign that is listed as a historic resource on the historic resources inventory

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§ 23.02.310

of city or is a contributing feature to a building or structure that is listed as an historic resource on the historic resources inventory of city pursuant to Chapter 13.48 of Title 13 of this Code. (Ord. 28144.)

"Large event" means a large downtown special event as defined in Section 23.02.277 of this title, or a large downtown convention as defined in Section 23.02.276 of this title.

(Ord. 29850.)

"Illegal sign" means any sign not in strict conformity with this title and not a legal nonconforming sign. (Ord. 24201.)

"Inflatable sign" or "balloon" sign means a sign consisting of a flexible envelope of nonporous materials that gains its shape from inserted air or other gas.

(Ord. 27864.)

"Internal lighting" means the illumination of a sign by a light source that is fully incorporated into the sign itself.

(Ord. 24201.)

"Large downtown convention" means a convention or event held in the downtown core area with seven hundred or greater peak room nights booked in the City of San José by the San José Convention and Visitor's Bureau or by the convention or event sponsor. (Ord. 29850.)

"Large downtown special event" means a downtown special event, as defined in Section 6.55.050 of this Code, for which a special event permit has been issued pursuant to Chapter 13.14 of this Code, which has a projected attendance of ten thousand or greater, as determined by the director as defined in Chapter 6.55 of this Code. (Ord. 29850.)

"Light source" means a device which, when activated (electronically or otherwise), emits light. Light sources include, but are not limited to, incandescent filament bulb, electric discharge bulb, neon tube and fluorescent tube.

(Ord. 24201.)

"Lightbox" means an internally illuminated, cabinet-type fixture at a service station that is usually located above the gasoline pumps and below a canopy structure that is above the pumps. "Lightbox sign" means a sign located on a lightbox. (Ords. 24201, 29153.)

"Marquee" means a projecting sign that is part of a permanent entryway or entry canopy and traditionally associated with theatres. For purposes of this title, any sign fulfilling the same function as a theatre sign shall be considered a marquee. A marquee sometimes includes a projecting vertical sign which may extend above the cornice line of a building. Marquees may be animated and may include internally illuminated display surfaces for changeable lettering as well as externally mounted lighting. A marquee is not a porte-cochere or a fin sign. (Ord. 24201.)

"Master sign program" means a sign plan which identifies the placement, construction, size, materials, colors, method of lighting and other related requirements for those signs that are subject to the plan.

(Ord. 24201.)

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§ 23.02.320

"Mechanical movement sign" means a sign having parts which physically move, rather than merely appearing to move as might be found in an animated sign. This physical movement may be activated electrically or from another power source but shall not include wind-activated movement such as occurs with flags or banners. For purposes of this title, mechanical movement signs shall not include any animated sign where the only mechanical movement in the animated sign relates to grids used to produce programmable displays. (Ord. 24201.)

non-commercial speech means expression on debatable topics such as religion, political views, commentary on arts, and philosophical expression. (Ord. 29529.)

"Occupancy frontage" means the length of that portion of a building occupied exclusively by an individual tenant or owner and abutting a parking lot or a public right-of-way including, but not limited to, a freeway, expressway, street, plaza or alley. Occupancy frontage is measured parallel to the property line and at grade.

(Ords. 24201, 28754.)

"Message surface" means the surface on a sign from which the message of the sign is visually communicated.

(Ord. 24201.)

"Monument sign" means a freestanding sign not erected on one or more poles or similar supports but erected to rest on the ground or to rest on a monument base designed as an architectural unit with the sign. (Ord. 24201.)

"Neon tube lighting" means any sign that includes one or more directly visible neon tube light sources or lighting sources of a similar nature, such as light emitting diodes (commonly known as LED displays), or a sign that includes lighting that creates a similar visual effect as neon tube light sources. (Ords. 24201, 27375.)

"Non-commercial speech" or "non-commercial message" means expression on a topic of public concern and debate, not including commercial speech. By way of example and not limitation,

"Outdoor retail display frontage" means the street frontage of a parcel that includes an outdoor area used for the display of items for retail sale where the outdoor display area is at least three thousand square feet in area and is located within ten feet of the nearest adjacent street for a distance of no less than fifty linear feet along that street. (Ord. 28569.)

"Large outdoor stadium space" means an outdoor space, capable of providing a venue for professional sports that has a single permanent fixed seating arrangement for an occupancy load equal to or greater than sixteen thousand persons. Such outdoor venue must be located on a site that is at least eleven gross acres in size with at least five hundred linear feet of street frontage along one public right-of-way, located in a zoning district where a large outdoor stadium space is an allowable use, and located in an area where the general plan designation supports such use. (Ord. 29529.)

"Parapet" means the vertical portion of a wall above the roof line abutting the wall. (Ord. 24201.)

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§ 23.02.424

"Parcel" is defined in Section 20.200.850 of Title 20 of this Code. (Ord. 24201.)

"Parking garage" is a building that is primarily used for storage of vehicles and that contains at least sixty thousand square feet of floor area and does not contain any residential space. (Ord. 29850.)

or may be illuminated by reflected light. The sign may be part of a permanent sign that is not a programmable electronic sign. "Programmable electronic sign" includes sign display screens commonly known as liquid crystal display (LCD), plasma and digital displays, and their functional equivalents. This definition applies whether the display is used to produce a series of still images, or images that appear to move on the display screen. (Ords. 24201, 28641, 28754, 29324.)

"Peak room nights" means the number of hotel rooms booked for a convention or event on the night during the convention or event on which the most rooms are booked.

(Ord. 29850.)

"Programmable display kiosk sign" means any programmable electronic sign mounted on a kiosk or kiosk-like structure that has a footprint of no more than twenty-five square feet, has a maximum side length of five feet, and is located on a private sidewalk or plaza.

(Ords. 27375, 29097.)

"Pedestrian wayfinding sign" means a freestanding sign oriented to and designed to be viewed primarily by persons presently on site. (Ord. 29246.)

"Portable sign" means a sign not firmly affixed to the ground or to a building and includes, without limitation, "A-frame" or sandwich board signs. (Ord. 24201.)

"Porte-cochere" means a porch roof or canopy projecting over a driveway, street or sidewalk and providing shelter at the entrance to a building. Flat-mounted signs are sometimes affixed to a portecochere.

(Ord. 24201.)

"Programmable electronic sign" means a type of animated sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The elements may be internally illuminated

"Projected light sign" means a sign created from light that is projected from an external light source onto a message surface. Such external light source may consist of a high intensity beam. (Ord. 28144.)

"Projecting sign" means an attached sign (other than a flat-mounted sign) which projects out from a building or structure and usually has two message surfaces. Projecting signs include without limitation fin signs and vertical projecting signs. (Ord. 24201.)

"Public entryway" means a building opening that is framed and comprised of door(s) and window(s) that open or look into a common public area within a building.

"Public entryway width" means the linear distance of a public entryway. (Ord. 29246.)

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§ 23.02.430

"Public information sign" means a sign which communicates information from the city about public events, events at public facilities or other city information of general interest to the community. (Ord. 24201.)

"Public right-of-way" for purposes of this title means a public street, alley, or other public outdoor area such as a plaza or a park. (Ord. 24201.)

"Public property" for purposes of this title means any property owned or controlled by a public entity, including but not limited to:

• A. Recreational areas such as public parks, playgrounds, and gardens;

• B. Public buildings such as libraries, fire stations, auditoriums, theaters and City Hall; and

• C. Public rights-of-way and structures on public rights-of-way, including but not limited to lampposts, utility poles, utility wires, street signs, traffic signs, benches, hydrants, fountains, trees, bushes, public bridges, sidewalks, park strips and curbstones.

(Ord. 24835.)

"Reconstruction of a sign" means the rebuilding or making over of the sign or supporting structure from remaining parts. (Ord. 24201.)

"Relocation of a sign" means the movement of the sign to a new or changed location and includes without limitation any movement of the sign to a new location on the same structure, on the same parcel or elsewhere. Any movement of a sign, in-

cluding but not limited to the structure on which the sign is placed, no matter how slight, is a relocation.

(Ords. 24201, 29324.)

Editor’s note— Ord. 29785, § 15, adopted Sept. 13, 2016, repealed § 23.02.465, which pertained to riparian corridor and derived from Ord. 29558.

"Roof sign" means a sign which projects above the wall of a building, including a ground-level structure attached to a building, or is located above the lowest point of a sloped roof, or is attached to a structure located on a roof. As used in this definition, "wall" includes a cornice and/or parapet. (Ords. 24201, 28754.)

"Safety or directional sign" means:

• A. A sign used by a public agency or public utility and necessary for the safety or welfare of the public, such as but not limited to, "Danger," "No Entry," "Condemned," "Public Telephone" or "Underground Cable";

• B. A sign displayed for safety purposes, such as but not limited to, "Beware of Dog" or "Danger"; or

• C. A sign which solely directs vehicular and/or pedestrian traffic.

• (Ords. 24201, 29223.)

"Scoreboard sign" means signage on a scoreboard that is part of a large outdoor stadium space, where the scoreboard is a structure that is primarily used for score-keeping and the back panel of the scoreboard directly faces or is visible from a public right-of-way. Such scoreboard sign includes all signage located along the entire back panel of a scoreboard that faces away from the permanent fixed seating arrangement and/or any sign that may be permanently attached to the top or bottom of

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§ 23.02.525

the scoreboard, provided such sign is permanently and architecturally integrated with the stadium site. (Ord. 29529.)

"Segmented sign" means a sign where the message surface contains deliberate visual demarcations used to divide the message area of the sign into separate message compartments. "Segment" shall mean a separate message compartment in a segmented sign.

(Ord. 24201.)

any message, or which advertises or promotes any business, product, activity, person or interest. Signs include, but are not limited to, letters, numbers, words, illustrations, decorations, decals, emblems, trademarks, logos and lights. Signs do not include noncommercial murals otherwise allowed under this Code.

(Ord. 24201.)

"Sign area" has the same meaning as area of sign, as defined in Section 23.02.050 of this Code. (Ord. 29324.)

"Service station canopy" means a roof, typically consisting of supporting columns, at a service station that covers the fuel pump islands and surrounding fueling area.

"Canopy sign" means an attached sign located on a service station canopy that is not a roof sign. (Ord. 29153.)

"Shopping center corner sign" means an attached sign located on a wall, cornice or parapet of a corner building of a shopping center site. A "shopping center corner sign" is not a skyline sign and is not a roof sign. (Ord. 29324.)

"Shopping center site" means a cluster of commercial uses that are predominantly retail in nature occupying one or more buildings located on a single parcel, or on contiguous parcels developed under a single planning process, and that include shared facilities such as parking and pedestrian connections. A shopping center site shall not include parcels separated by a public street. (Ord. 28754.)

"Sign ordinance" means Title 23 of the San José Municipal Code as amended from time to time.

(Ord. 29324.)

"Skyline sign" means a flat-mounted sign located at the top floor of a building which does not project above the higher of the cornice or parapet of the building.

(Ord. 24201.)

"Special sign zone" is a unique geographic area as defined in Section 23.02.860 that is subject to specific sign regulations. (Ord. 29558.)

"Street frontage" means the property line of a parcel abutting the public right-of-way to which such parcel has a legal right of access. (Ord. 24201.)

"Sign" means any structure, display, device, balloon or graphic on or attached to any land, building or structure, which is used to communicate

"Sponsorship marketing plan" means an agreement between a property owner, facility owner, facility operator, or occupant of the premises of a large outdoor stadium space and a sponsor, pursu-

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§ 23.02.525

ant to which the sponsor is entitled to include its logo, slogan, or advertising on advertising displays and both of the following conditions are met:

• A. The sponsorship marketing plan is for a period of not less than one year; and

• B. The sponsorship marketing plan grants the sponsor the opportunity to display its logo, slogan, or advertising in the interior of the structures of the premises of the large outdoor stadium space, or conduct promotions, public relations, or marketing activities on the premises of the large outdoor stadium space.

• (Ord. 29529.)

"Supergraphic sign" means a sign, other than a banner sign, which consists of flexible material attached flush to a building facade. (Ord. 29850.)

"Supporting structure" means the supports, uprights, braces and/or framework on which any freestanding sign is mounted, and any guys or anchors used to attach the sign. (Ord. 24201.)

"Temporary sign" means a sign placed for a limited duration of time.

(Ord. 24201.)

"Time and temperature sign" means a programmable display sign programmed to show time and temperature only.

(Ord. 24201.)

"Traffic control device" means any device or system installed by a government agency for the purpose of controlling vehicle traffic on public roads, including but not limited to those signs or other

devices which provide notice of the applicable rules and regulations, such as a stop sign or a speed limit sign.

(Ords. 24201, 29324.)

"Unimproved parcel" means:

• A. A parcel without any permanent structures or other permanent improvements; or

• B. A portion of a parcel without any permanent structures or other permanent improvements which is at least five acres in size.

• (Ord. 24201.)

"Vertical banner" means a banner hung or projecting from a banner pole in the public rightof-way designated for such use by the department of streets and traffic.

(Ord. 24201.)

"Vertical projecting sign" means a projecting sign located vertically along several floors on the facade of a building. Such signs may be comprised of one continuous vertical sign or several signs that are aligned vertically. Such signs are often intended to be read vertically. For purposes of this title, vertical projecting signs shall not include vertical projections of marquees.

(Ord. 24201.)

"Window sign" means a sign applied directly onto a window or internal to the window within twelve inches of the window and visible from the public right-of-way. Window signs include without limitation the application of words and logos onto window glass, the use of hanging signs and paper signs, and displays of merchandise in windows. (Ord. 24201.)

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§ 23.02.800

Part 2

GENERAL PROVISIONS

23.02.1060 Window signs.

23.02.1070 Stock-in-trade.

Sections:

23.02.805 Authority.

23.02.810 Application.

23.02.820 Conformity required.

23.02.830 Injunctive relief.

23.02.840 Private right of action.

23.02.850 Applicable regulations.

23.02.860 Special sign zones.

• 23.02.880 Authority to remove illegal signs in public right-of-way.

• 23.02.890 Design approval.

signs.

• 23.02.905 Limitations on programmable electronic signs.

• 23.02.910 Computation of area of sign.

• 23.02.920 Signs that do not reduce allowable signage.

• 23.02.930 Computation of sign height.

• 23.02.940 Location of attached signs.

• 23.02.950 Projection of attached signs.

• 23.02.960 Backgrounds; materials.

• 23.02.970 Illuminated signs - Light source.

• 23.02.980 Illuminated signs - Awnings.

• 23.02.990 Number of signs on supporting structure.

• 23.02.1000 Mixed uses.

• 23.02.1010 Prohibited signs; prohibited displays.

• 23.02.1020 Street numbers.

• 23.02.1030 Signs required by law.

• 23.02.1040 Safety or directional signs.

• 23.02.1045 Pedestrian wayfinding signs.

23.02.1080 Planned development permits.

23.02.1090 Historic signs.

23.02.1100 Barber poles.

23.02.1110 Signage at service stations.

23.02.1120 Portable signs at vehicle parking lots.

23.02.1150 Signs on unimproved parcels.

23.02.1160 Corner triangles and driveway triangles.

23.02.1170 Banner signs.

23.02.1180 Other applicable laws.

23.02.1190 Message substitution.

Signs are an important and necessary means of communication. When properly regulated, signs can serve as a great economic and aesthetic asset. They can be lively, colorful and exciting. In enacting this title, it is the intent of the City of San José to promote attractive signage and streetscapes, facilitate way-finding and traffic safety, promote commerce, and to comprehensively address community aesthetic concerns about visual clutter and visual blight in the environment. The regulation of signs in the City of San José is intended to promote an aesthetically pleasing environment with these concerns in mind. Sign regulation shall be consistent with land use patterns, and signs shall add to rather than detract from the architecture of the buildings where they are located. Signs shall be well maintained and, in addition, shall not create traffic safety hazards. The regulation of signs in the City of San José also is intended to be content neutral wherever required and to provide adequate opportunity for the presentation of messages of many varieties. (Ords. 24201, 26273, 27375, 28569, 28754, 29013, 29097, 29223.)

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§ 23.02.805

This title is adopted pursuant to the city's general and police powers, including without limitation, California Constitution, Article XI, Section 7 and the City Charter. (Ord. 29324.)

Unless otherwise expressly provided in this title, this title shall apply only to signs visible from off-site or from any outdoor parking lot or outdoor pedestrian walkway accessible for use by the public. (Ord. 24201.)

• A. No person shall erect, maintain or suffer, or cause to be erected, maintained or suffered, any sign except in strict conformity with this title.

• B. Violation of any condition of a permit issued pursuant to this title shall be a violation of this title.

• (Ord. 24201.)

• A. The erection of any sign in violation of this title shall be, and is hereby declared to be, unlawful and a public nuisance.

• B. In any action with regard to such use, any court of competent jurisdiction may award any relief as will abate or remove such use and restrain any person from using any property contrary to the provisions of this title.

• C. An injunction may be issued by any court of competent jurisdiction for any violation of this title upon suit by the city or upon any private suit pursuant to Section 23.02.840.

• (Ord. 24201.)

• A. In addition to the relief set forth in Section 23.02.830, in the event that an owner or occupant of real property located within six hundred feet of a permanent sign in violation of this title brings a civil action and is the prevail-

ing party in that action against a person found to have erected, maintained or suffered the sign in a manner in violation of this title, such owner or occupant, in addition to other damages as determined by the court, may, in the discretion of the court, be awarded court costs, attorneys' fees, and an amount not to exceed one thousand dollars.

• B. Remedies provided by this section and Section 23.02.830 are in addition to any other legal or equitable remedies and are not intended to be exclusive.

• C. For purposes of this section, a "permanent sign" shall be a sign for which a permit is required under this title.

• (Ord. 24201.)

• A. The regulations for signs shall be set in accordance with the zoning district where a parcel is located, except for:

  1. Parcels located in special sign zones, as set forth in Section 23.02.860;

  2. Residential uses, regardless of where located, which shall be governed by Part 4 of Chapter 23.04;

  3. Signs in the public right-of-way which shall be governed by Part 9 of Chapter 23.04; and

  4. Signage allowed pursuant to a planned development permit as provided in Section 23.02.1080.

• B. All signs shall also conform to the provisions of this Chapter 23.02.

• (Ord. 24201.)

The following are the special sign zones:

• A. The downtown sign zone as defined in Section 23.04.100.D. The downtown sign zone, as defined in Section 23.04.100.D, has been formed in recognition of the need for more signage and for a greater variety of types of signs in the urban center of the city where densely packed

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commercial uses compete for attention. It is the city's intent, in its regulations, to strike a fair balance between commercial needs, traffic safety, and community concerns about visual clutter and visual blight.

• B. Urban mixed-use development area sign zone as defined in Section 23.04.152. Large, urban mixed-use areas of the city, as defined in Section 23.04.152, are areas of the city that warrant more flexible types of signage in order to reinforce active and vital nodes of the community that function in many ways in a similar manner to the downtown sign zone.

• C. Neighborhood business districts as defined in Section 23.04.010.E. Neighborhood business districts, as defined in Section 23.04.010.E, are existing business areas designated by the city for intensive rehabilitation. Because of extensive design analysis and city oversight in neighborhood business districts, such districts shall be treated in this title as special sign zones with sign regulations adapted to coordinate with and enhance city rehabilitation programs.

• D. Capitol Expressway Auto Mall signage area as defined in Section 23.04.010.F. The Capitol Expressway Auto Mall signage area, as defined in Section 23.04.010.F, reflects the desire of the city and the auto dealers of the Capitol Expressway Auto Mall to present a unified signage program between all the contiguous auto dealers on Capitol Expressway.

• E. The airport sign zone as defined in Section 23.04.200.B. The airport sign zone, as defined in Section 23.04.200.B, has unique land use characteristics that support specially tailored sign regulations. The airport sign zone is an area of approximately one thousand acres and consists of land subject to the city's airport

master plan. The airport sign zone is characterized by large expanses of open space and outdoor uses, including parking lots, runways/taxiways, and low-intensity development consistent with aviation uses. This sign zone, because of its unique land use character, is less subject to visual clutter than other areas of the city.

• F. The San Pedro Square signage area as defined in Section 23.04.100.E. The San Pedro Square signage area, as defined in Section 23.04.100.E, reflects the desire of the city to provide signage regulations specifically tailored to the unique land use pattern in this area which is typified by small-scale historic and new buildings set within open plazas and surrounded by the dense, tall urban landscape of the downtown area of the city.

s defined in Section 23.04.100.E. The San Pedro Square signage area, as defined in Section 23.04.100.E, reflects the desire of the city to provide signage regulations specifically tailored to the unique land use pattern in this area which is typified by small-scale historic and new buildings set within open plazas and surrounded by the dense, tall urban landscape of the downtown area of the city.

• G. The Stevens Creek Boulevard signage area as defined in Section 23.04.010.G. The Stevens Creek Boulevard signage area, as defined in Section 23.04.010.G, reflects the desire of the city to provide a signage program for properties fronting on the south side of Stevens Creek Boulevard that is consistent with signage allowances applicable to those real properties fronting on the north side of Stevens Creek Boulevard located in the City of Santa Clara, as well as signage regulations, as part of a temporary, three-year pilot program, for programmable electronic signs for a subarea of this signage area between Henry Avenue and Richfield Drive (excluding parcels with Kiely Boulevard or Saratoga Avenue frontages).

• H. The Oakridge/Blossom Hill Urban Village signage areas as defined in Section 23.04.010.H. The Oakridge/Blossom Hill Urban Village signage area, as defined in Section 23.04.010.H, reflects the desire of the city to provide signage regulations as part of a temporary three-year pilot program, for programmable electronic

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signs in this area that is currently developed with intensive commercial uses and planned over the long-term to redevelop into an urban village in accordance with the city's general plan.

• I. The North San José signage area as defined in Section 23.04.010.I. The North San José signage area, as defined in Section 23.04.010.I, has been formed in recognition of the need for more signage and for a greater variety of types of signs in this area of the city targeted for dense development of employment and residential uses. It is the city's intent, in its regulations, to strike a fair balance between commercial needs, traffic safety, and community concerns about visual clutter and visual blight.

• (Ords. 24201, 27375, 28754, 29013, 29097, 29223, 29558.)

• A. Administrative authority for the implementation of the Sign regulations set forth in this Title and for the issuance of permits, if required under Part 4 of this Chapter, shall be as follows:

"Director" as used in this Title and not otherwise identified shall refer to the Director of the applicable administrative authority.

• B. Enforcement authority for this Title shall be in the Code Enforcement Division of the Department of Planning, Building and Code Enforcement, except that the Department of Transportation shall have enforcement authority for Signs in Public Right-of-Way, the Department of Parks, Recreation and Neighborhood Services shall have enforcement authority for Signs in parks, the Department of Public Works shall have enforcement authority for Signs at City facilities, and the Director of Aviation shall have enforcement authority for Signs in the Airport Sign Zone.

(Ords. 24201, 27375, 29324, 29747, 30162.)

• A. Any illegal signs in the public right-of-way may be removed by the city.

• B. Any illegal sign of de minimus value in the public right-of-way may also be removed by volunteers on behalf of the city.

• C. No notice shall be required prior to removal of illegal signs, including without limitation elections signs, in the public right-of-way.

• D. Any sign removed by the city, except any sign of de minimus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and ten days to reclaim such sign.

• E. Any sign held in storage by the city may be destroyed by the city if not reclaimed:

  1. In the time period set forth in subsection D. above; or

  2. Within ten days after removal if the owner or other person in control of such sign is not known.

• F. In order to reclaim a sign removed by the city, the owner or other person in control of such sign shall first pay to the city a fee as set forth in the schedule of fees adopted by resolution of the city council.

• G. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be aban-

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doned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city.

• H. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value.

• (Ords. 24201, 24835.)

Signs and supporting structures shall be subject to design approval by the director. The director shall not approve a sign permit application unless the director finds that the proposed sign is consistent with the intent of this title based upon the factors set forth in Section 23.02.1340.C. (Ord. 24201.)

• A. All signs and supporting structures shall be securely built and erected in conformance with the requirements of this title and any other applicable code requirements.

• B. All signs, together with all supporting structures, shall be well maintained and kept in a good state of repair. Without limiting the foregoing, the following maintenance shall be required for all signs and supporting structures:

  1. They shall be kept free from rust, dirt and chipped, cracked or peeling paint.

  2. Hanging, dangling, torn or frayed parts shall be repaired.

  3. Burned-out bulbs shall be replaced.

  4. Graffiti and unauthorized stickers shall be removed.

• C. If the message surface of a freestanding sign is removed from the supporting structure, except for a temporary period of time while the message is being changed or the surface replaced, the supporting structure shall be removed. Such temporary period shall not exceed ninety days.

• (Ord. 24201.)

Programmable electronic signs and programmable electronic kiosks shall conform to the following, unless otherwise allowed in this title:

• A. No sign shall display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

• B. No sign shall include any audio message. C. No sign message shall be displayed for a period of time less than:

  1. Eight seconds on any sign located within four hundred feet of a freeway travel lane or on any sign the illuminated face of which is visible from a freeway travel lane; or

  2. Four seconds on any other sign.

• D. Transitions from one message to another message shall appear instantaneous as perceived by the human eye.

• E. Each sign message shall be complete in and of itself and shall not continue on a subsequent sign message.

• F. Signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of three-tenths (0.3) foot candle (lux) above ambient light, as measured using a foot candle meter and in conformance with the following process:

  1. Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at the following distances:

     • a. A sign that is zero to one hundred square feet in area shall be measured at a distance of one hundred feet from the sign area being measured;

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• b. A sign that is one hundred one to three hundred fifty square feet in area shall be measured at a distance of one hundred fifty feet from the sign area being measured;

• c. A sign that is three hundred fifty-one to six hundred fifty square feet in area shall be measured at a distance of two hundred feet from the sign area being measured;

• d. A sign that is six hundred fiftyone to one thousand square feet in area shall be measured at a distance of two hundred fifty feet from the sign area being measured; and

• e. A sign that is over one thousand square feet in area shall be measured at a distance of three hundred fifty feet from the sign area being measured.

2. An ambient light measurement shall be taken using a foot candle meter at some point between the period of time between thirty minutes past sunset and thirty minutes before sunrise with the sign turned off to a black screen.

3. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating sign light measurement shall be taken with the sign turned on to full white copy.

4. The brightness of a sign conforms with the brightness requirements of this subsection if the difference between the ambient light measurement and the operating sign light measurement is three-tenths (0.3) foot candle or less.

   • G. All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

• H. Programmable electronic signs shall be located in a manner that the director determines based on reasonable evidence will not adversely interfere with the visibility or functioning of traffic signals and traffic signage, taking into consideration the physical elements of the sign and the surrounding area, such as information analyzing physical obstruction issues, line of sight issues, brightness issues and visual obstruction or impairment issues, but not including the message content on the sign.

  • I. Programmable electronic signs may display only on-site commercial or noncommercial messages.

  • J. Programmable electronic signs subject to the provisions of Part 4 of Chapter 23.04 of this title shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.

  • K. Signs attached to an historic building or structure shall not negatively impact the historic resource and shall conform to the following standards:

    1. Signs shall be attached in a manner that does not irreversibly damage the building surface in a visible location.

    2. Signs shall not cover or obscure from view a character-defining architectural feature of the historic building.

• (Ords. 28754, 29097, 29529.)

• A. Unless otherwise expressly provided in this title, the area of the message surface of a sign shall be computed as provided in this section.

• B. Message surface.

  1. If the message surface of a sign consists of an integral surface and has a regularly

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§ 23.02.920

shaped perimeter, the area of the sign shall be the area within such perimeter, including the face of any frame.

2. If the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear-perimeter of not more than ten straight lines, enclosing the extreme limits of the message surface (and in no case passing through or between any segments of the message surface) and including any color, material or graphic which is integrated therein which differentiates the message from the background against which it is placed, and the face of any frame.

3. If a roof sign consists of noncontiguous segments silhouetted against an open air background or against an open lattice framework that is at least seventy-five percent open area, the area of the message surface shall be the sum of the area of the noncontiguous segments.

• C. If a sign has more than one message surface, the area of the sign shall be the sum of the areas of all the message surfaces except as specified below:

  1. Parallel sign surfaces. If two surfaces on the same sign are back to back so that they face in opposite directions (i.e., the relative angle between the directions they face is one hundred eighty degrees) and the distance between the two surfaces is not more than five feet for a freeway sign and a freestanding programmable electronic sign for a large outdoor stadium space and two feet for all other signs, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation; or

  2. V-shaped sign surfaces. If a sign has two message surfaces connected in a manner that forms an angle between the two sign

surfaces of no greater than thirty degrees, then only the area of one of the two surfaces (the largest if they are not equal) shall be included in the computation.

• D. Three-dimensional signs.

  1. With three-dimensional signs, if the sign does not extend more than two feet from the point of sign attachment, for attached signs, or if the sign does not exceed two feet in depth for freestanding signs, the area of the sign shall be measured as if the sign had a flat surface, in accordance with subsection B. of this section.

  2. If a three-dimensional sign is greater than two feet in depth, the area of the sign shall be the sum of three areas of the sign measured from each side and the front, in each case measured as if each perspective was a flat surface, except that the sign depth shall first be multiplied by fivetenths (0.5) in calculating the sign area pursuant to this subsection.

• E. In the case of a form of message surface not specifically mentioned herein, the formula for the most nearly similar type of message surface which is mentioned shall apply. The decision of the director as to the most nearly similar type of message surface shall control.

• (Ords. 24201, 27375, 28754, 29529.)

The following signs shall not reduce signage otherwise allowable under this title:

• A. Temporary signs expressly allowed by this title.

• B. Safety or directional signs allowed by Section 23.02.1040.

• C. Window signs allowed by Section 23.02.1060.

• D. Street numbers required by Section 23.02.1020.

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• E. Signs required by law as described in Section 23.02.1030.

• F. Flags allowed by Section 23.02.1050.

• G. Signs allowed pursuant to Section 23.04.020F.

• H. Signs on outdoor vending facilities allowed by Part 10 of Chapter 20.80 of Title 20 of this Code.

• I. Signs on recycling facilities allowed by Section 20.80.1130 of Part 13 of Chapter 20.80 of Title 20 of this Code.

• J. Signs on temporary trailers allowed by Section 20.80.1740 of Part 18 of Chapter 20.80 of Title 20 of this Code.

• K. Reserved.

• L. Skyline signs allowed pursuant to Sections 23.02.1210, 23.04.020, or 23.04.120.

• M. Public benefit gateway signs allowed pursuant to Part 10 of Chapter 23.04.

• N. Flat roof-top signs allowed pursuant to Section 23.04.120.

• O. On-site noticing signs erected in conformance with and pursuant to city council Public Outreach Policy No. 6-30, as the same may be amended from time to time.

• P. Pedestrian wayfinding signs allowed by Section 23.02.1045.

• (Ords. 24201, 25032, 26282, 27375, 29223, 29246, 29324.)

Unless otherwise expressly provided herein, the height of a sign shall be determined by measuring the vertical distance to grade from the highest point of the message surface of the sign, including the face of any frame. (Ord. 24201.)

• A. Subject to Subsection D. below, attached signs on walls, windows or other structures shall be located a minimum of six inches from the edge of the wall, window or structure to which attached, unless the sign continues around such edge and onto another contiguous surface.

• B. In determining the top edge of a wall, the parapet and cornice, if any, of such wall shall be included and shall be deemed part of the wall.

• C. Signs suspended from the ceiling of an arcade or other roof overhang and oriented parallel to the building wall shall be located a minimum of two feet from the building wall and a minimum of eight feet above grade.

• D. Signs located on a service station canopy shall be exempt from the requirements of Subsection A. above.

(Ords. 24201, 28754, 29153.)

Subject to Section 17.48.290 with regard to projection into airspace over a public right-of-way, whenever attached signs are permitted in this title:

• A. Except as provided in subsection B. of this section, and notwithstanding the provisions of Section 20.40.400 of this Code related to setback areas, an attached sign may project up to two feet from the wall to which attached.

• B. Within the downtown sign zone, urban mixed-use development area sign zone, or any neighborhood business district, except as provided in Section 23.04.120.C. and Section 23.04.020.E.4., an attached sign may project more than two feet from the wall to which it is attached if every part of the sign is at least eight feet above grade.

• C. No sign shall project into any public rightof-way unless the director of public works shall have first issued an encroachment permit therefor.

• D. For the purposes of this section, if a sign is recessed into a wall, the distance for maximum allowable projection for the sign shall be measured from the plane of the exterior wall surface surrounding and directly abutting the edges of the sign.

• (Ords. 24201, 27375.)

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§ 23.02.1010

• A. All supporting structures and background materials for signs shall be opaque and nonreflective.

• B. For purposes of this section, the "background" of a sign shall mean all parts of the message surface of the sign except those parts (whether letters, numbers, words or otherwise) actually communicating the sign message.

• C. The use of styrofoam in signs is prohibited. (Ord. 24201.)

• A. Every part of the light source of any illuminated sign allowed by this title shall be concealed from view from vehicular traffic in the public right-of-way, and the light shall not travel from the light source directly to vehicular traffic in the public right-of-way but instead shall be visible only from a reflecting or diffusing surface.

• B. This provision shall not apply to neon tube lighting expressly permitted by another provision of this title.

• (Ord. 24201.)

Unless expressly provided otherwise in this title, awning signs may be illuminated, including without limitation by backlighting; however, the entire awning may not be illuminated or backlit. (Ord. 24201.)

More than one sign may be mounted on a supporting structure.

• (Ord. 24201.)

In the case of residential and nonresidential uses occurring on one parcel, the sign regulations governing the nonresidential use shall apply to the parcel, with the exception of regulations pertaining

to roof signs and skyline signs. For roof signs and skyline signs, the sign regulations governing the residential use shall apply to the parcel. (Ords. 24201, 27375.)

• A. Unless otherwise expressly allowed in this title, the following signs are prohibited:

  1. Animated signs.

  2. Billboards.

  3. Inflatable or balloon signs.

  4. Mechanical movement signs.

  5. Programmable electronic signs.

  6. Portable signs.

  7. Roof signs.

  8. Flat roof-top signs.

  9. Any sign other than an attached sign facing and visible from a freeway unless the parcel on which the sign is located is within the urban service area as indicated on the general plan land use/transportation diagram, and:

     • a. Separated from the freeway by another public right-of-way; or

     • b. Has direct access to the freeway.

  10. Signs placed on trees, rocks or other natural formations, except signs which identify the name of the natural formation.

  11. Signs placed on trucks, buses, cars or other motorized vehicles:

  - a. Unless all of the following conditions exist: 
  
     - i. The vehicle is in operating condition, currently registered and licensed to operate on public streets; 
  
     - ii. The sign is painted upon or otherwise permanently attached to the vehicle; and 
  
     - iii. The primary purpose for which the vehicle is used is not for the stationary display of the sign. 
  
  - b. This restriction shall not apply to temporary signs in vehicle windows.
  

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§ 23.02.1010

12. Signs displaying off-site commercial speech.

• B. Unless otherwise expressly allowed in this title, the following displays used in conjunction with signs are prohibited:

  1. Balloons;

  2. High intensity beam lights; or

  3. Strings of ribbons, tinsel, small flags, pennants, streamers, spinners, metallic disks, pinwheels, or other similar devices designed to move in the wind.

(Ords. 24201, 26282, 27034, 28022, 28144, 28754, 29529.)

• A. Street numbers, whether written in words or in numerals, shall not be considered a sign and shall not reduce otherwise allowed signage if the street numbers do not exceed an aggregate area of four square feet.

• B. A street number shall be displayed on the primary building on each parcel.

• C. Except in the case of temporary signs or signs in the downtown sign zone or the airport sign zone, a street number shall be displayed on each freestanding sign on a parcel.

• D. Street numbers shall be visible day and night from the nearest street, either by means of illumination or by the use of reflective materials.

• (Ord. 24201.)

Any sign required by federal, state or other law shall not reduce otherwise allowed signage. (Ord. 24201.)

Safety or directional signs may be displayed as necessary for safety or directional purposes, may be illuminated or reflective if necessary for public safety, and shall not reduce otherwise allowed signage. (Ord. 24201.)

• A. Pedestrian wayfinding signs may be displayed only on improved parcels with no residential uses.

• B. Each such sign:

  1. Shall be set back at least sixty feet from a public street.

  2. Shall not exceed four square feet in sign area for each sign face except that:

     • a. The sign area shall not exceed twenty square feet when the sign is set back at least one hundred and fifty feet from a public street and is at least three linear feet from the drive aisle adjacent to a building.

  3. Shall be at least twenty linear feet from any other pedestrian wayfinding sign.

  4. Shall be placed on a base of no less than eighteen inches and no greater than eight feet in height, and no greater than five feet in width.

(Ord. 29246.)

• A. U.S. flags may be displayed in accordance with applicable federal laws and regulations; such display of U.S. flags shall not reduce otherwise allowed signage.

• B. Two additional flags may be displayed on nonresidential parcels and one additional flag may be displayed on residential parcels; such flag display shall not reduce the otherwise allowed signage if:

  1. Flags are displayed on flagpoles erected in conformance with all applicable laws; and

  2. Flags are no larger than twenty-four square feet each.

• C. More than one flag may be displayed on a flagpole. Subject to all applicable laws and regulations, banners may be displayed on flagpoles with flags.

• D. Any flag not meeting the requirements of subsection A. or subsection B. above:

  1. Shall be considered a banner, subject to all regulations related to banners; and

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§ 23.02.1110

2. Shall reduce the signage otherwise allowed.

• (Ord. 24201.)

• A. Window signs, including both permanent and temporary signs, shall not exceed in aggregate sign area twenty-five percent of the window frame area.

• B. Window signs shall not be animated signs.

• C. Window signs in conformance with this title shall not reduce otherwise allowed signage.

• D. Window signs include internal displays of stock-in-trade if the display is located within twelve inches of a window and is visible from a public right-of-way.

• (Ord. 24201.)

Even though visible from a public right-ofway, stock-in-trade which is stocked in the ordinary course of business on any parcel shall not be considered a sign unless it is located indoors within twelve inches of a window and is visible from a public right-of-way.

(Ord. 24201.)

As part of any planned development permit, the director may allow signage which conforms to signage allowed under this Code in any zoning district or in a special sign zone, subject to design approval as specified in Section 23.02.890. (Ord. 24201.)

• A. Attached sign. The director may approve the reconstruction and/or erection of historic signs not otherwise allowed under this code upon any building or other structure based upon a finding by the director that the relocation preserves an important historic resource and that the relocation of the historic sign is consistent with the Secretary of the Interior standards.

Such historic sign shall not reduce the otherwise allowed signage area for the receiving site.

• B. Detached sign. The director may approve the relocation of an historic sign that is listed as an historic resource on city's historic resources inventory or is a contributing feature to a building or structure listed as an historic resource on city's historic resources inventory, but not attached to an historic structure and not otherwise allowed under this code, either on the site of the historic structure or to another site in a manner that preserves the historic sign. Such sign shall not reduce the otherwise allowed signage area for the receiving site.

(Ords. 24201, 28144, 29097.)

Because of their historical and cultural value to the community, barber poles located at barber shops or similar establishments shall not be considered signs under this title and shall not be regulated by this title.

(Ord. 24201.)

• A. Service stations have unique requirements for signage. The quantity of signs and types of signs at a service station shall be subject to design approval by the director, as limited by Subsections B., C. and D. below.

• B. The total amount of all signage for the parcel shall not exceed:

  1. In the downtown sign zone, one square foot for each linear foot of street frontage.

  2. In all other areas, the maximum signage allowed on the parcel.

• C. Required signs as described in Section 23.02.1030 shall not reduce the signage allowed by Subsection B. Signs required by California Business and Professions Code section 13531, as amended, may be programmable electronic signs that comply with the provi-

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§ 23.02.1110

sions of this title, including Section 23.02.905, that are designed as a component of an allowed freestanding sign.

• D. Unless otherwise expressly prohibited in this title, lightbox signs shall be allowed.

• (Ords. 24201, 29153, 29223.)

• A. Operators of off-street parking facilities may display up to two portable safety or directional signs per lot entrance during hours of business operation. The director may authorize additional safety or directional signs per entrance if necessary for direction of vehicular traffic.

• B. Each such sign:

  1. Shall not exceed nine square feet in sign area for each sign face.

  2. Shall be clearly legible to parking lot vehicular traffic; letters shall be at least four inches in height.

  3. Shall be located so as not to block or interfere with pedestrian or vehicular traffic.

  4. Shall be displayed only on the parking lot property and shall not be located in the public right-of-way.

• (Ords. 24201, 24757, 27375.)

Editor’s note— Section 23.02.1130, pertaining to Master Sign Program, was repealed by Ordinance 29324, passed October 22, 2013.

Unless expressly otherwise allowed in this title, temporary signs allowed by this title may only be displayed where a permanent sign would be allowed to be displayed under this title. (Ord. 24201.)

• A. Permanent signs shall not be displayed on unimproved parcels.

• B. Temporary signs allowed in the zoning district or special sign zone where the parcel is located may be displayed on unimproved parcels.

• C. Temporary signs displayed on unimproved parcels:

  1. Shall conform to all requirements for temporary signs in the zoning district or special sign zone where the parcel is located.

  2. Shall conform to all placement requirements for permanent signs in the zoning district or special sign zone where the parcel is located.

(Ord. 24201.)

• A. Subject to subsection B below, freestanding signs located within a corner triangle or driveway triangle shall not exceed three feet in height.

• B. The director may allow a height greater than three feet for such signs upon a finding that safety is not impaired.

• (Ord. 24201.)

Unless otherwise expressly provided in this title, banner signs shall be allowed. A banner sign shall be a flat-mounted sign, a projecting sign or a freestanding sign, depending upon method of attachment, and shall conform to all regulations for flat-mounted, projecting or freestanding signs, as appropriate.

(Ord. 24201.)

Nothing in this title shall be deemed or construed to permit the erection or maintenance of a sign in violation of any other applicable provision of this municipal code, other applicable ordinance of the city, or any applicable statute or regulation of the state of California or of the United States. (Ords. 24201, 26282.)

• A. A protected non-commercial message of any type may be substituted, in whole or in part,

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• for the message displayed on any sign which is already legal or legal nonconforming without consideration of message content. Such substitution of message may be made without any additional approval or permitting, provided that the message substitution makes no changes to the physical structure of the sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over protected non-commercial speech, or favoring of any particular protected non-commercial speech over any other protected non-commercial speech. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. Message substitution applies only to speech which is within the protection of the First Amendment to the U.S. Constitution and corresponding provisions of the California Constitution.

• B. This message substitution provision does not:

  1. Create a right to increase the total amount of signage on a parcel, lot or land use, beyond that otherwise allowed; or

  2. Affect the requirement that a sign structure or mounting device be properly permitted, when any permit requirement applies; or

  3. Allow a change in the physical structure of a sign or its mounting device; or

  4. Authorize the substitution of off-site commercial speech in place of an on-site commercial speech or in place of a noncommercial message.

• (Ords. 24201, 29529.)

Part 3

LEGAL NONCONFORMING SIGNS

Sections:

23.02.1200 Legal nonconforming signs.

• 23.02.1210 Skyline signs in downtown sign zone.

23.02.1220 Capitol Expressway Auto Mall signage area and Stevens Creek Boulevard signage area.

• A. A legal nonconforming sign is a sign which does not conform to each and every applicable provision of this title but was:

  1. Lawfully in existence and in use in the city prior to and at the time the provisions of this title with which it does not conform became effective; or

  2. Lawfully in existence and in use on property outside the city at the time of annexation of such property to the city.

• B. Except as provided in subsections C., D. and E. below, no person shall replace, alter, relocate or expand in any way, no matter how minor, any legal nonconforming sign, including its supporting structure, unless such action is in accordance with a permit or permit adjustment issued pursuant to this title and the resulting sign is fully in conformance with the provisions of this title.

• C. Subsection B. above does not and shall not be construed to prohibit any maintenance of a legal nonconforming sign that is necessary for public safety and/or required by this title.

• D. 1. Although the resulting sign will not be in conformance in all respects with the provisions of this title, a sign permit adjustment may be issued to allow replacement, alteration or relocation on the same parcel of a legal nonconforming sign provided that:

  - a. The resulting sign is no larger in square footage than the original legal nonconforming sign; 
  
  - b. The resulting sign has received design approval from the director; and 
  
  - c. The director has determined that the resulting sign will reduce visual clutter or visual blight. 
  

  2. The resulting sign shall be a legal nonconforming sign.

• E. 1. Changing only the message on a legal nonconforming sign shall not be considered an alteration of the sign requiring a permit. However, any design change to

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the message surface of the sign including, but not limited to, illumination or color changes, shall be considered an alteration of the sign and shall require a sign permit adjustment.

2. The review of a permit application for design changes to a legal nonconforming sign shall be limited to consideration of the proposed design changes.

3. The resulting sign shall be a legal nonconforming sign.

• F. A legal nonconforming sign may not be reestablished:

  1. Except in the case of any sign that is a historic sign as provided in Section 23.02.1090:

     • a. If the building or parcel where the sign is displayed has been vacant for six continuous months or more; or

     • b. If the sign has displayed no message for six continuous months or more; or

  2. After damage or destruction where the repair or restoration of the sign and supporting structure will cost more than fifty percent of the cost to replace the sign and supporting structure in its entirety.

• G. The owner of any property where a legal nonconforming sign is located which may not be reestablished pursuant to subsection F. above shall remove the sign and its supporting structure, or any remaining portion thereof, from the property.

• (Ord. 24201.)

• A. Notwithstanding Section 23.02.1200.D. above, a sign permit may be issued to allow the enlargement of a legal nonconforming skyline sign on buildings taller than seventy-five feet in height in the downtown sign zone provided that:

  1. On any building one hundred fifty feet or more in height, up to two hundred feet in

height, the total amount of square footage of sign area for all skyline signs shall not exceed five hundred fifty square feet per building, and any one skyline sign shall not exceed three hundred seventyfive square feet in sign area.

2. On any building more than seventy-five feet and less than one hundred fifty feet in height, the total amount of square footage of sign area for all skyline signs shall not exceed two hundred seventyfive square feet per building, and any one skyline sign shall not exceed one hundred eighty-five square feet in sign area.

• B. Legal nonconforming skyline signs in the downtown sign zone located on buildings taller than seventy-five feet in height shall not reduce otherwise allowable signage for the building.

• C. Any skyline sign enlarged pursuant to this section shall comply with all other provisions of this part.

• (Ord. 24645.)

Any legal nonconforming sign located on a parcel within the Capitol Expressway Auto Mall Signage Area or the Stevens Creek Boulevard Signage Area, which signage areas are described in Section 23.04.010 of this title, shall be brought into conformance with the applicable provisions of this title prior to the erection or placement of any other sign on that parcel that comports with the signage allowed under the Capitol Expressway Auto Mall Signage Area regulations or the Stevens Creek Boulevard Signage Area regulations, whichever regulations apply to the particular site; provided, however, that such signs are not required to be brought into conformance with the signage regulations applicable to commercial and industrial zoning districts generally.

(Ords. 26942, 28569.)

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Part 4

PERMITS AND PROCEDURES

Sections:

23.02.1310 Exemption from permit.

• 23.02.1320 Applications for permit.

• 23.02.1325 Permit for public benefit gateway signs.

• 23.02.1327 Permit for interim temporary sign; findings.

  4. A historic preservation permit or historic preservation permit adjustment issued pursuant to Chapter 13.48 when the sign, or the site on which the sign is located, is designated on the City of San José's Historic Resources Inventory pursuant to Chapter 13.48 of Title 13 of this Code as a city landmark structure and/or the sign is located on a site that is within a city landmark historic district. 
  

  • D. No permit shall be required for changing the message within an existing sign.

  • (Ords. 24201, 28282.)

• 23.02.1330 Issuance of permit.

• 23.02.1340 Findings for permit.

• 23.02.1350 Investigation fee for signs erected without a permit.

• 23.02.1360 Appeals.

• A. The following Signs shall comply with all other requirements of this Title but are exempted from the permit requirements of Section 23.02.1300, unless otherwise expressly required elsewhere:

  1. Temporary Signs.

• A. No person shall erect or alter, or cause to be erected or altered, any sign except pursuant to a development permit issued in accordance with Chapter 20.100 or pursuant to approval in accordance with Section 23.02.1300.C. below, unless exempted from such requirement by Section 23.02.1310.

• B. A sign may be approved in conjunction with any development permit issued pursuant to Chapter 20.100. No separate application required by the requirements of this title shall apply.

• C. Signs not approved in conjunction with a development permit issued pursuant to Chapter 20.100, and the alteration of existing signs may be approved by:

  1. An adjustment to a development permit pursuant to Section 20.100.500; or

  2. An amendment to a development permit issued pursuant to Chapter 20.100; or

  3. A sign permit or sign permit adjustment issued pursuant to Section 23.02.1330; or

2. Safety or Directional Signs of four (4) square feet or less that are not Programmable Electronic Signs.

3. Safety or Directional Signs regardless of size if erected by a public entity or public utility.

4. Election Signs.

5. Window Signs.

6. U.S. Flags; any other Flags displayed on flagpoles erected in conformance with all applicable laws.

7. Required Signs as described in Section 23.02.1030.

8. Signage for residential uses where there are four (4) or fewer residential occupancy units on the parcel.

9. Signs allowed on outdoor vending facilities under Section 20.80.870 of Part 10 of Chapter 20.80 of Title 20 of this Code.

10. Signs allowed on recycling facilities by Sections 20.80.1130.B.5. and C.11. of Part 13 of Chapter 20.80 of Title 20 of this Code.

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11. Signs allowed on temporary trailers by Section 20.80.1740.6. of Part 18 of Chapter 20.80 of Title 20 of this Code.

• B. Signs erected by the City are exempt from permit requirements but shall comply with all other requirements of this Title, provided, however that signs erected on City owned land pursuant to Council Policy 6-4, shall comply with Council Policy 6-4, in lieu of the requirements of this Title.

• (Ords. 24201, 29223, 30162.)

• A. An application for a sign permit or sign permit adjustment must be filed on a form provided by the director.

• B. Each application shall be accompanied by the fee as set forth in the schedule of fees adopted by resolution of the city council.

• C. In addition to the completed application form and fee, the applicant shall submit the following information:

  1. Plans, drawn to scale with dimensions, including the following:

     • a. Details indicating proposed sign area, dimensions, colors, materials, graphic illustration and methods of illumination and attachment.

     • b. A site plan indicating the location of all existing and proposed signs.

     • c. Building elevations with the proposed sign depicted.

     • d. Photographs of the proposed sign location and the existing signs.

     • e. Any other information deemed necessary by the director for review of the proposal.

  2. An application for, or verification of, environmental clearance for the project in accordance with Title 21 of this Code.

• (Ord. 24201.)

signs.

• A. An application for a permit for a public benefit gateway sign may be filed in accordance with Section 23.04.1010.

• B. All requirements of this title shall apply to permits for public benefit gateway signs except as otherwise specified in Part 10 of Chapter 23.04.

• C. In addition to other requirements in this part with regard to a permit, the permit application for a public benefit gateway sign shall include detailed information about the proposed sign which demonstrates that the sign constitutes a public benefit gateway sign in accordance with Part 10 of Chapter 23.04.

• D. Notwithstanding Section 23.02.1300.D., a public benefit gateway sign is limited in message to identification of the traditional name of an established business area.

• (Ord. 25032.)

• A. An application for an interim temporary sign that does not meet the provisions of this title applicable to temporary signs that do not require a permit may be filed in accordance with the provisions of this part when the applicant has filed a permit application for an attached sign in accordance with the provisions of this part and that attached sign is anticipated to replace the interim temporary sign.

• B. The director may grant an interim temporary sign permit pursuant to the provisions of this part only if the director finds that all of the following conditions are met:

  1. The permit for the attached sign associated with the proposed interim temporary sign has been granted;

  2. The location and design of the proposed interim temporary sign do not create any safety hazard; and

  3. The proposed interim temporary sign complies with all of the requirements of this section and all of the location and size requirements of this title applicable to the attached sign with which it is associated.

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• C. Any interim temporary sign that is granted a permit pursuant to this section shall meet all of the following criteria:

  1. The proposed interim temporary sign will be placed in the same location and will be of the same or smaller size and appearance as the permitted attached sign with which it is associated; and

  2. The proposed interim temporary sign will not be erected or maintained for a period of time in excess of ninety consecutive days.

• (Ord. 26187.)

• A. Upon receipt of a completed application, the director shall review the application and approve, conditionally approve or deny the sign permit or sign permit adjustment.

• B. The director's decision is an administrative determination and does not require a hearing or notice.

• C. Except as provided in Section 23.02.1360 below, the decision of the director shall be final.

• (Ord. 24201.)

The director may grant a sign permit or sign permit adjustment only after:

• A. Finding that the proposed sign complies with the requirements of this title.

• B. Finding that the location and design of the proposed sign do not create any safety hazard.

• C. Finding that the proposed sign is consistent with the intent of this title based upon the following factors:

• A. Whenever any sign for which a permit is required is erected without first obtaining such permit, a special investigation shall be made before a permit may be issued for such sign.

• B. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be set forth in the schedule of fees adopted by resolution of the city council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.

• (Ord. 24201.)

• A. Permit adjustments are not subject to appeal. However, an applicant may file an application for a development permit or an amendment to a development permit pursuant to Chapter 20.100 of Title 20 of this Code.

  - B. A decision of the director rendered pursuant to an application for a development permit or an amendment to a development permit may be appealed pursuant to Part 2 of Chapter 20.100 and Section 20.100.490 of Title 20 of this Code. 
  
  - C. Unless expressly provided elsewhere in this Code, no appeal is available from a decision of the director except as provided in subsection B. above. 
  
  - (Ord. 24201.) 
  

  1. Location, material, color and scale;

  2. Compatibility with architectural and landscape features; and

  3. Compatibility with signs on the same parcel and on adjoining parcels.

• (Ord. 24201.)

Editor’s note— Ord. 30626 adopted June 29, 2021, repealed § 23.02.1370, which pertained to sign variances and derived from Ords. 24201, 27375, 29223, and 29324.

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