Chapter 23.04 — San Jose Zoning Code

23.04.035 Freeway signs. ¶

23.04.036 Business center signs. ¶

23.04.038 Supergraphic signs. ¶

Parts:

1 CO, CP, CN, CG, PQP, CIC, TEC, IP, LI, and HI Commercial and Industrial Zoning Districts, Neighborhood Business Districts, Capitol Expressway Auto Mall Signage Area, Stevens Creek Boulevard Signage Area, Oakridge/Blossom Hill Urban Village Signage Area, and North San José Signage Area
2 Downtown Sign Zone
2.5 Urban Mixed-Use Development Area Sign Zone
3 Airport Sign Zone
4 OS, A, R-1-RR, R-1-1, R-1-2, R-1-5, R-1-8, R-2, R-M, R-MH, Open Space, Agricultural, and Residential Zoning Districts
5 Billboard Relocation
6 Rotating Message Billboards
7 Temporary Signs
8 Election Signs
9 Public Right-of-Way Signs
10 Public Benefit Gateway Signs

Part 1

CO, CP, CN, CG, PQP, CIC, TEC, IP, LI, AND HI COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, NEIGHBORHOOD BUSINESS DISTRICTS, CAPITOL EXPRESSWAY AUTO MALL SIGNAGE AREA, STEVENS CREEK BOULEVARD SIGNAGE AREA, OAKRIDGE/BLOSSOM HILL URBAN VILLAGE SIGNAGE AREA, AND NORTH SAN JOSÉ SIGNAGE AREA

Sections:

23.04.010 Application.

23.04.020 Attached signs. 23.04.030 Freestanding signs.

23.04.032 Large outdoor stadium spaces.

23.04.040 Illumination. ¶

23.04.010 Application. ¶

A. In addition to the provisions set forth in Chapter 23.02, this part shall govern standards for signage for all nonresidential uses in the CO, CP, CN, CG, and PQP commercial zoning districts; the CIC, TEC, IP, LI, and HI industrial zoning districts; the neighborhood business districts; the Capitol Expressway Auto Mall signage area; the Stevens Creek Boulevard signage area; the Oakridge/Blossom Hill Urban Village signage area; and the North San José signage area.
B. Signage for residential uses shall be governed by Part 4 of this chapter, subject to the provisions of Section 23.02.1000 regarding mixed uses.
C. Standards for temporary signs shall be governed by Parts 7 and 8 of this chapter.
D. Legal nonconforming signs located within the Capitol Expressway Auto Mall signage area shall be governed by Section 23.02.1220 of Part 3 of Chapter 23.02 of this title.
E. For purposes of this title, "neighborhood business district" shall mean any area so designated in the city general plan.
F. For purposes of this title, "Capitol Expressway Auto Mall signage area" shall mean that certain area encompassing those real property parcels adjacent to and fronting along Capitol Expressway within the city between Almaden Expressway and the private parcel boundary immediately adjacent to and to the west of State Highway 87 on the south side of Capitol Expressway and between the Guadalupe River and approximately one thousand three hundred feet east of the centerline of Pearl Avenue on the north side of Capitol Expressway.
G. For purposes of this title, "Stevens Creek Boulevard signage area" shall mean that certain

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area encompassing those real property parcels adjacent to and fronting along Stevens Creek Boulevard within the city between Winchester Boulevard and the City of San José limit line located approximate eight hundred fifty feet east of State Route 280 and those real properties located entirely within the area bounded by Stevens Creek Boulevard, Kiely Avenue and Saratoga Avenue.

H. For purposes of this title, "Oakridge/Blossom Hill Urban Village signage area" shall mean that certain area encompassing those real property parcels adjacent to and fronting along Blossom Hill Road and immediately adjacent parcels that are part of a contiguous shopping center functioning as a single unit fronting on Blossom Hill Road within the city and located within an urban village boundary area as indicated on the city general plan land use/ transportation diagram and between Blossom River Drive and Thornwood Drive/Briar Ridge Drive.
I. For purposes of this title, "North San José signage area" shall mean that certain area addressed in the North San José area development policy as defined in the city's general plan.
J. For purposes of this chapter, where more than one parcel is subject to a single development permit issued pursuant to Chapter 20.100 of Title 20 of this Code, the term "parcel" as used in this chapter shall mean the entire site that is covered by that single development permit.
(Ords. 24201, 26942, 27375, 28569, 29013, 29223, 29558.)

23.04.020 Attached signs. ¶

A. Quantity.
1. No more than one attached sign shall be permitted for each separate ground-level occupancy frontage, except that:
  - a. Any ground-level occupancy with more than one occupancy frontage

may have one attached sign on each occupancy frontage, not to exceed four frontages.

b. Any ground-level occupancy exceeding twenty thousand square feet but not exceeding fifty thousand square feet may have up to three attached signs on one of its occupancy frontages; any ground-level occupancy exceeding fifty thousand square feet may have up to five attached signs on one of its occupancy frontages.
c. Any building with a building footprint greater than one hundred thousand square feet which has interior tenant spaces with no occupancy frontages may have up to five additional signs in addition to those set forth in Subsections a. and b. above.
d. A building with a building footprint of at least three hundred thousand square feet which has interior tenant spaces with no occupancy frontages and which is located in a shopping center site with a total building floor area of at least five hundred thousand square feet and that is not within a special sign zone as set forth in Section 23.02.860, may have up to eight additional signs in addition to those set forth in Subsections a. and b. above.
e. Parcels located entirely within the Capitol Expressway Auto Mall Signage Area may have an unlimited number of attached signs; provided, however, that the attached signs shall otherwise meet all of the other size, height and setback requirements of this section, including, without limitation, that the aggregate sign area of all attached signs shall not exceed the size limitations set forth in this section.

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f. A large assembly space may have up to two programmable electronic signs and those signs may be placed on the same occupancy frontage as set forth in Subsection E. below.
g. Any building with a single tenant ground level occupancy in a building footprint of at least one hundred thousand square feet which is located in a shopping center site that is at least twenty-five acres in size, has a general plan land use designation of regional commercial and is not situated within a special sign zone may have up to sixteen attached signs in addition to those allowed under Subsection a. above. Where attached signs are allowed under this Subsection g., all attached signs, including attached signs allowed under Subsection a. above shall be subject to the following regulations:
- i. The number of attached signs shall not exceed seven attached signs per occupancy frontage for up to three occupancy frontages.
- ii. The number of attached signs shall not exceed a total of nineteen attached signs on the total of the three occupancy frontages listed in Subsection 23.04.020.A.1.g.i. above.
- iii. Additional signs shall only be under this Subsection g. in lieu of the attached signs allowed under Subsections b. through d. above.

One attached sign shall be allowed for each second-story occupancy frontage with direct exterior access to the ground from the second story.
Each second-story retail tenant space with at least sixty-five thousand square feet of

contiguous retail space within a building having a building footprint of at least three hundred thousand square feet and interior tenant spaces with no occupancy frontages, which building is located in a shopping center site with a total building floor area of at least five hundred thousand square feet and that is not within a special sign zone as set forth in Section 23.02.860, shall be allowed to have up to one attached sign per occupancy frontage not to exceed two occupancy frontages.

A maximum of four canopy signs shall be allowed on a service station canopy with a maximum of two canopy signs allowed on any side of the service station canopy.

B. Size.
1. The aggregate sign area of all attached signs on a ground-level occupancy frontage shall not exceed one square foot for each linear foot of such occupancy frontage, except that:
  - a. For an individual retail tenant with a minimum of twenty thousand square feet of contiguous, occupied retail space with at least ten thousand square feet of ground-level occupancy frontage, the aggregate allowed sign area may be calculated based upon a combination of the area allowed for the ground-level occupancy frontage plus the second floor occupancy frontage, all to a maximum of three hundred square feet per occupancy frontage.
  - b. The aggregate sign area of the additional attached signs allowed pursuant to Subsection 23.04.020.A.1.c. shall be no greater than two hundred square feet per building and no single such sign shall exceed eighty square feet in sign area.

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c. The aggregate sign area of the additional attached sign allowed pursuant to Subsection 23.04.020.A.1.d. shall be no greater than three hundred twenty square feet per building and no single such sign shall exceed eighty square feet in sign area.
d. Where signs are allowed pursuant to Subsection 23.04.020.A.1.g, the following size limits shall apply to all attached signs, including attached signs allowed under Subsection 23.04.020.A.1.a. above:
- i. The aggregate sign area of all attached signs shall not exceed one and three-quarters square feet for each one linear foot of occupancy frontage; and
- ii. The maximum sign area of all attached signs on an occupancy frontage shall not exceed one thousand square feet; and
- iii. The maximum sign area of any one attached sign shall not exceed three hundred eighty square feet; and
- iv. Size limitations shall apply to all attached signs, including pre-existing attached signs.

Second- or third-story attached sign(s) shall be limited to one-half the first-floor sign area allowances, except:

a. For an individual retail tenant with a minimum of twenty thousand square feet of contiguous, occupied retail space with at least ten thousand square feet of ground-level occupancy frontage, the second- or third-story attached sign(s) shall be limited to one square foot for each linear foot of occupancy frontage on the second floor.
- b. For a second-story retail tenant space as described in Subsection 23.04.020.A.3. above, the sign area

of such sign shall not exceed one square foot for each two linear feet of occupancy frontage on the second floor. The maximum sign area of any one such sign shall not exceed one hundred twenty square feet. The maximum sign area of all such signs combined shall not exceed two hundred square feet.

The sum of the sign area of the attached signs on any building frontage shall not exceed one square foot for each linear foot of building frontage, except as allowed in Subsections 23.04.020.B.1. and 23.04.020.B.2.b. above.
On a service station canopy, signage shall not exceed the following square footages:
- a. One of the canopy signs shall have an aggregate sign area that does not exceed one square foot for each linear foot of the length of the side of the canopy on which the sign is placed, and the length of that canopy sign shall not exceed a maximum of forty percent of the length of that canopy side. The larger canopy sign shall be one contiguous sign.
- b. The remaining canopy signs shall not exceed the following square footages:
  - i. For signs approved prior to November 9, 2012, the maximum square footage allowed for each remaining canopy sign shall be six and one-half square feet per sign; and
  - ii. For signs approved on or after November 9, 2012, the maximum square footage allowed for each remaining canopy sign shall be four square feet per sign.

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The signage allowed for lightbox signs at service stations shall be limited to twenty percent of the surface area of the lightbox up to a maximum of eight square feet.
All signage at service stations shall conform to Section 23.02.1110.

C. Height.
1. Subject to the provisions of Subsection C.2. and Subsections C.4. through C.7. hereinbelow, no attached sign shall be displayed higher than the finished floor elevation of the fourth floor of a building.
2. For buildings less than eighty feet in height, no attached sign shall be displayed higher than the finished floor elevation of the building's third floor when that building has a skyline sign pursuant to other provisions of this part.
3. In neighborhood business districts for buildings constructed prior to May 1, 1992, upward extensions of building facades that are sloped from the vertical plane at an angle no greater than sixty degrees shall be treated as extensions of the wall of the building and not as roofs for purposes of signage regulation. A sign placed on such an upward extension may not extend in height to within six inches of the highest point of the upward extension. Only permanent signs may be placed on such upward extensions.

g facades that are sloped from the vertical plane at an angle no greater than sixty degrees shall be treated as extensions of the wall of the building and not as roofs for purposes of signage regulation. A sign placed on such an upward extension may not extend in height to within six inches of the highest point of the upward extension. Only permanent signs may be placed on such upward extensions.

An attached programmable electronic sign shall not be displayed higher than thirty feet from grade for small assembly spaces.
An attached programmable electronic sign shall not be more than fifty feet above grade for large assembly spaces.
A service station canopy sign shall not exceed two and one-half feet in height.
For buildings located in an employment growth area as designated in the general plan's planned growth areas diagram, attached signs (except for permitted skyline signs) shall be displayed no higher

than the finished floor elevation of the building's ninth floor when such building and the attached sign meets all of the following criteria:

  - a. The building has a total building floor area of one hundred thousand square feet or greater; and 

  - b. The building is one hundred feet or greater in height above grade; and 

  - c. The highest point of the attached sign shall be at least thirty feet lower in height than the lowest point of any skyline or roof sign permitted pursuant to other provisions of this part.

D. Setbacks.
1. Signs facing an abutting residential parcel shall be at least thirty feet from the property line of such residential parcel, unless it includes a programmable electronic sign, in which case the sign shall be at least one hundred fifty feet from the property line of such residential parcel.
2. Signs facing an abutting nonresidential parcel shall be at least ten feet from the property line of such nonresidential parcel, unless the abutting nonresidential parcel contains a parking lot or driveway at its nearest point to the sign, in which case, no setback is required.
E. Programmable electronic sign.
1. The attached sign allowed for a small assembly in accordance with Section 23.04.020.A. above may have a programmable electronic sign not to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or detached) shall be a programmable electronic sign.
2. The attached sign allowed for a large assembly space in accordance with Section 23.04.020.A. above may have a programmable electronic sign not to exceed seventy-five percent of the allowable sign area.

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Safety or directional signs for public parking garages.
- a. A safety or directional sign that is an attached sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Subsection 23.04.020.E., and such sign shall not reduce otherwise allowable signage for a public parking garage:
  - i. The programmable electronic sign component of the sign shall be integrated with the allowed attached sign; and

ii. The programmable electronic sign component of the sign shall not be greater than ten square feet in sign area.
- b. A safety or directional sign that is a free-standing sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Subsection 23.04.020.E., and such sign shall not reduce otherwise allowable signage for a public parking garage or for the parcel, as parcel is defined in Section 23.04.010, on which such sign is located:
  - i. A maximum of three such signs are allowed per parcel, as parcel is defined in Section 23.04.010; and
  - ii. Each such sign shall be no more than ten square feet in sign area.

Operation of a programmable electronic sign shall conform to the provisions of Section 23.02.905.

F. Additional allowed signage.
1. The following additional signs shall be allowed and shall not reduce the types and quantity of signage that are otherwise allowed under this title.
  - a. Fin signs.
    - i. Fin signs shall be allowed that:
      1. Do not exceed twenty square feet in sign area per side;
      2. Project no more than four feet from the wall to which a fin sign is attached;
      3. Are located at least seven feet but not more than twenty feet above grade; and
      4. Are not illuminated or are illuminated by external or neon tube lighting.
    - ii. Each ground-level occupancy frontage may have one such fin sign.
    - iii. Exception.
      1. In neighborhood business districts, fin signs may project more than three feet from the wall to which they are attached.
  - b. Awning signs.
    - i. A maximum of two awning signs of no greater than ten square feet in sign area may be placed upon each discrete surface of an awning.
    - ii. Awning signs shall be located at least seven feet but not more than twelve feet above grade.
    - iii. Awning signs shall not be illuminated.
    - iv. Awning signs shall maintain a minimum three-inch clearance

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from the edge of the discrete surface of the awning on which the sign is placed.

Window signs.
c.
- i. Window signs consistent with Section 23.02.1060 of this title are allowed.
- ii. Window signs shall not be allowed above the first floor, except as follows:
  1. Window signs may be displayed by second-story occupancy frontages with no separate ground-level frontage.
  2. In neighborhood business districts, window signs may be displayed on firstand second-story occupancy frontages.
d. Arcade signs.
- i. Arcade signs shall be allowed [provided] that:
  1. Do not exceed ten square feet in area per side; and
  2. Are located at least seven feet above grade.
- ii. Each ground-level occupancy frontage may display one such sign.
e. Vertical projecting signs are allowed when all of the following criteria are met.
- i. The sign does not exceed twenty square feet in sign area; and
ii. The building to which the sign is attached is at least fifty feet in height; and
- iii. The sign shall be located at least fifteen feet above grade; and
- iv. The sign shall project no more than six feet from the building surface to which the sign is attached; and
- v. The sign may project above the cornice or parapet of a building to which it is attached for a distance no greater than ten feet; and
- vi. Each building occupancy frontage may display no more than one such sign.
f. Public parking garage signs.
- i. Notwithstanding any other provisions of this title, one public parking garage sign per street frontage shall be allowed on any building containing a garage with two hundred or more parking spaces that are open and available for parking to the general public.
- ii. Such a public parking garage sign shall meet all of the following criteria:
  1. Shall be flat-mounted and limited to a maximum of one hundred square feet in sign area; and
  2. Shall be located at least thirty feet but no higher than seventy feet above grade and shall not project above the cornice or parapet of the building.
g. Entryway signs.
- i. Entryway signs are allowed on a building that has a building footprint of at least three hundred thousand square feet, and has interior tenant spaces with no occupancy frontages, and is located within a shopping center site that has a total building floor area of five hun-

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dred thousand square feet and that is not located within a special sign zone as set forth in Section 23.02.860. There are two types of entryway signs - primary entryway signs and secondary entryway signs.

ii. Primary entryway sign. A primary entryway sign is a sign located above a primary publicly-used entrance to the building and subject to the criteria below:
1. A building shall have no more than two primary entryway signs.
2. Each primary entryway sign shall be located above a public entryway and shall be no more than twenty feet in height above grade.
3. Each primary entryway sign shall not exceed five square feet for each linear foot of public entryway width, to a maximum square footage of one hundred eighty square feet.
4. A public entryway shall have no more than one entryway sign located above it.
iii. Secondary entryway sign. A secondary entryway sign is a sign located above a primary or secondary publicly-used entrance to the building and subject to the criteria below:
1. One secondary entryway sign is allowed over each public entryway, except that a secondary entryway sign shall not be

placed above a public entryway with a primary entryway sign; and

  2. Each secondary entryway sign shall not exceed three square feet for each linear foot of public entryway width, to a maximum square footage of eighty square feet. 

  3. Each secondary entryway sign shall be located above a public entryway and shall be no more than twenty feet in height above grade. 

  4. A public entryway shall have no more than one entryway sign located above it.

h. Shopping center corner signs. Shopping center corner signs are allowed on corner buildings subject to all of the following criteria.
- i. Notwithstanding the provisions of Subsection 23.02.1300.C., a shopping center corner sign shall require approval of a development permit.
- ii. A maximum of two shopping center corner signs are allowed on a corner building, with no more than one shopping center corner sign on a single building facade.
- iii. The sign area for each shopping center corner sign shall not exceed one and one-half square feet for each linear foot of occupancy frontage and shall not exceed two hundred square feet per sign. For purposes of determining the sign area only that portion of the

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occupancy frontage located within two hundred fifty feet of the intersection of two public streets as specified in Section 23.02.125 shall be included in calculating the size of the occupancy frontage.

iv. The top of each shopping center corner sign shall be located no higher than twice the height of the corner building, up to a maximum height of fifty feet above grade, and further shall not project above the top of the cornice of the corner building if the sign is on a cornice, above the top of the parapet of the corner building if the sign is on a parapet, or more than twenty feet in height from the top of the roof plane of the corner building if the sign is not on a cornice or parapet. For a corner building with a sloped roof, the "top of the roof plane" as used herein means the midpoint of the slope of a pitched, gable or hip roof.
v. Each shopping center corner sign shall be integrated with the architecture of the corner building on which it is located to form a cohesive design and shall not have visible support structures such as poles that project the shopping center corner sign from the roof or walls of the building.
vi. The shopping center corner sign shall not be a programmable electronic sign.
vii. There shall not be both a skyline sign and a shopping center corner sign on the same corner building.
G. Marquees.
1. The maximum sign area of marquees and the maximum amount of other signage on an occupancy frontage with a marquee shall be subject to design approval and shall not be subject to other size and quantity restrictions in this part.
2. Exception. Marquees shall not be allowed in the CO commercial district or in the IP, LI, and HI industrial districts.
H. Skyline signs; roof signs.
1. General provisions and applicability.
  - a. Non-residential buildings may have skyline signs on buildings less than eighty feet in height, and skyline or roof signs on buildings eighty feet or greater in height citywide.
  - b. Unless otherwise specified in Section 23.01.020.H.b., the skyline sign area for non-residential buildings less than eighty feet in height shall not exceed five hundred square feet total per building and any one such skyline sign shall not be larger than half of the ground floor sign allowance up to two hundred fifty square feet.
c. Unless otherwise specified in Section 23.01.020.H.b., the skyline sign or roof sign area for non-residential buildings greater than eighty feet in height shall not exceed five hundred square feet total per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.
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- d. Non-garage uses on the top floor of parking garages may have skyline signs. 

- e. Illuminated skyline or roof signs located on buildings within one thousand feet of a river or creek shall not directly face that river or creek.
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f. Each skyline sign or roof sign shall be designed as an integral part of the building design and placed on a permanent architectural element which has been designed to accommodate it.
g. Skyline signs and roof signs may be illuminated with external lighting; halolighting; and internal lighting if only the letters or symbols are illuminated. Such signs shall be illuminated only with continuous lighting except that gradual color changes shall be allowed if there is no perception of flashing lights created.
h. Skyline signs and roof signs on buildings eighty feet or greater in height above grade shall not reduce otherwise allowable signage for the building.

Dimensions.
- a. In the area bounded by State Highway 87, US 101 and Interstate 880:
  - i. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.
  - ii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

b. In the area of the city north of US 101 and west of Interstate Highway 880:
- i. The total amount of square footage of sign area for all skyline signs on buildings less than eighty feet in height shall be limited in size to an area equal to one-half of the first floor sign area allowances, except that the total amount of square footage of sign area for all skyline signs on buildings:
  1. Of less than eighty feet in height above grade, and
  2. With a building frontage on a public street of less than one hundred fifty linear feet,

shall not exceed one square foot for each linear foot of occupancy frontage, notwithstanding the provisions of Sections 23.040.020.B. and 23.04.020.H.1.h.

ii. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.
iii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

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  - c. In the area located in the Edenvale Industrial Redevelopment Area: 

     - i. The total amount of square footage of sign area for all skyline signs on buildings less than eighty feet shall be limited in size to an area equal to onehalf of the first floor sign area allowances. 

     - ii. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet. 

     - iii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

Quantity. A total of either two skyline signs or two roof signs are allowed per building; provided, however, that in the Edenvale Industrial Redevelopment Area a combination of skyline and roof signs are allowed not to exceed two signs in the aggregate per building.
There shall not be both a skyline sign and a roof sign on the same building or on connected buildings, subject to the provisions of Subsection 23.04.020.H.3. above.

(Ords. 24201, 25458, 26014, 26187, 26597, 26709, 26762, 26942, 27018, 27034, 27375, 27910, 28022, 29013, 29097, 29153, 29223, 29246, 29324, 29380, 29843.)

23.04.030 Freestanding signs. ¶

A. Quantity.
1. One freestanding sign shall be allowed on a parcel for each street frontage of the parcel which measures one hundred linear feet or more in length.
2. Exceptions.
  - a. Capitol Expressway auto mall signage area. Parcels located entirely within the Capitol Expressway auto mall signage area may have one freestanding sign per parcel, plus one additional freestanding sign for each automobile manufacturer sold on that parcel up to a maximum of two such additional freestanding signs, such that the total number of freestanding signs allowed on the parcel shall not exceed a total maximum of three freestanding signs.
  - b. Stevens Creek Boulevard signage area. In addition to the signs allowed in Section 23.04.030A.1., parcels located entirely within the Stevens Creek Boulevard signage area may have:
    - i. One additional freestanding sign for each one hundred linear feet of outdoor retail display frontage of that parcel up to a maximum of two additional freestanding signs, provided that the total number of freestanding signs allowed on any parcel shall not exceed a total maximum of three freestanding signs.
  - c. Stevens Creek Boulevard signage area. Only until March 16, 2015, parcels fronting onto the portion of Stevens Creek Boulevard between Henry Avenue and Richfield Drive (excluding parcels with Kiely Boulevard or Saratoga Avenue frontages), that either have a minimum

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of three hundred linear feet of street frontage along Stevens Creek Boulevard or are at least five acres in size, may have one freestanding programmable electronic sign that fully conforms to the following conditions and criteria at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs:

i. The programmable electronic sign is a part of an otherwise permitted freestanding sign and constitutes no more than seventy-five percent of the area of that sign.
ii. The maximum area for the programmable electronic sign shall be ninety square feet.
iii. The maximum height for the programmable electronic sign shall be the lesser of forty feet or the area of the sign divided by 3.75.
vi. Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.
v. Programmable electronic signs shall be located at a distance of at least one hundred feet from another programmable electronic sign, at least two hundred feet from residentially zoned parcels, and no more than one hundred fifty feet from Stevens Creek Boulevard.
vi. Programmable electronic signs shall be located in a manner that the director determines will not adversely interfere with the visibility or functioning of traffic signals and traffic signage, taking into consideration 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.

vii. The programmable electronic signs may display only on-site commercial or noncommercial messages.
d. Oakridge/Blossom Hill urban village signage area.
- i. Only until March 16, 2015, parcels fronting onto Blossom Hill Road, as described below, may have one freestanding programmable electronic sign that fully conforms to all of the conditions and criteria set forth in this Subsection d. at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs:
  1. A parcel fronting onto Blossom Hill Road that has a minimum of three hundred linear feet of street frontage along Blossom Hill Road; or
  2. A parcel fronting onto Blossom Hill Road that is at least five acres in size; or
  3. One or more parcels that are part of a contiguous shopping center functioning as a single unit with a minimum of three hundred linear feet of street frontage along Blossom Hill Road.
- ii. Only until March 16, 2015, one or more parcels that are part of a contiguous shopping cen-

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ter functioning as a single unit with a minimum of three hundred linear feet of street frontage along Blossom Hill Road and a minimum of three hundred linear feet of street frontage along Santa Teresa Boulevard, and that are a minimum of five acres in size in the aggregate, may have a maximum of one freestanding programmable electronic sign on Blossom Hill Road and one freestanding programmable electronic sign on Santa Teresa Boulevard, provided that those signs fully conform with all of the conditions and criteria set forth in this Subsection d. at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs.

iii. The programmable electronic sign is a part of an otherwise permitted freestanding sign and constitutes no more than seventy-five percent of the area of that sign.
vi. The maximum area for the programmable electronic sign shall be ninety square feet.
v. The maximum height for the programmable electronic sign shall be the lesser of forty feet or the area of the sign divided by 3.75.
vi. Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.
vii. Programmable electronic signs shall be located at a distance of at least one hundred feet from another programmable

electronic sign on the same street, at least two hundred feet from residentially zoned parcels, and no more than one hundred fifty feet from Blossom Hill Road.

viii. Programmable electronic signs shall be located in a manner that the director determines will not adversely interfere with the visibility or functioning of traffic signals and traffic signage, taking into consideration 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.

ix. The programmable electronic sign may display only on-site commercial or noncommercial messages.

e. Parcels with more than five hundred linear feet of street frontage along one single public right-ofway and zoned CG General Commercial District, IP Industrial Park District, LI Light Industrial District, HI Heavy Industrial District, or Planned Development (PD) Overlay District (allowing for uses similar to the CG General Commercial District, IP Industrial Park District, LI Light Industrial District, or HI Heavy Industrial District) may have one additional freestanding sign for each four hundred linear feet of street frontage along that particular public right-of-way that is beyond the initial five hundred linear feet of street frontage on that particular public right-of-way, subject to those size limitations set forth in Section 23.04.030B.

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Architectural sign cluster. Parcels that are fifteen acres or more in size may have, in lieu of a freestanding sign that would otherwise be allowed under this title, an architectural sign cluster that conforms to all of the following criteria:
- a. The architectural sign cluster does not display more than a total of three separate attached or freestanding signs; and
- b. All of the signs are integrated with landscape structures on the site to form a single cohesive design unit; and
- c. No sign in the architectural sign cluster is located more than thirty feet from any other sign in the architectural sign cluster; and
- d. The total area of all signs within the architectural sign cluster does not exceed the maximum sign area allowed for the freestanding sign that otherwise would have been allowed pursuant to Section 23.04.030B.1.; and
- e. No sign freestanding or attached sign is displayed at a height greater than twenty feet; and
- f. All freestanding signs conform to the setback requirements of Section 23.04.030C.1., and all landscape structures conform to the setback requirements of Title 20 of this code.
- g. Notwithstanding the requirements of Section 23.02.910B.1., if the message surface of a sign in an architectural sign cluster is integral to the surface of a wall or landscape feature, the area of the sign shall consist of the area of the message only and not include the area of the wall or other landscape feature that does not display a message.
  - h. The total number of architectural sign clusters that may be allowed on any one parcel shall not exceed three.
1. For corner parcels, no more than one freestanding sign shall be located within one hundred feet of the corner intersection.

B. Size.
1. The aggregate sign area of all freestanding signs on a parcel shall not exceed a total area equal to one square foot per each five linear feet of street frontage of the parcel, and the aggregate sign area of all freestanding signs along one single public right-of-way shall not exceed a total area equal to one square foot per each five linear feet of street frontage along that one public right-of-way.
2. No freestanding sign shall have an area in excess of one hundred twenty square feet.

A freestanding sign shall have a maximum sign area of forty square feet when facing streets with residential uses or zoning districts across the street.
1. Exceptions.
  - a. Capitol Expressway Auto Mall signage area. For parcels located entirely within the Capitol Expressway Auto Mall signage area, one allowed freestanding sign on a parcel shall not exceed a maximum sign area of one hundred twenty square feet, and any remaining allowed freestanding sign on a parcel shall not exceed a maximum sign area of fifty square feet.
  - b. Stevens Creek Boulevard signage area. For parcels located entirely within the Stevens Creek Boulevard signage area:
    - i. The aggregate sign area of all freestanding signs allowed on a parcel pursuant to the provisions of this section shall not

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exceed a total area equal to three and thirty-five hundredths (3.35) square feet per each five linear feet of street frontage of the parcel, and the aggregate sign area of all freestanding signs along one single public right-of-way shall not exceed a total area equal to three and thirty-five hundredths (3.35) square feet per each five linear feet of street frontage along that one public right-of-way, except that any freestanding sign allowed for an outdoor retail display frontage shall not exceed a maximum sign area of seventy-five square feet and shall not be included in the calculation of aggregate sign area.

     - ii. No freestanding sign shall have an area in excess of one hundred and fifty square feet in any event. 

  - c. Programmable electronic signs. For all assembly spaces, the sign area of a programmable electronic freestanding signs along one single public right-of-way shall not exceed a total area equal to one square foot per each two and one-half linear feet of street frontage along that one public right-of-way.

C. Height.
1. The maximum height of a freestanding sign shall be the square footage of the sign area divided by four. However, in no event shall the height of any sign exceed twenty feet.
2. Exceptions.
  - a. For parcels located entirely within the Capitol Expressway Auto Mall signage area, the maximum height of one freestanding sign on a parcel

shall not exceed twenty-five feet and the maximum height of any other allowed freestanding sign on the parcel shall not exceed nine feet.

  - b. For parcels located entirely within the Stevens Creek Boulevard signage area, the maximum height of any one freestanding sign on a parcel shall not exceed the square footage of the sign area divided by three and seventy-five hundredths (3.75) and in no event shall the height of the sign exceed forty feet. 

  - c. The height of a freestanding sign with a programmable electronic sign component shall not be more than fifty feet above grade for large assembly spaces.

D. Setbacks.

The required front setback of a freestanding sign on a parcel shall be a minimum of four feet for any sign that is six feet or less in height, six feet for any sign greater than six feet in height but less than ten feet in height, and ten feet for any sign that is ten feet or greater in height.
1. Exceptions.
  - a. For parcels located entirely within the Capitol Expressway Auto Mall signage area, the required front setback of any freestanding sign on the parcel shall be a minimum of four feet.
  - b. For assembly spaces, programmable electronic signs shall be at least one hundred and fifty feet from a residential zoned parcel.
2. Each freestanding sign shall be located at least twenty-five feet from the side and rear property lines of the parcel.

E. Programmable electronic signs.
1. The freestanding sign allowed for a small assembly space in accordance with Section 23.04.030A. above may have a programmable electronic sign component not

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to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or freestanding) shall include a programmable electronic sign component.

The freestanding sign allowed for a large assembly space in accordance with Section 23.04.030A. above may have a programmable electronic sign component not to exceed seventy-five percent of the allowable sign area. No more than two sign (attached or freestanding) shall include a programmable electronic sign component.
Safety or directional signs for public parking garages.
- a. A safety or directional sign that is a freestanding sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Section 23.04.030E., and such sign shall not reduce otherwise allowable signage for a public parking garage or for the parcel, as parcel is defined in Section 23.04.010, on which such sign is located:
  - i. A maximum of three such signs are allowed per parcel, as parcel is defined in Section 23.04.010; and
  - ii. Each such sign shall be no more than ten square feet in sign area.
Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.

Other provisions.

Sign base. All freestanding signs shall be placed on a base of at least eighteen inches in height that is architecturally consistent with the main building of the parcel and the freestanding sign it supports. The

base shall be constructed of durable materials to reduce the likelihood of unsightly signs and blighted conditions.

Landscaping. All freestanding signs shall be located fully within a landscaped area extending from the supporting structure of the sign to a point on all sides that is at least four feet from vertical lines drawn from the outer edges of the sign. For purposes of this provision, "landscaped area'' shall mean an area containing live plant material including, but not limited to, ground cover, shrubs, grass and trees.
Time and temperature signs.

a. Any otherwise allowed freestanding sign may include a time and temperature sign not exceeding fifteen square feet in sign area.

- b. A time and temperature sign not exceeding fifteen square feet in sign area, excluding any frame, may be located on the primary building on a parcel. 

- c. Any time and temperature sign meeting the requirements of Subsection a. or b. above shall not reduce otherwise allowable signage.

(Ords. 24201, 24331, 24332, 26942, 27034, 27375, 28022, 28569, 28582, 28754, 29013, 29097, 29153, 29223.)

23.04.032 Large outdoor stadium spaces. ¶

A. Allowable signs. In lieu of all other signs that may be allowed under this title, except for parking garage signs allowed under Section 23.04.020 F, a large outdoor stadium space may be permitted to have the following signs displaying on-site commercial speech or commercial speech displayed in accordance with a sponsorship marketing plan:
1. Attached signs.
  - a. Quantity. A large outdoor stadium space may be permitted to have up

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to six attached signs with no more than two signs per occupancy front-

age.

b. Size.
- i. The sign area for each attached sign shall not exceed one and one-half (1.5) square feet for each linear foot of occupancy frontage; and
- ii. Any one such attached sign shall not exceed five hundred forty square feet in sign area; and
- iii. The aggregate sign area of all such attached signs shall be no greater than seven hundred fifty square feet per occupancy frontage.
c. Height.
- i. No attached sign shall be placed above the finished roofline of the stadium structure.
- ii. An attached sign may be displayed over, under or on a permanent projecting canopy that is architecturally integrated with the design of the stadium, and subject to the following criteria:

If such attached sign is designed and constructed to be located over a permanent projecting canopy, then such sign shall not project more than seven feet above the structure.
If such attached sign is designed and constructed to be located under a permanent projecting canopy, such sign shall be displayed at least seven feet above grade.
Not more than one attached sign shall be placed on the same permanent projecting canopy.
- d. Setbacks. All attached signs shall conform to setback requirements in accordance with Section 23.04.020 D.
- e. Other. Attached programmable electronic signs are not allowed.
Freestanding signs.
- a. Quantity. One freestanding sign may be permitted on a parcel for each street frontage of the parcel which measures one hundred linear feet or more in length; provided, however that only two freestanding signs may be permitted per street frontage.
- b. Size.
  - i. The aggregate sign area of all freestanding signs allowed pursuant to the provisions of this section along one single public right-of-way shall not exceed a total sign area of one and fifteen one-hundredth (1.15) square feet per linear foot of street frontage along that one public right-of-way; and
  - ii. The maximum sign area of any one such freestanding sign shall not exceed one thousand two hundred square feet; and
  - iii. The aggregate sign area of all freestanding signs on a parcel(s) shall not exceed two thousand square feet.
- c. Height. The height of a freestanding sign shall not exceed the maximum allowable height for the zoning district where the sign is located or a maximum height of sixty feet above grade, whichever is less.
- d. Sign base.

i. All freestanding signs shall have a base of at least eighteen inches in height. The height to the top of the base shall not be more than twenty feet above grade.
```
- ii. The base shall be architecturally consistent with the main building of the parcel and the
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freestanding sign it supports. The base shall be constructed of durable materials to reduce the likelihood of unsightly signs and blighted conditions.

  - iii. Landscaping shall be in accordance with Section 23.04.030 F. 

  - iv. Setback, general. Front, side and rear setbacks shall be in accordance with Section 23.04.030 D.1.

e. Other. One freestanding sign allowed in accordance with this section may be permitted to have a programmable electronic sign component, subject to all of the following criteria:
- i. The programmable electronic sign component shall constitute no more than seventy-five percent of the sign area of that freestanding sign up to a maximum of nine hundred square feet; and
- ii. The freestanding programmable electronic sign shall be set back at least one hundred fifty feet from a residentially zoned parcel.

Scoreboard sign.
- a. Quantity. One scoreboard sign may be permitted for each large outdoor stadium space.
- b. Size. The aggregate sign area of a scoreboard sign shall not exceed four thousand three hundred fifty square feet.
- c. Height. The height of the scoreboard sign shall not exceed the height limit in the zoning district in which the sign is located, or a maximum of sixty feet in height above grade, whichever is less.
- d. Setback. The scoreboard sign shall be set back at least one hundred seventy-five feet from the public right-of-way and shall be set back at least five hundred feet from a residentially zoned parcel.
- e. Other. A scoreboard sign may have a programmable electronic sign component, subject to all of the following criteria:
  - i. The programmable electronic sign component may be permitted only along the back panel of a scoreboard that faces away from the permanent fixed seating arrangement.
  - ii. The sign area of the programmable component shall not exceed seventy-five percent of the scoreboard sign area up to a maximum of three thousand square feet.
Banner signs.
- a. Quantity.
  - i. A maximum of twenty banner signs may be permitted per parcel.
  - ii. A maximum of two such banner signs may be permitted per freestanding pole.
- b. Size. The sign area of any such banner shall not exceed thirty square feet.
- c. Height. The overall height of the pole, including all supporting structures and banner signs, shall not exceed sixty feet in height above grade.
- d. Setback. Banner signs attached to freestanding poles may be allowed along the plaza or perimeter of the stadium parcel, and may be located at the parcel line.

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Flat roof-top sign.
- a. Quantity. A maximum of two flat roof-top signs may be permitted on the stadium structure.

b. Size. Each flat roof-top sign shall not exceed a maximum of eight thousand two hundred square feet in sign area.

- c. Height. The flat roof-top signs shall be installed flat on the roof with no stations to elevate or tilt the signs in either direction. 

- d. Illumination. A flat roof-top sign may be externally or internally illuminated with continuous lighting between the hours of 6:00 a.m. and 12:00 a.m., but shall not be illuminated by any means after 12:00 a.m. and before 6:00 a.m.

B. Illumination standards.
1. Large outdoor stadium signs may be illuminated only with continuous external or internal lighting, unless otherwise specifically allowed in this section.
2. All large outdoor stadium signs that have a programmable electronic sign component shall also conform to the requirements of Section 23.02.905, except that a scoreboard sign with a programmable electronic sign component may be allowed to display animation video between the hours of 6:00 a.m. and 12:00 a.m., but the display must be changed to a static illumination between 12:01 a.m. and 5:59 a.m.
3. All signs located within the airport influence area or larger than three hundred square feet shall utilize automatic dimming technology as specified in Section 23.02.905 F.
C. Other provisions - Programmable electronic signs.
1. No more than one sign with a programmable electronic sign component shall be in use except during events that are open
- to the general public, including sports events, and private events with an attendance of one hundred or more persons.
- 1. Where multiple signs with a programmable electronic sign component are visible to motorists, the signs shall be changed at the same refresh rate to limit driver distraction.
D. Other provisions - General.
1. Notwithstanding the provisions of Section 23.02.1300 C, a development permit, or development permit amendment, shall be required for the following types of large outdoor stadium space signs:
  - a. Programmable electronic signs;
  - b. Flat roof-top signs; and
  - c. Any large outdoor stadium sign larger than three hundred square feet within an airport influence area.
2. Any application for large outdoor stadium sign shall include the following information in addition to any other information that the director may require: evidence of Federal Aviation Administration (FAA) "no hazard" determination where the sign is subject to Title 49 Code of Federal Regulations Part 77; a lighting study to determine appropriate lighting standards for signs within an airport influence area, signs larger than three hundred square feet and programmable electronic signs; and a copy of a draft sponsorship marketing plan agreement for display of commercial speech pursuant to a sponsorship marketing plan.
3. Any permit authorizing a sign located at a large outdoor stadium space shall be subject to the following conditions, in addition to any other conditions which may otherwise be imposed:
a. All permits. If notice is received by the city, the permittee or property owner that a large outdoor stadium sign is not in compliance with any law or regulation of the United

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States or the State of California, the sign shall be removed or modified to eliminate the cited noncompliance within thirty days of the date of such notice.

  - b. Permit for signs within airport influence area. Either a ceilograph machine (a mechanism which tracks cloud bases, measures fog and can be tied into the sign dimming system) shall be provided to activate automatic dimming based on cloud cover or fog level, or a contact person shall be available by telephone at all times and able to respond onsite to activate automatic dimming technology as directed by the airport control tower responsible for air traffic control in the airspace above the airport influence area in which the sign is located.

E. Additional provisions - Signage subject to the California Outdoor Advertising Act. To the extent allowed by law, the following additional requirements shall apply to any signage that may be allowable pursuant to this Section 23.04.032, if such signage is also subject to the permitting requirements of the California Outdoor Advertising Act (the "Act;" Business and Professions Code Section 5200):
1. Such signage shall not advertise products, goods or services related to tobacco, firearms, or sexually explicit material.
2. If such signage is a message center display as defined in the Act, space shall be made available as required by the Act for public service messages.
3. The application for a permit for such signage shall be accompanied by the certification of the California Department of Transportation that the ordinance(s) or proposed ordinance(s) authorizing the proposed signage meet(s) the minimum requirements set forth in the Act.

(Ords. 29529, 30748.)

23.04.035 Freeway signs. ¶

A. Quantity.
1. One freeway sign may be allowed on a parcel located not more than two hundred fifty feet from a freeway travel lane:
  - a. That is a shopping center site of at least fifteen acres in size, or
  - b. That is a parcel located in the North San José signage area that also meets the following criteria:
    - i. Is at least ten acres in size; and ii. Has at least eight hundred linear feet of freeway frontage; and
    - iii. Is developed for research and development as defined in Section 20.200.1000 or office, research and development as defined in Section 20.200.818, and has a zoning and general plan land use designation that supports such uses.
B. Size.
1. No freeway sign shall have a total sign area in excess of five hundred square feet.
C. Height.
1. No freeway sign shall exceed sixty feet in height above surrounding grade.
2. Exception:
  - a. The height of a freeway sign may exceed sixty feet above grade if the director determines that all of the following conditions exist:
    - i. The elevation of existing grade immediately adjacent to the freeway sign is more than ten feet below the elevation of a freeway travel lane located no greater than five hundred feet from the freeway sign; and
    - ii. The difference in grade pursuant to Section 23.04.040.C.2 cannot be resolved by moving

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the sign and that difference in grade obscures visibility of the sign from the freeway; and

  - iii. The height of the freeway sign above surrounding grade does not exceed one hundred feet; and 

  - iv. The height of a freeway sign located closer than four hundred feet from any residential dwelling unit does not exceed eighty feet in height above grade; and 

  - v. The freeway sign conforms to all other provisions of this title.

D. Location.
1. A freeway sign shall be located as close as possible to the nearest freeway travel lane.
2. A freeway sign that includes a programmable electronic sign shall be located no closer than one hundred fifty feet from any residential dwelling unit.
3. Any location requirements applicable under state or federal law, including but not limited to separation requirements.
E. Other provisions.
1. A freeway sign may include a programmable electronic sign that does not exceed seventy-five percent of the total sign area and is integrated with the total sign to form a cohesive design unit. In no case shall a programmable electronic sign exceed three hundred seventy-five square feet in area.
2. The illuminated face of any freeway sign shall be oriented towards the freeway and shall be oriented away from nearby residential dwelling units to the maximum extent feasible.
3. Any programmable electronic sign shall conform to the requirements of Section 23.02.905.

For the North San José signage area freeway signs allowed in accordance with Section 23.04.035.A above, the following additional regulations shall apply:
- a. No freeway sign shall be allowed within one hundred feet of the edge of a riparian corridor.

b. No freeway sign that is visible from a riparian corridor shall be illuminated between 12:01 a.m. and 5:59 a.m.
- c. A freeway sign located within the airport influence area:
  - i. Shall utilize automatic dimming technology as specified in Section 23.02.905.F.
  - ii. Any application for a freeway sign shall include the following information in addition to any other information that the director may require: evidence of Federal Aviation Administration (FAA) "no hazard" determination where the sign is subject to Title 49 Code of Federal Regulations Part 77, and a lighting study to determine appropriate lighting standards for signs within an airport influence area.
  - iii. Either a ceilograph machine (a mechanism which tracks cloud bases, measures fog and can be tied into the sign dimming system) shall be provided to activate automatic dimming based on cloud cover or fog level, or a contact person shall be available by telephone at all times and able to respond onsite to activate automatic dimming technology as directed by the airport control tower.

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Notwithstanding the provisions of Section 23.02.1300.C, a freeway sign shall require approval of a development permit.
Notwithstanding the provisions of Section 23.02.1010.A.9, a freeway sign may face and be visible from a freeway.
Sign base:
- a. All freeway signs shall have a base of at least eighteen inches in height. The height to the top of the base shall not be more than twenty feet above grade.
- b. The base shall be architecturally consistent with the main building of the parcel and the freeway sign it supports. The base shall be constructed of durable materials to reduce the likelihood of unsightly signs and blighted conditions.
- c. Landscaping shall be in accordance with Section 23.04.030.F.

(Ords. 28754, 29013, 29153, 29558.)

23.04.036 Business center signs. ¶

A. Quantity.
1. One (1) Business Center Sign may be allowed on a Business Center Site located within the North San José Signage Area and not more than three hundred (300) feet from a Freeway Travel Lane, if the Business Center Site also meets the following criteria:
  - a. Is at least six (6) acres in size; and
  - b. Has at least six hundred (600) continuous linear feet of Freeway Frontage or six hundred (600) continuous linear feet of Street Frontage that parallels and is visible to a Freeway Travel Lane; and
  - c. Is developed as a Destination Entertainment Facility and has a Zoning and General Plan Land Use Designation that supports such uses.
2. One (1) Business Center Sign may be allowed on a Business Center Site located within the North San José Signage Area or Alviso Master Plan Area, and not more than three hundred (300) feet from a Freeway Travel Lane, if the Business Center Site also meets the following criteria:
  - a. Is at least ten (10) acres in size; and
  - b. Has at least six hundred (600) continuous linear feet of Freeway Frontage or six hundred (600) continuous linear feet of Street Frontage that parallels and is visible to a Freeway Travel Lane; and
  - c. Is developed for Research and Development as defined in Section 20.200.1000 or for Office, Research, and Development as defined in Section 20.200.818 of Title 20 of this Municipal Code and has a Zoning and General Plan Land Use Designation that supports such uses.
B. Size. No Business Center Sign shall have a total Sign Area in excess of five hundred (500) square feet.
C. Height.
1. No Business Center Sign shall exceed sixty (60) feet in height above surrounding Grade.
2. Exception:
  - a. The height of a Business Center Sign may exceed sixty (60) feet above Grade if the Director determines that all of the following conditions exist:
    - i. The elevation of existing Grade immediately adjacent to the Business Center Sign is more than ten (10) feet below the elevation of a Freeway Travel Lane located no greater than five hundred (500) feet from the Business Center Sign; and

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  - ii. The difference in Grade pursuant to Section 23.04.036.C.2 cannot be resolved by moving the Business Center Sign and that difference in Grade obscures visibility of the Business Center Sign from the Freeway; and 

  - iii. The height of the Business Center Sign above Grade does not exceed one hundred (100) feet; and 

  - iv. The height of a Business Center Sign located within four hundred (400) feet from any residential dwelling unit does not exceed eighty (80) feet in height above Grade; and 

  - v. The Business Center Sign conforms to all other provisions of this Title.

D. Location.
1. A Business Center Sign shall be located as close as possible to the nearest Freeway Travel Lane.
2. A Business Center Sign that includes a Programmable Electronic Sign shall be located no closer than one hundred fifty (150) feet from any residential dwelling unit.

A Business Center Sign shall conform to any location requirements applicable under State or federal law, including but not limited to requirements related to separation between signs.

E. Other Provisions.
1. A Business Center Sign may include a Programmable Electronic Sign that does not exceed seventy-five percent (75%) of the total Sign Area and is integrated with the total Sign to form a cohesive design unit. In no case shall a Programmable Electronic Sign exceed three hundred and seventy-five (375) square feet in area.

The illuminated face of any Business Center Sign shall be oriented towards the Freeway and shall be oriented away from nearby residential dwelling units to the maximum extent feasible.
Any Programmable Electronic Sign shall conform to the requirements of Section 23.02.905.
A Business Center Sign shall be consistent with City Council Policy 6-34 "Riparian Corridor Protection and Bird Safe Design," as may be amended from time to time.
A Business Center Sign shall conform to Section 18.40.010 in Title 18 "Local Planning" of this Municipal Code pertaining to Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan.
No Business Center Sign shall be allowed within one hundred (100) feet of the edge of a Riparian Corridor.
No Business Center Sign that is visible from a Riparian Corridor shall be illuminated between 12:01 a.m. and 5:59 a.m.
A Business Center Sign located within the Airport Influence Area:
- a. Shall utilize automatic dimming technology as specified in Section 23.02.905.F.
- b. Any application for a Business Center Sign shall include the following information in addition to any other information that the Director may require: evidence of Federal Aviation Administration (FAA) "no hazard" determination where the Sign is subject to Title 49 Code of Federal Regulations Part 77, and a lighting study to determine appropriate lighting standards for Signs within an Airport Influence Area.
- c. Either a ceilograph machine (a mechanism which tracks cloud bases, measures fog and can be tied

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into the Sign dimming system) shall be provided to activate automatic dimming based on cloud cover or fog level, or a contact person shall be available by telephone at all times and able to respond onsite to activate automatic dimming technology as directed by the airport control tower.

Notwithstanding the provisions of Section 23.02.1300.C, a Business Center Sign shall require approval of a development permit.
Notwithstanding the provisions of Section 23.02.1010.A.9, a Business Center Sign may face and be visible from a Freeway.
Sign Base:

a. All Business Center Signs that are Freestanding Monument Signs shall have a base of at least eighteen (18) inches in height. The height of the base measured from Grade to the top of the base shall not be more than twenty (20) feet above Grade.
b. The base shall be architecturally consistent with the main building of the Parcel and the Business Center Sign it supports. The base shall be constructed of durable materials to reduce the likelihood of unsightly Signs and blighted conditions.
- c. Landscaping surrounding the Business Center Sign shall be in accordance with Section 23.04.030.F.

A Business Center Sign shall display the name of the Business Center, if named.
Placement of the Business Center Sign must result in the consolidation of Signs within the Business Center Site, such that fewer Signs will be displayed on the Site than would otherwise be allowed.
Additional requirements for any Business Center Sign located within the Alviso Master Plan Area:

a. The Sign shall conform to the following requirements:
- i. No sign shall be allowed within at least one hundred (100) feet of a state or federally protected wetland, a burrowing owl habitat as identified in the Santa Clara Valley Habitat Conservation Plan, or the vegetative edge of a Riparian Corridor or top of bank, whichever is greater.
- ii. No Sign shall direct lighting onto a wetland or Riparian Corridor.
- iii. No Sign shall include up-lighting or spotlights.
- iv. Non-emergency lighting on the sign shall be turned off, or shielded, at night to minimize light from signage that is visible to birds, especially during bird migration season (from February through May and from August through November); and
b. Any Sign, visible from a wetland, burrowing owl habitat or Riparian Corridor, shall be dimmed automatically one hour after sunset to 5% of their daylight luminance setting; and
c. No sign, visible from a wetland, burrowing owl habitat or Riparian Corridor, shall be illuminated between 9:59 p.m. and 5:59 a.m.; and
d. Any Sign that includes a programmable electronic component shall utilize shaders, or shall utilize other shading alternative(s) that the City determines will provide equivalent attenuation of upward illumination to the satisfaction of the Director of Planning; and

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e. No sign shall be allowed on the portion of a parcel that has an Open Space, Parklands and Habitat designation on the General Plan Land Use/Transportation Diagram, or in OS-Open Space and A-Agricultural Zoning Districts.

(Ords. 30189, 30250.)

23.04.038 Supergraphic signs. ¶

Supergraphic Signs may be allowed within the North San José Signage Area subject to the following criteria and conditions:

A. On a Building that has no residential use and a Building Height, as defined in Section 17.82.210 of this Code, of at least one hundred (100) feet or on a Parking Garage with three (3) or more parking levels above grade, one (1) Supergraphic Sign per Building is permitted subject to the following:
1. No Supergraphic Sign shall cover any portion of a window or door; and
2. No Supergraphic Sign shall be displayed for more than one hundred twenty (120) consecutive days and no Building shall display a Supergraphic Sign for more than one hundred twenty (120) days in a calendar year.
B. On a Building with no residential use, no more than to two (2) Supergraphic Signs are permitted per Building in connection with Large Events, subject to all of the following:
1. A Supergraphic Sign shall be displayed only during a Large Event and for a period up to seventy-five (75) additional days before and/or after the Large Event. The Supergraphic Sign shall be promptly removed at the end of the Large Event plus seventy-five (75) day period. No Building shall be allowed

to display a Supergraphic Sign under this subsection B. for more than one hundred eighty (180) days total in a calendar year.

No Supergraphic Sign shall be displayed at a height less than forty (40) feet above grade.
One additional flat-mounted Supergraphic sign attached to the roof of a Building shall be allowed.
No Supergraphic Sign shall obstruct Fire Department aerial access as required by California Fire Code Section D105 with local amendments.

C. All Supergraphic Signs shall conform to all of the following:
1. No Supergraphic Sign shall be located on an Historic Landmark Building;
2. A Supergraphic Sign shall be located on no more than one (1) Building Facade and the Sign Area shall not exceed the area of the Building Facade on which it is located, except that such Sign may be located on two (2) Building Facades provided the total Sign Area is not greater than would otherwise be allowed on the larger of the two (2) Building Facades;
3. A Supergraphic Sign may consist of non-contiguous segments;
4. No Supergraphic Sign shall be externally illuminated;
5. Except as provided in subsection (B)(3), no Supergraphic Sign shall be a Roof sign;
6. A Supergraphic Sign shall comply with all life safety requirements, including but not limited to all requirements of Titles 17 and 24 of this Code;

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  7. A Supergraphic Sign shall be maintained in good condition at all times and the Sign surface shall be free of dirt, rips and tears; 

  8. A Supergraphic Sign shall not reduce otherwise allowable Sign Area for a Building or Parcel; 

  9. A Supergraphic Sign shall be in conformance with any requirements applicable under state or federal law or regulations including but not limited to height, separation, or other location requirements;

A Supergraphic Sign authorized by subsection A. shall not be displayed on a Building concurrent with the display of a Supergraphic Sign authorized by subsection B.; and
1. In lieu of the requirements of Section 23.02.960, Supergraphic Signs are encouraged to have a translucent background, but may have an opaque background.

D. Notwithstanding the provisions of Section 23.02.1300 C. of this Code, a Supergraphic Sign shall require approval of an Administrative Permit.
(Ords. 29850, 30371, 31205.)

23.04.040 Illumination. ¶

A. Unless otherwise expressly provided herein, signs may be illuminated only with continuous lighting.
B. Signs may be illuminated with:

Part 2 DOWNTOWN SIGN ZONE

Sections:

23.04.100 Application. ¶

23.04.110 Amount of signage.

23.04.120 Types of signs.

23.04.124 Supergraphic signs.

23.04.130 Illumination. ¶

23.04.100 Application. ¶

A. This part shall govern standards for signage for all nonresidential uses in the downtown sign zone.

- B. The standards for signage for wholly residential uses within the downtown sign zone and for uses located in the OS Open Space or A Agricultural zoning district or in a residentially zoned district within the downtown sign zone shall be governed by Part 4 of this chapter. 

- C. Standards for temporary signs shall be governed by Parts 7 and 8 of this chapter. 

- D. For purposes of this title, "downtown sign zone'' shall mean the downtown growth area as defined in the planned growth areas diagram of the general plan. 

- E. For purposes of this title, "San Pedro Square signage area" shall mean that certain area encompassing those real property parcels located entirely within the area bounded by West Santa Clara Street, North San Pedro Street, West Saint John Street and Almaden Avenue. 

- (Ords. 24201, 27375, 28754, 29097, 29223.)

Neon tube lighting.
External lighting.
Internal lighting.
Halolighting.

C. Lighting of programmable electronic signs shall conform to the requirements of Section 23.02.905.

(Ords. 24201, 27034, 28754.)

23.04.110 Amount of signage. ¶

A. Except as provided in Subsection B. below:
1. The aggregate sign area of all signs on an occupancy frontage shall not exceed two and five-tenths square feet for each linear foot of occupancy frontage.
2. Except as otherwise specifically allowed in this part, the maximum sign area for

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any one sign shall not exceed one and five-tenths square feet for each linear foot of occupancy frontage where the sign is displayed except that in the San Pedro Square signage area the maximum area for any one sign on a single-story building shall be two and twenty-five hundredths (2.25) square feet for each linear foot of building frontage where the sign is displayed.

Signs may be displayed on more than one occupancy frontage, subject to the maximum amount of signage allowed for each occupancy frontage.

B. Instead of the signage amount permitted by Subsection A. above, an applicant, at applicant's option, may select any of the following methods, as applicable, for determining maximum amount of signage:
1. Maximum signage for a parcel may be based on street frontage instead of occupancy frontage. In such case, the total amount of signage on each street frontage shall not exceed one square foot for each linear foot of street frontage.
2. For an occupancy frontage including a marquee, maximum sign area of the marquee, maximum amount of other signage on the occupancy frontage and placement of signs may be determined by the director, subject to design approval.
3. For a single building with a footprint of one hundred twenty-five thousand square feet or more, maximum signage may be determined as follows:
  - a. A building with a footprint of one hundred twenty-five thousand square feet or more but less than one hundred seventy-five thousand square feet may have one programmable electronic sign plus other signage as allowed in Subsection c. below.
  - b. A building with a footprint of one hundred seventy-five thousand

square feet or more may have up to two programmable electronic signs plus other signage as allowed in Subsection c. below.

c. The total signage for the building, including programmable electronic sign(s) and other signage, shall not exceed seventy-five percent of the signage allowance computed as in Section 23.04.110A. above; however, the signage allowance computed as in Section 23.04.110A. above for all occupancy frontages of such building may be aggregated for the purpose of determining the maximum allowable size of the programmable electronic sign(s).
C. Inflatable signs expressly allowed under Section 23.04.120Q. below shall not reduce the allowable signage permitted under Sections 23.04.110A. and 23.04.110B.
D. Small assembly spaces may have as part of allowed signage one programmable electronic sign; and large assembly spaces may have as part of allowed signage up to two programmable electronic signs, all as described in Section 23.04.120J.4. below.

(Ords. 24201, 27864, 28754, 29097.)

23.04.120 Types of signs. ¶

A. Any combination of signs.
1. Signage allowed by Section 23.04.110 may consist of any combination of allowed freestanding signs, flat-mounted signs, projecting signs, awning signs, banners, inflatable or balloon signs, arcade signs, programmable electronic signs for assembly spaces, skyline signs and roof signs. Segmented signs are allowed.
2. Each occupancy frontage may also display window signs, temporary signs, safety or directional signs, and any other signs expressly authorized by this code.

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B. Freestanding signs.
1. Except as provided in this subsection, freestanding signs shall not exceed eight feet in height above grade.
2. Freestanding signs that are less than six feet wide may be up to twenty-five feet in height above grade.
3. The height of construction signs shall be as set forth in Section 23.04.610B 6.
4. Freestanding roof signs in accordance with Subsection G below and freestanding programmable electronic signs in accordance with Subsection J below shall not be subject to the foregoing height restrictions.
C. Flat-mounted signs.
1. Flat-mounted signs (except for permitted skyline signs, flat roof-top signs and banner signs) shall be displayed no higher than thirty feet above grade, except as otherwise specifically allowed in this section and in Section 23.04.120J 4. for assembly spaces.
2. Flat-mounted signs on buildings located within two hundred feet of the travel lane of a freeway may be located at a height of up to sixty feet above grade. Such signs may orient towards a freeway regardless of whether there is an intervening street.
3. Flat-mounted signs on buildings containing wholly non-residential uses and which buildings are one hundred forty feet or greater in height above grade may be located up to a height of sixty feet above grade.
4. Flat-mounted signs (except for permitted skyline signs, flat roof-top signs and banner signs) shall be displayed no higher than eighty feet above grade when the building meets all of the following criteria:
  - a. The building is eighty feet or greater in height above grade; and
  - b. The building has a building footprint of one hundred fifty thousand square feet or greater.
5. Flat-mounted signs shall not project more than two inches from the face of the building, except for:
  - a. Flat-mounted signs consisting of individual letters or letters attached to raceways; or
  - b. Flat roof-top signs that may project no more than sixty inches from the face of the roof.
D. Vertical projecting signs, fin signs and arcade signs.
1. Vertical projecting signs:
  - a. Shall be located at least twenty feet but no higher than seventy feet above grade, except that any vertical projecting sign with a total area that is one hundred square feet or less shall be located fifteen or more feet above grade; and
  - b. Shall project no more than five feet six inches from the building surface to which the sign is attached; and
c. May project above the cornice or parapet of a building a distance no greater than ten feet.
1. Fin signs.
  - a. Shall be located at least eight feet but no higher than thirty feet above grade, except that in the San Pedro Square signage area a fin sign on a single-story building may be located no higher than forty feet above grade;
  - b. Shall project no more than seven feet six inches from the building surface to which the sign is attached; and
  - c. May project above the cornice or parapet of a building a distance no greater than the vertical dimension of the sign divided by four, except that a fin sign located in the San

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Pedro Square signage area on a single-story building may project above the cornice or parapet a distance greater than the vertical dimension of the sign divided by four.

Arcade signs.
- a. Shall be located at least eight feet above grade.

E. Awning signs; porte-cochere signs.
1. Awning signs shall be located no higher than thirty feet above grade.
2. Signage on awnings shall be limited to twenty-five percent of the exterior surface area of the awning.
3. Signage on porte-cocheres shall be allowed only on vertical surfaces of the porte-cochere and shall be limited to twenty-five percent of the exterior surface area of the vertical surfaces of the portecochere.
F. Banner signs.
1. Freestanding banners shall comply with the provisions of Section 23.04.120 B. above.
2. Projecting banners shall comply with the provisions of Section 23.04.120 D. above.
3. Flat-mounted banners:
  - a. Shall not exceed twenty feet in width; and
  - b. Shall be located no higher than fifty feet above grade, provided that banners located higher than thirty feet above grade shall be mounted within building recesses or portals.
4. Notwithstanding any provision of this chapter to the contrary, buildings with a footprint of seventy-five thousand square feet or greater may erect banners only in compliance with all of the following criteria:
  - a. A total maximum of five banners shall be allowed at any time;
  - b. One banner may be up to a maximum of one thousand two hundred square feet in total sign area and
  - any and all remaining banners may be up to a maximum of six hundred square feet in total sign area; and
  - c. All banners shall be placed no higher than eighty feet above finished grade; and
  - d. All banners shall contain and display noncommercial messages only.
G. Skyline signs; roof signs.
1. Applicability.
  - a. Buildings eighty feet or greater in height above grade may have either skyline signs or roof signs; and
  - b. Non-garage uses on the top floor of parking garages may have skyline signs; and
  - c. Buildings that are no more than one story in height and located within the San Pedro Square signage area may have one roof sign.
2. Dimensions.
a. The total amount of square footage of sign area for all skyline signs or roof signs on buildings two hundred twenty-five feet or greater in height above grade shall not exceed two thousand square feet per building. Any one such skyline sign or roof sign shall not be larger than one thousand square feet.

b. The total amount of square footage of sign area for all skyline signs or roof signs on buildings one hundred ninety feet or greater in height above grade and less than two hundred twenty-five feet in height above grade shall not exceed one thousand four hundred square feet per building. Any one such skyline sign or roof sign shall not be larger than seven hundred square feet.

c. The total amount of square footage of sign area for all skyline signs or roof signs on buildings one hundred forty feet or greater in height

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above grade and less than one hundred ninety feet in height above grade shall not exceed one thousand one hundred square feet per building. Any one such skyline sign or roof sign shall not be larger than five hundred fifty square feet.

d. The total amount of square footage of sign area for all skyline signs on buildings greater than eighty feet and less than one hundred forty feet in height above grade shall not exceed five hundred square feet per building. Any one such skyline sign shall not be larger than two hundred fifty square feet.
e. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed seven hundred fifty square feet per building. Any one such skyline sign shall not be larger than five hundred square feet.
f. Notwithstanding the provisions of Section 23.04.110 A.2., the total amount of square footage of sign area for a roof sign on a building that is no more than one story in height and located in the San Pedro Square signage area shall not exceed two and twenty-five hundredths (2.25) square feet for each linear foot of building frontage. Such roof sign shall not extend more than ten feet above the cornice or parapet of a building.

Each skyline sign or roof sign shall be designed as an integral part of the building design and placed on a permanent architectural element which has been designed to accommodate it.
There shall not be both a skyline sign and a roof sign on the same building or on connected buildings.
1. Skyline signs and roof signs may be illuminated with external lighting; halolighting; and internal lighting if only the letters or symbols are illuminated. Such signs shall be illuminated only with continuous lighting, except that gradual color changes shall be allowed if there is no perception of flashing lights created.
2. Skyline signs and roof signs on buildings greater than eighty feet in height above grade shall not reduce otherwise allowable signage for the building or parcel.
3. Unless otherwise set forth in this section, a total of two skyline or roof signs are allowed per building.
Illuminated Skyline or Roof Signs located on buildings that are greater than eighty feet in height and less than one hundred and forty feet in height within one thousand (1,000) feet of a river or creek shall not be displayed to directly face that river or creek.

H. Window signs. Window signs consistent with Section 23.02.1060 of this title shall be allowed on first- and second-story windows.
I. Marquees.
1. Marquees are allowed for theatres and movie houses and on buildings containing marquees that historically were theatres or movie houses.
2. A marquee, including any vertical projection, is a single sign and an architectural element. The vertical projection of a marquee may project above the cornice line of a building.
3. Marquees may be animated signs or have animated sections.
4. Marquee signage shall not be subject to the size and placement limitations elsewhere in this part, but instead shall be subject to the provisions of Section 23.04.110 B.2.
J. Programmable electronic signs.
1. For a single building with a footprint of at least one hundred twenty-five thou-

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sand square feet, a maximum of two, attached programmable electronic signs are allowed, subject to the approval of the director, whose approval shall be issued when the sign or signs meet all of the following criteria:

a. The sign(s) shall be located no higher than twelve feet from grade unless the director finds that a greater height achieves a pedestrian-level orientation; and
b. The sign(s) shall not reduce or obscure glazing; and
c. Each sign does not exceed a maximum size of eighteen square feet in sign area; and
d. No sign is displayed on the exterior of that portion of a building containing residential uses.

For a building with one or more single ground-floor occupancy frontages of at least one hundred linear feet, a maximum of one attached programmable electronic sign is allowed per single groundfloor occupancy frontage, or one attached sign for any ground floor occupancy with a total frontage of at least one hundred fifty feet on two streets, subject to approval of the director, whose approval shall be issued when the sign meets all of the following criteria:
- a. The sign shall be mounted to the building and located no higher than twenty-five feet above grade; and
- b. The sign shall not reduce or obscure glazing; and
- c. The sign shall not exceed a maximum size of thirty-five square feet in sign area and shall not exceed seventy five percent of the total sign area; and
- d. The sign shall not be mounted on the exterior of or illuminate that

portion of a building facade or wall containing residential living units on the other side.

Programmable electronic kiosk signs. Programmable electronic kiosk signs are allowed subject to the following criteria and conditions:
- a. The total sign area on kiosks shall not exceed eighteen square feet per kiosk face in the aggregate, and no programmable electronic kiosk sign shall be located higher than eight feet in height above grade.

b. Programmable electronic kiosk signs may be animated and/or may be illuminated with continuous external or internal lighting.
- c. Programmable electronic kiosk signs shall not be displayed on kiosks located within two hundred feet of another kiosk displaying a programmable display kiosk sign.
- d. A minimum width of unobstructed sidewalk clearance of four feet shall be maintained around a kiosk for pedestrian traffic.

Assembly spaces.
- a. An attached or freestanding sign allowed for a small assembly space in accordance with Section 23.04.120 may have a programmable electronic sign component not to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or freestanding) shall include a programmable electronic sign.
  - i. The maximum height for a freestanding programmable electronic sign shall be twentyfive feet above grade.
  - ii. The maximum height for an attached programmable electronic sign shall be thirty feet from grade.

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b. An attached or freestanding sign allowed for a large assembly space in accordance with Section 23.04.120 may have a programmable electronic sign component not to exceed seventy-five percent of the allowable sign area.
- i. The maximum height for a freestanding or attached programmable electronic sign shall be fifty feet from grade.
c. Other criteria.
- i. The maximum area for a programmable electronic sign component shall be limited to fifty square feet if the sign is located one hundred feet from a residentially zoned parcel and to two hundred and fifty square feet for signs set back more than one hundred feet from a residentially zoned parcel.

Safety or directional signs for public parking garages.
- a. A safety or directional sign that is an attached sign with a programmable electronic sign component is allowed, subject to and so long as the sign fully meets the criteria set forth below in this Section 23.04.120 J.5., and such sign shall not reduce otherwise allowable signage for a public parking garage:
  - i. The programmable electronic sign component of the sign shall be integrated with the allowed attached sign; and
  - ii. The programmable electronic sign component of the sign shall not be greater than ten square feet in sign area.
- b. A safety or directional sign that is a freestanding sign with a programmable electronic sign component is allowed subject to and so long as

the sign fully meets the criteria set forth below in this Section 23.04.020 J., and such sign shall not reduce otherwise allowable signage for a public parking garage or for the parcel, as parcel is defined in Section 23.04.010, on which such sign is located:

  - i. A maximum of three such signs are allowed per parcel, as parcel is defined in Section 23.04.010; and 

  - ii. Each such sign shall be no more than ten square feet in sign area.

All programmable electronic signs and all programmable display kiosk signs shall conform to the provisions and requirements of Section 23.02.905 of this title.

K. Reserved.
L. Lightbox signs for service stations.
1. Lightbox signs at service stations shall not exceed twenty percent of the surface area of the lightbox up to a maximum of eight square feet.
2. Signage at service stations shall conform to Section 23.02.1110.
M. Architectural signs.
1. The total amount of architectural signs allowed on any one building shall not exceed a total maximum area of two hundred square feet per building, in the aggregate.
2. Each architectural sign shall be limited in area to a maximum of thirty-two square feet, except that one architectural sign of up to one hundred square feet in area may be located on one building frontage, all subject to the total maximum area allowed under Subsection 23.04.120 M.1. above.
3. Architectural signs may be allowed on the exterior of that portion of a building containing residential uses.

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N. Public parking garage signs.
1. Notwithstanding any other provisions of this code, one public parking garage sign per street frontage shall be allowed on any building containing a garage with two hundred or more parking spaces that are open and available for parking to the general public.
2. Such sign:
  - a. Shall be flat-mounted.
  - b. Shall be a maximum of one hundred square feet in sign area.
  - c. Shall be located at least thirty feet but no higher than seventy feet above grade and shall not project above the cornice or parapet of the building.
3. Such sign shall not reduce otherwise allowable signage for the parcel or building.
O. Freeway or highway off-ramp signs.
1. Subject to the provisions of Section 23.02.1180, a building greater than eighty feet in height above grade located on a parcel of real property that is directly adjacent to a freeway off-ramp or highway off-ramp may have only the following skyline or roof signs:
  - a. A maximum of two skyline or roof signs that conform to all of the applicable requirements set forth in Section 23.04.120 G.; or
  - b. A maximum of one skyline or roof sign that conforms to all of the applicable requirements set forth in Section 23.04.120 G. and one flatmounted sign that meets all of the following criteria:
    - i. The size of the sign shall not exceed a maximum of one hundred square feet in sign area;
    - ii. The sign shall be mounted to the building with an orientation that is perpendicular to,
      - and is not directly facing, the centerline of the freeway or highway off-ramp; and
    - iii. The sign shall not be visible from the main freeway or highway to which the off ramp is attached.
P. Flat roof-top signs.
1. Buildings with a footprint of one hundred fifty thousand square feet or greater may install a maximum of two flat rooftop signs that meet all of the following criteria:
  - a. Each flat roof-top shall not exceed a maximum of sixteen thousand square feet in sign area, and the total sign area of two flat roof-top signs shall not exceed a maximum of thirty-two thousand square feet; and

b. A flat roof-top sign may be externally or internally illuminated with continuous lighting between the hours of 7:00 a.m. and 12:00 a.m., but shall not be illuminated by any means after 12:00 a.m. and before 7:00 a.m.; and

- c. Any illumination of a flat roof-top sign shall fully conform with the city's lighting policies, unless an exception is granted therefor or applicable thereto; and 

- d. Any illumination of a flat roof-top sign shall not produce light that is visible with the naked eye from public areas located within one hundred feet of the building on which the sign is installed.

Q. Inflatable or balloon signs.
1. Inflatable or balloon signs may be allowed on sites and in a manner meeting all of the following criteria:
  - a. The size of the parcel on which the inflatable or balloon sign would be located shall be a minimum of seven acres; and

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  - b. A maximum of one inflatable or balloon sign may be installed on a building on each such parcel; and 

  - c. The sign must be safely and securely mounted to the roof of a building with a minimum floor area of fifty thousand square feet and a maximum height of fifty feet.

The inflatable or balloon sign allowed under this section must meet the additional following criteria:
- a. The inflatable or balloon sign shall be no greater than three thousand six hundred cubic feet in size; and
- b. The inflatable or balloon sign shall extend no higher than the lesser of the following heights:
  - i. Thirty feet above the building parapet or building roof surface if there is no parapet; or
  - ii. The height set forth in a no hazard determination by the Federal Aviation Administration; and
- c. The inflatable or balloon sign shall extend no more than ten feet below the building parapet or building roof surface if there is no parapet.

R. Projected light signs.
1. A building with a footprint of one hundred thousand square feet or greater may be allowed one projected light sign on the building per calendar year that meets all of the following criteria:
  - a. A projected light sign shall be no greater than twelve thousand square feet in area; and
  - b. A projected light sign shall be located no higher than sixty feet above grade; and
  - c. A projected light sign shall not be of an illumination intensity or character that creates a safety hazard or undue disturbance for vehicles, pedestrian or occupants in the area,

and shall conform to all applicable Federal Aviation Administration requirements; and

  - d. A projected light sign and associated projection equipment may be allowed only during such time period as specified in a permit issued by the director, finding that all the criteria specified in this section are met for a proposed projected light sign, and which time period in all instances shall not exceed a maximum period of sixty days per calendar year; and

A permit application for a projected light sign shall be signed by all private property owners upon whose real property a projected light sign is projected, upon whose property associated projection equipment is located, and upon whose property the associated projected light directly traverses.
1. A projected light sign may be animated.
2. A projected light sign shall not reduce otherwise allowed signage area for the building upon which it is projected nor for any other affected property.

(Ords. 24201, 24757, 25032, 25263, 25668, 26014, 26187, 26273, 26282, 27375, 27864, 28022, 28144, 28641, 28754, 29097, 29153, 29223, 29324, 30626.)

23.04.124 Supergraphic signs. ¶

A. One (1) Supergraphic Sign may be allowed on a Building that has no residential use and a Building Height, as defined in Section 17.82.210 of this Code, of at least one hundred (100) feet or on a Parking Garage with three (3) or more parking levels above grade, subject to the following:
1. No Supergraphic Sign shall cover any portion of a window or door; and
2. No Supergraphic Sign shall be displayed for more than one hundred twenty (120) consecutive days and no Building shall

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  - display a Supergraphic Sign for more than one hundred twenty (120) days in a calendar year.

B. On a Building with no residential use, no more than two (2) Supergraphic Signs are allowed per Building in connection with Large Events, subject to all of the following:
1. A Supergraphic Sign shall be displayed only during a Large Event and for a period up to seventy-five (75) additional days before and/or after the Large Event. No Building shall be allowed to display a Supergraphic Sign under this subsection B. for more than one hundred eighty (180) days total in a calendar year.
2. No Supergraphic Sign shall be displayed at a height less than forty (40) feet above grade.
3. One additional flat-mounted Supergraphic Sign attached to the roof of a Building shall be allowed.
4. No Supergraphic Sign shall obstruct Fire Department aerial access as required by California Fire Code Section D105 with local amendments.
C. All Supergraphic Signs shall conform to all of the following:
1. No Supergraphic Sign shall be located on an Historic Landmark Building;
2. A Supergraphic Sign shall be located on no more than one (1) Building Facade and the Sign Area shall not exceed the area of the Building Facade on which it is located, except that such Sign may be located on two (2) Building Facades provided the total Sign Area is not greater than would otherwise be allowed on the larger of the two Building Facades;
3. A Supergraphic Sign may consist of noncontiguous segments;
4. No Supergraphic Sign shall be externally illuminated;
5. Except as provided in subsection (B)(3), no Supergraphic Sign shall be a Roof sign;
6. A Supergraphic Sign shall comply with all life safety requirements, including but not limited to all requirements of Titles 17 and 24 of this Code;
7. A Supergraphic Sign shall be maintained in good condition at all times and the Sign surface shall be free of dirt, rips and tears;
8. A Supergraphic Sign shall not reduce otherwise allowable Sign Area for a Building or Parcel;
9. A Supergraphic Sign shall be in conformance with any requirements applicable under state or federal law or regulations including but not limited to height, separation, or other location requirements;
10. A Supergraphic Sign authorized by subsection A. shall not be displayed on a Building concurrent with the display of a Supergraphic Sign authorized by subsection B.; and

In lieu of the requirements of Section 23.02.960, Supergraphic Signs are encouraged to have a translucent background, but may have an opaque background.

D. Notwithstanding the provisions of Section 23.02.1300 C. of this Code, a Supergraphic Sign shall require approval of an Administrative Permit.
(Ords. 29850, 30371, 31205.)

23.04.130 Illumination. ¶

A. Unless otherwise expressly provided herein, external lighting, internal lighting, neon tube lighting, halolighting and any similar lighting technology is permitted.
B. Unless otherwise expressly provided herein, signs may be illuminated only with continuous lighting.
C. Lighting of programmable electronic signs and programmable electronic kiosk signs shall conform to the requirements of Section 23.02.905.
(Ords. 24201, 28754.)

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Part 2.5

URBAN MIXED-USE DEVELOPMENT AREA SIGN ZONE

Sections:

23.04.150 Application.

23.04.152 Definitions.

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23.04.154 Amount of signage. ¶

23.04.156 Types of signs. ¶

23.04.158 Illumination. ¶

23.04.150 Application. ¶

A. This part shall govern standards for signage in urban mixed-use development area sign zones.
B. The standards for signage for wholly residential uses within urban mixed-use development area sign zones shall be governed by Part 4 of this chapter, subject to the provisions for mixeduse residential facades contained in this part.
C. The standards for signage for nonresidential uses and vertically mixed uses within urban mixed-use development area sign zones shall be as set forth in this part.
D. The standards for temporary signs in urban mixed-use development area sign zones shall be governed by Parts 7 and 8 of this chapter.
(Ord. 26598.)

23.04.152 Definitions. ¶

For purposes of this part, the following terms shall have the following meanings:

A. An "urban mixed-use development area sign zone" means an area comprising a group of contiguous parcels of land that meets all of the following criteria:
1. Was developed or is being developed under a single planning process and coordinated implementation, such as a single planned development zoning and permit, that addresses uses and development on the entirety of the contiguous parcels within the area; and
2. Was developed or is being developed as an urban center with dense retail and commercial uses; and
3. Is a minimum of forty acres in size; and
4. At least fifty percent of the groundlevel parcels are developed with buildings:
  - a. That are greater than three stories in height; and
  - b. Whose ground levels are not separated from pedestrian-oriented streets by parking areas; and
5. At least thirty-five percent of commercial development is contained within vertically mixed-use buildings served by structure parking.
B. "Vertically mixed-uses" means a combination of commercial and residential uses contained within and occupying a single building of at least four stories where a minimum of forty percent of the groundfloor area is commercial or a minimum of forty percent of the ground-floor building frontage is commercial.
C. A "vertically mixed-use building" means a single building containing vertically mixed uses.
D. A "mixed-use commercial facade" means the exterior of that portion of a vertically mixed use building occupied by nonresidential uses.
E. A "mixed use residential facade" means the exterior of that portion of a vertically mixed-use building occupied by residential uses.
F. "Architectural signs" mean permanent signs that are 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.
G. "Vending cart signs" mean signs mounted on portable vending carts, which carts have been approved for location on the private property.
H. "Retail pavilion signs" mean signs mounted on single-story, stand-alone retail buildings that have a building footprint of five hundred square feet or less.
I. "Programmable display kiosk signs" mean programmable electronic signs mounted on a kiosk or kiosk-like structure that has a footprint of no more than twenty-

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five square feet, has a maximum side length of five feet, and is located on a private sidewalk or plaza.

(Ords. 26598, 29097.)

23.04.154 Amount of signage. ¶

A. Except as specifically allowed otherwise in this part, signage for non-residential uses and for any vertically mixed use building shall be based on commercial occupancy frontage.
B. Signage for vertically mixed use buildings shall be allowed on both the mixed use commercial facades and the mixed use residential facades, except as limited in this part.
C. Except as provided in Subsections 23.04.154D. and E. below:
1. The aggregate sign area of all signs allowed for a commercial occupancy frontage shall not exceed two and five-tenths square feet for each linear foot of occupancy frontage.
2. The maximum sign area for any one sign shall not exceed one and five-tenths square feet for each linear foot of commercial occupancy frontage where the sign is to be displayed.
3. Signs may be displayed for more than one occupancy frontage, subject to the maximum amount of signage allowed for each occupancy frontage.
D. Instead of the signage amount permitted by Subsection 23.04.154C. above, an applicant, at applicant's option, may select any of the following methods, as applicable, for determining maximum amount of signage:
1. Maximum signage for a parcel may be based on street frontage, instead of occupancy frontage. In such case, the total amount of signage on each street frontage shall not exceed two and five tenths square feet for each linear foot of street frontage.
2. For an occupancy frontage including a marquee, maximum sign area of the marquee, maximum amount of other signage
  - on the occupancy frontage and placement of signs may be determined by the director subject to design approval.
E. The amount of allowable signage permitted under Subsection 23.04.154C. above shall not be reduced by the following signage:
1. Signage for vending carts expressly allowed under Section 23.04.156L.; and
2. Signage for retail pavilions expressly allowed under Section 23.04.156M.; and
3. Architectural signs expressly allowed under Section 23.04.156K.; and
4. Programmable electronic signs and programmable display kiosk signs expressly allowed under Section 23.04.156N.

(Ords. 26598, 29097, 29153.)

23.04.156 Types of signs. ¶

A. Any combination of Signs.
1. Signage allowed by Section 23.04.154 may consist of any combination of allowed Free-standing Signs, Flat-mounted Signs, Projecting Signs, Awning Signs, and Banners. Segmented Signs are allowed.
2. Each occupancy frontage may also display Window signs, Temporary Signs, Safety or Directional Signs, and any other Signs expressly authorized by this Code.
3. Small Assembly Spaces may have one (1) Attached or Free-standing Programmable Electronic Sign as part of the allowed signage pursuant to the provisions of subsection 23.04.156 J.2. below.
B. Free-standing Signs.
1. Except as provided in this subsection, Free-standing Signs shall not exceed eight (8) feet in height above grade.
2. Free-standing Signs that are less than six (6) feet wide may be up to twenty-five (25) feet in height above grade.
3. The height of Construction Signs shall be as set forth in Section 23.04.610 B.6.
C. Flat-mounted Signs.
1. Flat-mounted Signs (except for Architectural Signs allowed under Section

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  - 23.04.156 K.) shall be displayed no higher than the finished floor elevation of the fourth floor, except as otherwise specifically allowed in this Section, and in any event shall be displayed at a height no greater than forty-five (45) feet.

Flat-mounted Signs shall not project more than two (2) inches from the face of the building, except for Flat-mounted Signs consisting of individual letters or letters attached to raceways.
Flat-mounted Signs shall not be displayed on mixed use residential facades.

D. Vertical Projecting Signs.
1. Vertical Projecting Signs located adjacent to a street of less than one hundred twenty (120) feet in width shall be located at least twenty (20) feet above grade but may project no higher than sixty (60) feet above grade. Vertical Projecting Signs located adjacent to a street of one hundred twenty (120) feet or greater in width shall be located at least fourteen (14) feet above grade, but may project no higher than seventy (70) feet above grade.
2. Vertical Projecting Signs located adjacent to a street of less than one hundred twenty (120) feet in width shall project out from a building face no more than five feet six inches (5'6"). Vertical Projecting Signs located adjacent to a street of one hundred twenty (120) feet or greater in width shall project out from a building face no more than ten (10) feet.
3. Vertical Projecting Signs located adjacent to a street of less than one hundred twenty (120) feet in width shall not project above the cornice or parapet of a building. Vertical Projecting Signs located adjacent to a street of one hundred twenty (120) feet or greater in width may project a maximum of ten (10) feet above the cornice or parapet of a building.
4. Vertical Projecting Signs shall be permitted on mixed use residential facades.

E. Fin Signs and Arcade Signs. 1. Fin Signs.

- a. Fin Signs shall be located no higher than the height of the finished floor elevation of the fourth floor of the building;

b. Shall project no more than one-half the width of the sidewalk over which the Sign projects or seven feet six inches (7'6"), whichever is less; and
```
- c. Fin Signs shall be permitted on mixed use residential facades. 
```
1. Arcade Signs.
  - a. Arcade Signs shall be located at least seven (7) feet above grade; and
  - b. Do not exceed ten (10) square feet in area per side.
F. Awning Signs; Porte-Cochere Signs.
1. Awning Signs shall be located no higher than the finished floor elevation of the fourth floor above grade; provided, however, that Awning Signs on mixed use residential facades shall be located no higher than the finished floor elevation of the second residential floor above grade.
2. Signage on awnings shall be limited to thirty-five percent (35%) of the exterior surface area of the awning.
3. Signage on Porte-Cocheres shall be allowed only on vertical surfaces of the Porte-Cochere and shall be limited to thirty-five percent (35%) of the exterior surface area of the vertical surfaces of the Porte-Cochere.
4. Signage on awnings and Porte-Cocheres shall be permitted on mixed use residential facades, subject to the limitations in subsection 23.04.156 F.1. above.
G. Banner Signs.
1. Free-standing Banners shall comply with the provisions of Section 23.04.156 B. above.
2. Projecting Banners shall comply with the provisions of Section 23.04.156 D. above.

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Flat-mounted Banners are not allowed.

H. Window Signs. Window Signs consistent with Section 23.02.1060 of this Title shall be allowed on first- and second-story windows.
I. Marquees.
1. Marquees are allowed for theatres and movie houses and on buildings containing Marquees that historically were theatres or movie houses.
2. A Marquee, including any vertical projection, is a single Sign and an architectural element. The vertical projection of a Marquee may project above the cornice line of a building.
3. Marquees may be Animated Signs or have animated sections.
4. Marquee signage shall not be subject to the size and placement limitations elsewhere in this Part, but instead shall be subject to the provisions of Section 23.04.154 C.2. above.
J. Programmable Electronic Signs.
1. For a single building with a footprint of at least one hundred twenty-five thousand (125,000) square feet, a maximum of two attached Programmable Electronic Signs shall be allowed, subject to the approval of the Director, whose approval shall be issued when the Sign or Signs meet all of the following criteria:
  - a. The Sign(s) shall be located no higher than twelve (12) feet from grade unless the Director finds that a greater height achieves a pedestrian-level orientation; and
  - b. The Sign(s) shall not reduce or obscure glazing; and
  - c. Each Sign does not exceed a maximum size of eighteen (18) square feet in Sign area; and
  - d. No Sign is displayed on a mixed-use residential façade.
2. An Attached or Free-standing Sign allowed for a Small Assembly Space in accordance with Section 23.04.154 may

have a Programmable Electronic Sign component not to exceed seventy-five percent (75%) of the allowable Sign area. No more than one Sign (Attached or Free-standing) shall include a Programmable Electronic Sign component.

a. The maximum area for a Programmable Electronic Sign component shall be limited to fifty (50) square feet if the sign is one hundred (100) feet or less from a residentially zoned parcel and limited to a maximum of one hundred (100) square feet for a Sign setback more than one hundred (100) feet from a residentially zoned parcel.
b. The maximum height for the Freestanding sign with a Programmable Electronic Sign component shall be twenty-five (25) feet, and the maximum height for an attached sign with a Programmable Electronic Sign component shall be thirty (30) feet above grade.
c. Operation of the Programmable Electronic Sign shall conform to the provisions of Section 23.02.905.

Safety or Directional Signs for Public Parking Garages.
- a. A Safety or Directional Sign that is an Attached Sign with a Programmable Electronic Sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Section 23.04.156 J.3., and such sign shall not reduce otherwise allowable signage for a Public Parking Garage:
  - i. The Programmable Electronic Sign component of the Sign shall be integrated with the allowed Attached Sign; and
  - ii. The Programmable Electronic Sign component of the Sign shall not be greater than ten (10) square feet in Sign area.

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  - b. A Safety or Directional Sign that is a Free-standing Sign with a Programmable Electronic Sign component is allowed, subject to and so long as the Sign fully meets the criteria set forth below in this Section 23.04.156 J.3., and such Sign shall not reduce otherwise allowable signage for a Public Parking Garage or for the parcel, as parcel is defined in Section 23.04.010, on which such Sign is located: 

     - i. A maximum of three (3) such Signs are allowed per parcel, as parcel is defined in Section 23.04.010; and 

     - ii. Each such Sign shall be no more than ten (10) square feet in Sign area.

Operation of all Programmable Electronic Signs shall conform to the provisions of Section 23.02.905.

K. Architectural signs.
1. The total amount of Architectural Signs allowed on any one building shall not exceed a total maximum area of two hundred (200) square feet per building in the aggregate.
2. Each Architectural Sign shall be limited in area to a maximum of thirty-two (32) square feet, except that one (1) architectural sign of up to one hundred (100) square feet in area may be located on one (1) building frontage, all subject to the total maximum area allowed under subsection 23.04.156 N.1. below.
3. Architectural signs shall be allowed on mixed use residential facades.
L. Vending cart signs. The total amount of vending cart signs allowed on any one vending cart shall be limited by a maximum of sixteen (16) square feet of total signage allowed in the aggregate per vending cart and a maximum area of four (4) square feet per vending cart sign.
M. Retail pavilion signs.
1. The aggregate Sign area of all retail pavilion signs allowed on an occupancy frontage shall not exceed one and fivetenths (1.5) square feet for each linear foot of occupancy frontage, except as provided in this subsection.
2. The maximum Sign area for any one (1) retail pavilion sign shall not exceed one (1) square foot for each linear foot of occupancy frontage where the retail pavilion sign is displayed.
3. Retail pavilion signs may be displayed for more than one (1) occupancy frontage, subject to the maximum amount of signage allowed for each occupancy frontage.
4. Retail pavilion signage allowed by subsection M.1. may consist of any combination of allowed Flat-mounted Signs, Projecting Signs, and Awning Signs.
5. Each Occupancy Frontage Also May Display Window Signs, Temporary Signs, Safety Or Directional Signs, And Any Other Signs Expressly Authorized By This Code.
6. No retail pavilion Sign shall extend above the retail pavilion building parapet or eave.
7. Instead of the signage permitted by subsection M.1. above, an applicant, at the applicant's option, may for one (1) occupancy frontage per pavilion, substitute a Programmable Electronic Sign that conforms with all of the following criteria:
  - a. The size of the Programmable Electronic Sign shall not exceed a maximum area of eighteen (18) square feet.
  - b. The Programmable Electronic Sign shall be flat mounted to the wall of the retail pavilion and shall not extend above the retail pavilion building parapet or eave.

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N. Programmable Display Kiosk Signs. Programmable Display Kiosk Signs are allowed subject to the following criteria and conditions:
1. The total Sign area on kiosks shall not exceed eighteen (18) square feet per kiosk face in the aggregate, and no Programmable Display Kiosk Sign shall be located higher than eight (8) feet in height above grade.
2. Programmable Display Kiosk Signs may be Animated Signs and/or may be illuminated with continuous external or internal lighting.
3. Programmable Display Kiosk Signs shall not be displayed on kiosks located within forty (40) feet of another kiosk displaying a Programmable Display Kiosk Sign.
4. A minimum width of unobstructed sidewalk clearance of at least four (4) feet shall be maintained around a kiosk for pedestrian traffic.
5. The maximum number of kiosks on which a Programmable Display Kiosk Sign may be displayed shall be the number equivalent to one (1) kiosk per every five (5) acres of development within the Urban Mixed-Use Development Area Sign Zone.
O. Skyline/Roof Signs. Skyline/Roof Signs are allowed subject to the following criteria and conditions:

Skyline Signs shall be allowed on Buildings less than eighty (80) feet in height, and either Skyline or Roof Signs on Buildings eighty (80) feet or greater in height.
1. The cumulative Sign area shall not exceed five hundred (500) square feet per Building, and no individual Sign area shall be greater than two hundred and fifty (250) square feet.
2. Skyline Signs and Roof Signs shall not reduce otherwise allowable signage for the Building.
3. Non-garage uses on the top floor of Parking Garages may have Skyline Signs.
Each Skyline Sign or Roof Sign shall be designed as an integral part of the Building design and placed on a permanent architectural element which has been designed to accommodate it.
Skyline Signs and Roof Signs may be illuminated with external lighting; halolighting; and internal lighting if only the letters or symbols are illuminated. Such Signs shall be illuminated only with continuous lighting except that gradual color changes shall be allowed if there is no perception of flashing lights created.
Illuminated Skyline or Roof Signs located on Buildings within one thousand (1,000) feet of a river or creek shall not be displayed to directly face that river or creek.

(Ords. 26598, 28582, 29097, 29153, 29223, 30371.)

23.04.158 Illumination. ¶

A. Unless otherwise expressly provided herein, external lighting, internal lighting, neon tube lighting, halolighting and any similar lighting technology is permitted.
B. Unless otherwise expressly provided herein, signs may be illuminated only with continuous lighting.
C. Any illumination of a programmable electronic sign shall conform to the requirements of Section 23.02.905.

(Ords. 26598, 29097.)

Part 3 AIRPORT SIGN ZONE

Sections:

23.04.200 Application. ¶

23.04.210 Basic sign allowance. ¶

23.04.215 Additional freestanding signs. ¶

23.04.220 Additional signs.

23.04.230 Monument signs.

23.04.240 Temporary signs.

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23.04.250 Illumination. ¶

23.04.260 Other provisions. ¶

23.04.200 Application. ¶

A. This part shall govern standards for signage in the airport sign zone.
B. For purposes of this title, "airport sign zone" shall mean property located at the City of San José International Airport and visible from public right-of-way not located within the airport boundaries. Public right-of-way not located within the airport boundaries include without limitation Guadalupe Parkway, Highway 101, Interstate 880, Coleman Avenue, Martin Avenue and De La Cruz Boulevard.
C. All signs located within the airport sign zone, including signs subject to Subsection B above, shall be subject to approval and enforcement authority of the director of aviation.
D. Nothing contained herein shall be construed to require the director of aviation to approve a sign on airport parcels where such sign is prohibited or not allowed by the lease agreement between the tenant and the city.
(Ords. 24201, 29747.)

23.04.210 Basic sign allowance. ¶

Buildings with occupancy frontage on external public rights-of-way, as identified in Section 23.04.200.B, shall be allowed either one flat-mounted sign or one freestanding sign in accordance with the following requirements:

A. Flat-mounted sign.
1. Each building may display one flatmounted sign.
2. Such sign shall be attached to the occupancy frontage which is the major entryway for the building and shall not exceed one square foot in area for each linear foot of such occupancy frontage.
3. Signs shall be mounted to the facade of the building to coordinate with building architecture. Signs shall not:
  - a. Protrude more than six inches from the facade of the building; or
  - b. Hang from a canopy or eaves; or
  - c. Project above the roof line of the building.
4. Signs, including street and/or building numbers, shall not be painted directly onto building surfaces.
5. No signs, except safety or directional signs, shall be placed on hangar doors or on fences.
B. Freestanding sign.
1. In the event a flat-mounted sign is not feasible on a building, one freestanding sign shall be permitted.
2. The height of the sign, including supporting structure, shall not exceed five feet above grade, and the maximum width shall be ten feet.
3. The sign shall be placed within ten feet of the building occupancy frontage which is the major entryway for the building, and shall be installed parallel to the curb.

(Ords. 24201, 29747.)

23.04.215 Additional freestanding signs. ¶

A. One additional freestanding sign shall be allowed at each of the following vehicular entrances to the airport:
1. Northeast quadrant of Coleman Avenue at Airport Boulevard;
2. West side of Airport Boulevard at Skyport Drive; and
3. West side of Airport Boulevard at Airport Parkway.

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B. Each such sign allowed pursuant to Subsection A above shall be subject to the following regulations:
1. The sign area of each sign shall not exceed three hundred fifty square feet.
2. Each freestanding sign may include a programmable electronic sign that does not exceed seventy square feet and that is integrated with the total sign to form a cohesive design unit. All programmable electronic signs shall conform to the requirements of Section 23.02.905.
3. Each such sign, including the sign base, shall not exceed a maximum height of ten feet above grade.
4. Each sign shall be set back at least one hundred feet from the edge of a riparian corridor.
5. Sign base.
  - a. Each freestanding sign shall have a base of at least eighteen inches in height. The height to the top of the base shall not be more than three feet above grade.
  - b. The base shall be architecturally consistent with the freestanding sign it supports.
  - c. Signage shall not be allowed in the base area.

(Ord. 29747.)

23.04.220 Additional signs. ¶

In addition to other allowed signage, each airport parcel with street frontage on an external public right-of-way, as identified in Section 23.04.200, shall be allowed the following signs:

A. One freestanding sign, as follows:
1. The height of the sign, including supporting structure, shall not exceed eight feet above grade, and the maximum width shall be ten feet.
2. The sign shall be located within fifteen feet of the curb and shall be installed perpendicular to the face of the curb.
3. The sign shall be double-faced, with matte black background and white letters (reflective or nonreflective).
B. Window signs consistent with Section 23.02.1060 of this title shall be allowed on first-story windows.
C. Signage on a porte-cochere, as follows:
1. Signage shall be limited to one portecochere per building located at the primary entryway for the building.
2. Signage shall be allowed only on vertical surfaces of the porte-cochere and shall be limited to twentyfive percent of the exterior surface area of the vertical surfaces of the porte-cochere.

(Ords. 24201, 29747.)

23.04.230 Monument signs. ¶

In addition to other allowed signage, an airport parcel which contains buildings whose aggregate footprints exceed two hundred fifty thousand square feet shall be permitted one monument sign, which may be a programmable electronic sign, as follows:

A. The height of the sign shall not exceed twenty feet above grade, and the maximum width shall be twenty-five feet.
B. The sign may be double-faced. Each face shall not exceed two hundred square feet in sign area.

(Ords. 24201, 29747.)

23.04.240 Temporary signs. ¶

Each airport parcel may display up to two temporary signs at any time. The following temporary signs are allowed:

A. Real estate signs. One temporary sign, not larger than forty square feet, may be displayed that is related to the lease or sale of the real property on which the sign is placed, while such property is for sale or lease and for a period of thirty days after such property is sold.

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B. Construction signs.
1. Construction signs related to construction on the property on which the sign is placed may be displayed one hundred eighty days prior to the commencement of construction, during construction and for a period not longer than thirty days after completion of construction.
2. Construction signs attached to fences that enclose construction sites and no higher than ten feet above grade shall have no size limitation.
3. Construction signs not attached to such fences may not exceed one hundred fifty square feet in sign area and shall be limited to one such sign per street frontage.
4. Construction signs shall not be illuminated.
C. Other temporary signs. One other temporary sign not larger than ten square feet may be displayed for no more than a total of three months in any calendar year.
(Ords. 24201, 29747.)

23.04.250 Illumination. ¶

A. Unless otherwise expressly provided in this part, signs may be illuminated only with continuous external or internal lighting.
B. Uniform lighting is required in translucent graphics or backlighted signs.
C. Floodlighting is permitted if there is no glare and the lighting is architecturally coordinated.
D. Neon letters are prohibited.
E. Lighting of programmable electric signs shall conform to the requirements of Section 23.02.905.
(Ords. 24201, 29747.)

23.04.260 Other provisions. ¶

A. Segmented signs are allowed.
B. Banner signs are allowed only as temporary signs.

(Ords. 24201, 29747.)

Part 4 OS, A, R-1-RR, R-1-1, R-1-2, R-1-5, R-1-8, R-2, R-M, R-MH, OPEN SPACE, AGRICULTURAL, AND RESIDENTIAL ZONING DISTRICTS

Sections:

23.04.300 Application. ¶

23.04.310 Signs in OS open space zoning districts. ¶

23.04.320 Signs on residential parcels. ¶

23.04.330 Signs on nonresidential parcels. ¶

23.04.340 Temporary signs. ¶

23.04.360 Illumination. ¶

23.04.300 Application. ¶

In addition to the provisions set forth in Chapter 23.02, this part shall govern signage standards in the OS, A, R-1-RR, R-1-1, R-1-2, R-1-5, R-1-8, R-2, R-M, R-MH, open space, agricultural, and residential zoning districts and for all residential uses in other zoning districts and in special sign zones.

(Ords. 24201, 29558.)

23.04.310 Signs in OS open space zoning districts. ¶

No signage whatsoever shall be erected or maintained in OS open space zoning districts except upon issuance of and in compliance with a conditional use permit issued as provided in Part 6 of Chapter 20.100 of Title 20 of this Code. (Ord. 24201.)

23.04.320 Signs on residential parcels. ¶

A. Quantity.
1. Subject to Subsections 23.04.320.A.2 and A.3 below, one attached or freestanding sign shall be allowed on each residential parcel.

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For residential developments consisting of at least one building with one hundred residential units or more, two attached signs or two freestanding signs or a combination of one attached sign and one freestanding sign shall be allowed for each frontage on a public street.
For each residential development consisting of more than two thousand residential units and located on fifty or more acres, one additional freestanding sign shall be allowed for each frontage of the single residential development on a public street consisting of at least four moving travel lanes and identified on the general plan transportation diagram at the time the sign was approved.

B. Size.
1. The aggregate sign area of all attached and freestanding signs allowed under this section shall not exceed one square foot of sign area for each occupancy unit on the parcel, except as otherwise allowed in this part.
2. Each individual sign shall not exceed a maximum of thirty-two square feet in size, except as otherwise allowed in this part.
3. Unless otherwise specified in this part, signage for residential developments consisting of at least one building with one hundred residential units or more shall be subject to the following:
  - a. The sign area for each attached sign shall not exceed thirty-two square feet; and
  - b. Freestanding signs shall not exceed one square foot of sign area for each eight linear feet of street frontage, up to a maximum of thirty-two square feet in sign area.
C. Height.
1. Attached signs shall not be displayed higher than twelve feet above grade, except for skyline signs, residential develop-

ments consisting of at least one building one hundred units or more, and awning signs as indicated in this part.

Subject to Section 23.04.320.C.3 below, freestanding signs shall not be more than three feet in height and shall not be located more than five feet from the primary residential building.
For residential developments consisting of at least one building with one hundred residential units or more:
- a. Attached signs shall be displayed no greater than thirty feet in height above grade.
- b. An attached sign may be displayed over, under or on a permanent projecting canopy that is architecturally integrated with the design of the building, subject to the following:
  - i. Both an attached sign and an awning sign shall not be placed on the same permanent projecting canopy.
  - ii. If the attached sign is located under a permanent projecting canopy, such sign shall be displayed at least seven feet above grade.

c. Freestanding signs shall be allowed up to five feet in height for each fifty units located on the subject site. The maximum height of a freestanding sign shall be no greater than fifteen feet above grade, except in the North San José signage area where the maximum height of a freestanding sign shall be no greater than twenty feet above grade.
D. Setbacks.
1. Freestanding signs shall be located at least twenty-five feet from the side and rear property lines of the parcel.

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In the case of parcels less than fifty feet wide, signs shall be located as far from the side property lines of the parcel as possible.
Freestanding signs shall be set back a minimum of ten feet from the front property line of the parcel, except:
- a. For residential developments consisting of at least one building with one hundred residential units or more, freestanding signs shall be set back a minimum of seven feet from the front property line of the parcel.
Freestanding signs shall be separated by a distance of at least ten feet from each other unless otherwise provided in this section.

E. Other types of signs. The following types of signage shall be allowed and shall not reduce the types and quantity of signage that are otherwise allowed under this part.
1. Skyline signs. Residential or mixed-use residential buildings one hundred forty feet to one hundred ninety feet in height above grade may have one skyline sign in addition to other allowable signage for the building or the parcel, subject to the following provisions:
  - a. The total sign area for the skyline sign shall not exceed two hundred fifty square feet of signage.
  - b. Each skyline sign shall be designed and constructed as an integral part of the building and placed on a permanent architectural element that has been designed and constructed to accommodate such signage.
  - c. The skyline sign shall not illuminate or be mounted on the exterior of that portion of the building facade containing residential living units.
2. Awning signs. Residential developments consisting of at least one building with

one hundred residential units or more may have awning signs subject to the following provisions:

  - a. A maximum of two awning signs per building frontage may be placed upon each discrete surface of an awning. 

  - b. Each awning sign shall be no greater than ten square feet in sign area. 

  - c. Awning signs shall be located at least seven feet but no greater than twelve feet in height above grade. 

  - d. Awning signs shall maintain a minimum three-inch clearance from each edge of the discrete surface of the awning on which the sign is placed.

Window signs. Window signs in conformance with Section 23.02.1060 of this title shall be allowed.

F. Other provisions.
1. Window, awning, projecting and segmented signs shall not be allowed unless otherwise specified in this part.
2. Signs shall not be displayed on accessory structures.
3. Illumination:

a. Signs shall not be illuminated, except for required safety or directional signs, or as otherwise allowed in this part.

- b. Signs located within one hundred feet of a riparian corridor shall not be illuminated. 

- c. Signs on residential developments consisting of at least one building with one hundred residential units or more may be illuminated with external lighting, halolighting, and internal lighting if only the letters or symbols are illuminated. Such signs shall be illuminated only with continuous lighting. 

- d. Subject to Subsection E.1.c of this Section 23.04.320, skyline signs may

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be illuminated with external lighting, halolighting, and internal lighting if only the sign area is illuminated. Such signs shall be illuminated only with continuous lighting, except that gradual color changes shall be allowed if there is no perception of flashing lights created.

(Ords. 24201, 26273, 29097, 29380, 29558.)

23.04.330 Signs on nonresidential parcels. ¶

A. Quantity.
1. One attached or freestanding sign shall be allowed on each nonresidential parcel that has a street frontage of less than two hundred feet.
2. One attached and one freestanding sign shall be allowed on a parcel that has a street frontage of two hundred linear feet or more.
B. Size. Each sign shall not exceed one square foot of sign area for each eight linear feet of street frontage, up to a maximum of thirtytwo square feet.
C. Height.
1. Attached signs shall not be displayed higher than twelve feet above grade.
2. Freestanding signs shall not be more than four feet in height.
3. Freestanding signs may be up to ten feet in height if located behind the required front setback of the zoning district.
D. Setbacks.
1. Signs shall be located at least twenty-five feet from the side and rear property lines of the parcel.
2. In the case of parcels less than fifty feet wide, signs shall be located as far from the side property lines of the parcel as possible.
3. Freestanding signs shall be set back a minimum of ten feet from the front property line of the parcel.
4. Programmable electronic signs shall be at least one hundred fifty feet from a residentially zoned parcel.
E. Other provisions.
1. Window, awning, projecting and segmented signs shall not be allowed unless otherwise specified in this part.
2. Signs shall not be displayed on accessory buildings.
3. Illumination:
  - a. Signs shall not be illuminated, except for required safety or directional signs or as otherwise allowed in this part.
  - b. Where allowed under this part, signs may be illuminated with external lighting, halolighting, and internal lighting if only the sign area is illuminated and with continuous lighting.
  - c. Signs located within one hundred feet of a riparian area, river or creek shall not be illuminated.
F. Programmable electronic signs.
1. Signage allowed in accordance with Section 23.04.330 B. above, for a small assembly space, may have one programmable electronic sign component not to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or freestanding) shall include a programmable electronic sign component. Operation of a programmable electronic sign shall conform to the provisions of Section 23.02.905.
G. Other types of signs. The following types of signage do not reduce the types and quantity of signage that are otherwise allowable under this part:
1. Awning signs. Awning signs shall be allowed on a parcel that has a street frontage of at least two hundred linear feet or more subject to the following criteria:
  - a. A maximum of two awning signs may be placed upon each discrete surface of an awning.

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  - b. Each awning sign shall be no greater than ten square feet in area. 

  - c. Awning signs shall be located at least seven feet but no greater than twelve feet in height above grade. 

  - d. Awning signs may be illuminated.

e. Awning signs shall maintain a minimum three-inch clearance from each edge of the discrete surface of the awning on which each awning sign is placed.
1. Window signs.
  - a. Window signs consistent with Section 23.02.1060 of this title are allowed on the first floor.
  - b. Window signs shall not be allowed above the first floor, except window signs may be displayed on secondstory occupancy frontages with no separate ground-level frontages.
(Ords. 24201, 29097, 29380.)

23.04.340 Temporary signs. ¶

A. Unless expressly provided otherwise elsewhere, each parcel may display up to two temporary signs at any time.
B. The following temporary signs are permitted:
1. Real estate signs. One temporary sign related to the lease or sale of the real property on which the sign is placed, as follows:
  - a. Such sign shall not exceed thirtytwo square feet in sign area on any nonresidential parcel.
  - b. Such sign shall not exceed eight square feet in sign area on any residential parcel.
  - c. Such sign shall be removed within ten days after the property to which it refers is no longer for sale or lease.
2. Construction signs.
  - a. Construction signs related to construction on the property on which the sign is placed may be displayed fourteen days prior to the com-

mencement of construction, during construction and for a period of no longer than seven days after completion of construction.

  - b. Construction signs on or attached to fences that enclose construction sites and no higher than ten feet above finished grade shall have no size limitation, subject to a maximum aggregate sign area of sixtyfour square feet per frontage. 

  - c. Construction signs not on or attached to fences shall not exceed thirty-two square feet in size and shall be limited to one such sign per street frontage.

Other temporary signs. One other temporary sign may be displayed for no more than a total of two months in any calendar year, as follows:
- a. Such sign shall not exceed ten square feet in sign area on any nonresidential parcel.
- b. Such sign shall not exceed five square feet in sign area on any residential parcel.

C. In addition to the signs described in subsections A. and B. above, unimproved parcels may display the following temporary signs:
1. One temporary sign related to the lease or sale of any real property as follows:
  - a. Such sign shall not exceed thirtytwo square feet in sign area on any nonresidential parcel.
  - b. Such sign shall not exceed eight square feet in sign area on any residential parcel.
  - c. Such sign shall be removed within ten days after the property to which it refers is no longer for sale or lease.
2. For each two hundred feet of street frontage, one additional temporary sign related to the lease or sale of any real property, subject to the same requirements as set forth in subsection C.1. above.

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D. Freestanding temporary signs may be up to ten feet in height. No greater setback than ten feet shall be required.
E. Any temporary sign allowed on a residential parcel may be an A-frame sign.
F. In addition to the signs described in subsections A. and B. above, corner parcels in residential zoning districts may display one temporary portable A-frame sign in the adjacent public right-of-way, subject to the following conditions and all other applicable provisions of this Code:
1. Such sign shall be displayed on the parkstrip adjacent to the parcel, as follows:
a. Sign shall be placed in the area between the end of the curb return and that point along the curbline that is fifteen feet distant from the end of the curb return.
```
- b. Sign shall not be placed: 

   - i. In any curb return. 

   - ii. In any bus stop zone. 

   - iii. Within two feet of any driveway or curbcut access ramp. 

   - iv. Within eighteen inches of any curb where parking is allowed. 

   - v. Attached in any manner to any other structure on the parkstrip, such as, but not limited to, trees, lampposts, utility poles, utility cabinets, street or traffic signs, benches, hydrants and mailboxes. 
```
1. Such sign shall not exceed five square feet in sign area per side.
2. Such sign shall not exceed three feet in height.
3. Such sign may be displayed up to six hours during daylight hours.
4. Such sign shall not be illuminated.
5. If the parkstrip adjacent to the residential parcel is not wide enough to display the sign, or if there is no parkstrip, such sign may be displayed on the residential

parcel, adjacent to the sidewalk, subject to all other requirements but not subject to setback requirements.

(Ords. 24201, 24757.)

23.04.360 Illumination. ¶

Any illumination of a programmable electronic sign shall conform to the requirements of Section 23.02.905.

(Ord. 29097.)

Part 5 BILLBOARD RELOCATION

Sections:

23.04.400 Billboard relocation. ¶

23.04.410 Applicability. ¶

23.04.420 Potential relocation sites.

23.04.430 Candidate billboards for relocation.

23.04.440 Request for billboard identification.

23.04.450 Relocation billboard standards. ¶

23.04.460 Owners agreements.

23.04.470 On-site relocation.

23.04.480 Relocation.

23.04.490 Removal.

23.04.495 Billboard height alteration agreements.

23.04.400 Billboard relocation. ¶

The purpose of billboard relocation approval is to enable the removal of billboards from overimpacted areas by allowing the use of alternative sites and to enable the substitution of billboards meeting modern standards for nonconforming billboards.

Relocation approval is part of the demonstrated commitment of the city council to the aesthetic enhancement of the city. (Ord. 24201.)

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23.04.410 Applicability. ¶

Any legal nonconforming billboard may be considered as a candidate for billboard relocation approval. Such billboards may be relocated to a new site or relocated on the present site only in accordance with this part. (Ord. 24201.)

23.04.420 Potential relocation sites. ¶

A. The applicant for a billboard relocation approval shall propose a relocation site based on the following considerations:
1. The area does not have excessive visual clutter;
2. The proposed relocated billboard would be compatible with uses and structures on the site and in the surrounding area;
3. The proposed site is not within six hundred linear feet of residential uses, residential zones or an area which has a general plan designation of residential;
4. The proposed site is not within six hundred linear feet of an existing billboard;
5. The proposed site is not in an area which is actively contemplated for or actively being upgraded. Indications of such upgrading are:
  - a. A specific program for beautification or undergrounding of utilities;
  - b. A neighborhood business district revitalization program;
  - c. A redevelopment area;
6. The proposed billboard would not create a traffic or safety problem with regard to on-site access, circulation or visibility; and
7. The proposed billboard would not interfere with on-site parking or landscaping required by city ordinance or permit.
B. These considerations are to serve only as general guidelines for use by the applicant in the identification of potential relocation sites.
(Ord. 24201.)

23.04.430 Candidate billboards for relocation. ¶

The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:

A. Areas of general priority for removal and relocation:
1. Downtown core area, as defined in the general plan;
2. Major thoroughfares leading into the downtown core area;
3. Streets upon which billboards are heavily concentrated and contribute to existing visual clutter;
B. Nonconformance with the standards and requirements set forth in Section 23.04.450, including:
1. Minimum spacing;
2. Maximum height;
3. Maximum surface area; or
4. Setback from property line;
C. Proximity to residential zoning districts or residential housing;
D. Degree of compaction or concentration:
1. Physical proximity to other billboards;
2. Field of vision shared with other billboards;
E. Physical condition:
1. Maintenance quality (i.e., apparent aging, paint condition, general repair, etc.);
2. Appearance of structure (i.e., number of support poles, projecting components, complexity of structure);
F. Appearance in context:
1. Compatibility with nearby buildings:
  - a. The billboard shares an immediate field of vision (from a public street) with an architecturally unusual or meritorious building or with a historic building;

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b. The bottom edge of the billboard is higher than the roof line of an adjacent small building, particularly a one-story building; or
c. The plane of the billboard is substantially skewed relative to adjacent building;

Billboard in conjunction with other billboards in the field of vision creates visual clutter;
The billboard contributes to existing general visual clutter and/or competes with nearby business signs and/or buildings.

(Ord. 24201.)

23.04.440 Request for billboard identification. ¶

A. Prior to filing an application for a planned development zoning pursuant to Section 23.04.480, applicant shall file a request for the identification of potential candidate billboards pursuant to Section 23.04.430. The request shall contain the name of the billboard company wishing to effectuate a relocation and the location of proposed relocation site.
B. Within thirty days of receipt of the request, the director shall provide the applicant with a list of three billboards owned by the company identified in the request which are candidates for relocation.
C. The applicant shall have absolute discretion in choosing the candidate billboard for relocation from the list provided by the director.
(Ord. 24201.)

23.04.450 Relocation billboard standards. ¶

Any billboard relocated pursuant to this part shall conform to the following standards:

A. Height. The height of any portion of the billboard or any of its appendages, excluding temporary extensions, shall not exceed thirty-six linear feet above the natural grade of the site. The natural grade shall be the average of the natural surface

elevations measured within a twenty-five foot radius of the center of the billboard surface. A "temporary extension" is an extension of the message surface of a billboard in conjunction with a particular message display. A temporary extension shall not exceed the height limitation of a billboard by more than four linear feet.

B. Width. The billboard, excluding temporary extensions, shall not at any point exceed a width of fifty linear feet. Temporary extensions shall not exceed the width limitations by more than four linear feet.
C. Area. The area of the message surface of the billboard, together with its framing, excluding temporary extensions, shall not exceed seven hundred square feet. Temporary extensions to the sides and/or tops of the display shall not exceed twentytwo percent of the area of the message surface together with its framing.
D. Street frontage.
1. A billboard may be placed only on a parcel which has frontage on at least one public street; and
2. Billboards which are situate on common frontage sites shall be no closer to each other than three hundred linear feet, unless such billboards face in opposite directions. As used in this subsection:
  - a. "Common frontage sites" means parcels which have frontage on the same side of the same street;
  - b. Billboards shall be deemed to be facing in "opposite directions" only if their message surfaces are facing in different directions with external angles between these directions of not

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less than two hundred twenty degrees measured from the plane of the surfaces;

  - c. The distance between billboards shall be the distance, measured linearly along the centerline of the street on which the common frontage sites each have frontage, between perpendicular lines drawn to the centerline of the street from such billboards at the points of the billboards closest to each other.

E. Location away from highways or freeways.
1. No billboard shall be located less than six hundred sixty linear feet from the existing or proposed rightof-way (including interchanges and ingress and egress ramps) of any existing or proposed landscaped freeway, if the message surface of such billboard could be read by persons traveling on such landscaped freeway. Such existing and proposed freeways include, but are not limited to, the following:
  - a. State Routes 85, 87, 280 and 237;
  - b. U.S. Route 101 (bypass), southerly of Ford Road.
2. No billboard shall be placed within five hundred linear feet from another billboard on the same side of any interstate highway or freeway.
F. Illumination. Billboards may be illuminated by continuous lighting. Their light source shall not have appendages which protrude more than eight linear feet from the wall on which the billboard is mounted or from the message surface of a freestanding billboard.
G. Setback. Freestanding billboards shall be set back from abutting streets in accordance with the most stringent of the following requirements:
1. The setback requirements of Chapter 20.80;
2. The setback requirements of Sections 20.40.200 to 20.40.300 of Title 20; or
3. The setback from preexisting buildings on abutting sites specified hereinafter:
  - a. If the closest preexisting building on each of the abutting sites is within two hundred linear feet of a proposed freestanding billboard, the billboard shall be set back from the abutting street behind the shortest line which can be drawn between those preexisting buildings from the exterior wall (including the edge or corner) of each which is closest to and exposed toward the streetline; or
  - b. If only one abutting site has any preexisting building within two hundred linear feet of the proposed billboard, then setback from the abutting street shall be at least equal to the distance between the streetline and the closest preexisting building on the abutting street.
  - c. An "abutting site" for purposes of Section 23.04.450.G.3. is a parcel which abuts both the parcel on which the proposed billboard will be situated and the street from which the billboard is to be set back.

(Ord. 24201.)

23.04.460 Owners agreements. ¶

As part of the application for billboard relocation the applicant shall submit to the city a re-

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corded agreement between the owner of the property from which the billboard is proposed to be removed and the applicant, which expresses the concurrence or acquiescence of said owner to the relocation.

(Ord. 24201.)

23.04.470 On-site relocation. ¶

An applicant may propose on-site relocation approval. Any billboard so relocated shall conform to the standards set forth in Section 23.04.450. This provision shall not be construed to permit continuation of a billboard on a vacant lot being developed.

(Ord. 24201.)

23.04.480 Relocation. ¶

A. Billboard relocation shall be permitted only pursuant to a planned development combined district rezoning in accordance with the provisions of Chapter 20.120 of Title 20.
B. The application for planned development zoning for billboard relocation shall specify the location of the billboard which is the candidate for relocation selected by the applicant, pursuant to Section 23.04.430.C.
C. In addition to the billboard, the planned development district shall incorporate all of the uses, rights and limitations of the existing base zoning district or special sign zone as those may be amended from time to time in this Code.
(Ord. 24201.)

23.04.490 Removal. ¶

The billboard which is approved for relocation must be removed from the original site prior to construction or installation of the billboard pursuant to the planned development zoning. (Ord. 24201.)

23.04.495 Billboard height alteration agreements. ¶

A. Notwithstanding the foregoing provisions of this part, nothing in this part shall prohibit the city, a billboard owner, and the owner of the

real property upon which the billboard is located from all entering into a contractual arrangement to allow for an alteration in the height of an existing, legal nonconforming billboard in exchange for the removal of other legal nonconforming billboards in the city when the contract meets all of the following minimum criteria:

The contract does not permit nor allow for the erection, defined in Section 23.02.160, of any new billboard nor increase the number of billboard panels located in the city; and
Fulfillment of the contractual obligations shall result in a net reduction of the number of billboards located in the city that are not otherwise already scheduled for removal by the real property owner or billboard owner or through final order of condemnation other order of a court of competent jurisdiction; and
The contract provides for the removal of any and all billboards to be removed under the contract prior to or concurrently with effecting any change in the height of the existing legal nonconforming billboard; and
The contract does not allow the height of any billboard, or any of its appendages, to exceed fifty feet, measured from the natural grade of the site; and
The contract contains language satisfactory to the city attorney under which the billboard owner and/or real property owner agree to release and indemnify the city from any and all potential liability and damages resulting from work performed and services rendered under the contract and language satisfactory to the risk manager under which the billboard owner and/or real property owner agree to acquire and maintain appropriate insurance policies related to the work to be performed and services provided under the contract.

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B. The city council shall not approve a proposed contract unless the city council makes all of the following findings regarding the contract:
1. The proposed contract meets all of the criteria set forth in subsection A.; and
2. The contractual provisions are consistent with the city's general plan and the purposes of this part and this title; and
3. Fulfillment of the provisions of the contract would result in an overall reduction of visual clutter and visual blight in the city; and
4. Fulfillment of the provisions of the contract will preserve or further the public health, safety or welfare.
C. Any alteration to the height of an existing billboard shall be processed and permitted only through a sign adjustment permit issued in accordance with the provisions of this title, including without limitation the provisions regarding the alteration of a legal nonconforming sign set forth in Part 3 and Part 4 of Chapter 23.02; provided, however, that the director may issue a sign adjustment permit only after making the findings required by Section 23.02.1340 and also finding that the sign adjustment permit application is consistent with the applicable billboard height alteration contract approved by the city council.
D. The resulting billboard shall remain a legal nonconforming billboard for so long as the erection and maintenance of the resulting billboard is in full compliance with the terms and conditions of the contract and sign adjustment permit issued therefor.
E. Any billboard removed pursuant to the provisions of this section shall be processed and permitted only through an adjustment permit issued in accordance with the provisions of Section 20.100.500.
F. The city council may approve such a contract and the director may issue the required permit(s), all in accordance with its normal and existing practices, policies and procedures. Under no circumstance shall any person have the

right to have a contract executed to allow for an alteration in the height of an existing legal nonconforming billboard in exchange for the removal of other billboards in the city under the provisions of this section. Nothing contained in this section shall, in any event or under any circumstances, be deemed or construed to confer upon any person the right to have such a contract executed by the city.

G. Notwithstanding the provisions of Section 23.02.870, the director of planning, building and code enforcement, or other person designated by the city manager, shall administer the provisions of this section and, for each proposed contract, provide a report to the city council on the criteria set forth in subsection A. above and on the facts and analyses pertaining to the findings required under subsection B. above, as well as a recommendation to the city council on each proposed contract.
H. The billboard owner or real property owner shall pay to the city the applicable fees to administer and process the provisions of this section. The fees required to be paid under this section shall be as set forth in the schedule of fees established by resolution of the city council. Such fees shall be charged to cover the cost of preparing maps, publishing and distributing of notices, performing environmental review, and other administrative expenses necessarily incurred to administer the provisions of this section. No part of such fees shall be returned because of the disapproval or denial of any contract or permit.
(Ord. 26393.)

Part 6

ROTATING MESSAGE BILLBOARDS

Sections:

23.04.500 Purpose. 23.04.510 Definition of rotating message billboard.

23.04.520 Pilot program.

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§ 23.04.500

23.04.530 General requirements. 23.04.540 Removal and reduction. ¶

23.04.500 Purpose. ¶

The purpose of this part is to establish a pilot program enabling the city council, at its discretion, to permit a limited number of existing billboards to be converted to three-panel rotating message billboards compatible with the aesthetic goals of the city, to ensure that such rotating message billboards do not create visual clutter, visual blight or adversely impact traffic or pedestrian safety, and at the same time to reduce the total number of billboards in the city. This pilot program is part of the demonstrated commitment of the city council to the aesthetic enhancement of the city. (Ord. 24201.)

23.04.510 Definition of rotating message billboard. ¶

A rotating message billboard is a poster panel billboard of approximately three hundred square feet in sign area which has rotating panels with a maximum of three message faces. (Ord. 24201.)

23.04.520 Pilot program. ¶

A. This part is intended to be a pilot program. This part shall remain in effect until August 1, 1994, or until the number of billboards specified in subsections B. and C. below have been permitted, whichever first occurs.
B. A maximum of twenty existing billboards will be permitted to convert in accordance with this part, provided that for each existing billboard so converted, one other billboard is first removed.
C. In addition to the twenty conversions to rotating message billboards pursuant to subsection B., a maximum of ten additional existing billboards will be permitted to convert, provided that for each existing billboard so converted, one other billboard is first removed and three additional existing billboards are improved in a manner satisfactory to the city council so

that the sign area of each of the three improved billboards is reduced by approximately twenty percent.

D. The termination of this pilot program shall not terminate any permit issued for any rotating message billboard prior to the termination of the pilot program. Such rotating message billboards shall become legal nonconforming signs upon termination of the pilot program.
(Ord. 24201.)

23.04.530 General requirements. ¶

A. No billboard may be converted to a rotating message billboard except as expressly permitted by a planned development (PD) rezoning adopted at the discretion of the city council, in accordance with Chapter 20.60.
B. Each such PD rezoning application shall be accompanied by:
1. A city-wide map identifying the location of all existing billboards owned and/or maintained by the applicant;
2. The location of the billboard proposed for removal;
3. If applicable, the location of the three additional billboards proposed for sign area reduction; and
4. A release and indemnification agreement holding the city harmless from any claim or action brought by a property owner of a parcel where the applicant is removing an existing billboard pursuant to this part.
C. Rotating message billboards located on the same street shall not be closer to each other than two thousand linear feet. Such distance shall be measured linearly along the centerline of the street on which the billboards are located, between perpendicular lines drawn to the centerline of the street from such billboards at the points of the billboards closest to each other.
D. No PD rezoning which approves a rotating message billboard shall result in a net increase of more than one message surface in the city.

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E. No rotating message billboard shall have a sign area larger than three hundred square feet.
F. The PD permit for a rotating message billboard shall set forth conditions minimizing sign movement and distraction for vehicular traffic.
G. No PD rezoning for conversion of a billboard to a rotating message billboard shall be approved unless the city council concurrently approves the billboard proposed for removal and, if applicable, the three additional billboards proposed for sign area reduction.
(Ord. 24201.)

23.04.540 Removal and reduction. ¶

A. No PD permit for a rotating message billboard shall be effective until the removal of the designated billboard and, if applicable, the sign area reduction of all three billboards is completed.
B. In approving the proposed billboard for removal, the city council shall determine, based on assurances by the applicant, that the billboard proposed for removal is not likely to be subject to removal for reasons other than the pilot program established by this part, for example, that the billboard is not proposed to be converted in lieu of just compensation in connection with an eminent domain proceeding.
C. Although this pilot program is intended to be for a three-year period, it will be subject to review one year after its adoption and may be repealed, amended or extended if the council so desires.
(Ord. 24201.)

Part 7 TEMPORARY SIGNS

Sections:

23.04.600 Temporary signs. ¶

23.04.610 Temporary sign standards. ¶

23.04.600 Temporary signs. ¶

A. In addition to permanent signage allowed elsewhere in this title, temporary signs may be displayed in accordance with the provisions set forth in this part.
B. Temporary signs in the public right-of-way are governed by Part 9 of this chapter.
C. Temporary signs in the airport sign zone are governed by Section 23.04.240 of this title.
D. Temporary signs in the OS, A, R-1, R-1-B-1, R-1-B-2, R-1-B-3, R-1-B-6, R-1-B-8, R-2, R-3, R-3-F, R-3-A, R-3-B, R-3-C, R-4 and T-M zoning districts and for residential uses in other zoning districts and in special zones are governed by Section 23.04.340 of this title.
E. Temporary signs that are election signs are governed by Part 8 of this chapter.
(Ord. 24201.)

23.04.610 Temporary sign standards. ¶

A. Unless expressly provided otherwise elsewhere, no more than two temporary signs may be on display at any one time for each occupancy frontage.
B. Permissible temporary signs include:
1. One temporary sign not larger than twenty square feet in sign area may be displayed in those locations allowed under Sections 23.04.610.D., E., F. and G. for up to thirty consecutive days for each occupancy frontage. No more than three such signs shall be displayed in any calendar year. Each such sign shall include the date(s) such sign is intended to be posted, and whether that sign is the first, second or third such temporary sign displayed in that calendar year for that occupancy frontage. Such sign may be displayed only during that period of time stated on such sign.
2. Any building with a building footprint of five thousand square feet or more may display one temporary sign larger than twenty square feet in sign area. Such signs may be displayed in those locations al-

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lowed under Sections 23.04.610 D., E., F. and G. for up to thirty consecutive days in any calendar year, as follows:

a. Such sign shall not be larger than sixty-five square feet.
b. Such sign may consist of noncontiguous segments placed on more than one frontage of the building but the aggregate sign area of all segments may not exceed sixtyfive square feet.
c. Each such sign, including all noncontiguous segments, shall include the date(s) such sign is intended to be posted, and shall identify the total number of sign segments displayed for that building. Such sign, including all sign segments, may be displayed only during that period of time stated on such sign.

Any building with a building footprint of twenty thousand square feet or more may display one temporary sign larger than twenty square feet in sign area. Such sign may be displayed in those locations allowed under Section 23.04.610 D., E., F. and G. for up to thirty consecutive days in any calendar year, as follows:
- a. Such sign shall contain only noncommercial messages.
- b. Such sign may consist of noncontiguous segments placed on more than one frontage of the building.
- c. No sign or sign segment on any frontage shall be larger than one hundred twenty-five square feet in sign area.
- d. Such sign may be an animated sign.
- e. Each such sign, including all noncontiguous segments, shall include the date(s) such sign is intended to be posted, and shall identify the total number of sign
  - segments displayed for that building. Such sign, including all sign segments, may be displayed only during that period of time stated on such sign.
One temporary sign related to the lease or sale of the real property on which the sign is placed and not larger than forty square feet in sign area may be displayed. Such sign shall be removed within ten days after the property is no longer for lease or sale.
One or more construction signs related to construction on the property on which the sign is placed may be displayed as follows:

a. Construction signs may be displayed one hundred eighty days prior to the commencement of construction, during construction and for a period no longer than thirty days after completion of construction; and
- b. Construction signs attached to fences that enclose the construction site and no higher than ten feet above finished grade may be of any size; and
- c. In the downtown sign zone, construction signs, whether or not the signs are attached to fences that enclose the construction site, shall not exceed three hundred square feet each in sign area, may be up to twenty-four feet in height and shall be limited to one such sign per street frontage, except that two allowed signs may be joined together at the corner of a corner parcel to form one larger sign which shall not exceed six hundred square feet in sign area; and
- d. In CO, CP, CN, CG, IP, LI, and HI zoning districts and neighborhood business districts, construction signs

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not attached to fences that enclose the construction site shall not exceed one hundred twenty-eight square feet each in sign area and shall be limited to one such sign per street frontage; and

  - e. In CO, CP, CN, CG, IP, LI, and HI zoning districts and neighborhood business districts, construction signs attached to fences that enclose the construction site that are located higher than ten feet above finished grade shall meet all of the following criteria: 

     - i. Shall not exceed a size equal to one hundred square feet of sign area; and 

     - ii. Shall be limited in number to one such sign per street frontage for every two hundred linear feet of perimeter construction fence along a street frontage; and 

     - iii. Shall be located no higher than twenty-five feet above finished grade; and 

  - f. Construction signs shall not be illuminated.

C. In addition to the signs described in subsections A. and B. above, unimproved parcels may display the following temporary signs:
1. One temporary sign related to the lease or sale of any real property, as follows:
  - a. Such sign shall not exceed forty square feet in sign area.
  - b. Such sign shall be removed within ten days after the property to which it refers is no longer for sale or lease.
2. For each three hundred feet of street frontage, one additional temporary sign related to the lease or sale of any real property, subject to the same requirements as set forth in subsection C.1. above.
3. By permit in accordance with all requirements of Part 4 of Chapter 23.02 of this

title, one temporary sign larger than forty square feet and related to the sale or lease of any real property may be approved as follows:

  - a. Such sign shall be permitted for the shorter period of three years or ten days after the property to which it refers is no longer for lease or sale. 

  - b. Maximum size shall conform to the size allowable in the zoning district for a permanent sign on a parcel of that size.

The provisions of this subsection C. shall not apply in the downtown sign zone.

D. Temporary signs may be freestanding or attached and, except with regard to construction signs or unless otherwise stated, shall also conform to any requirements for permanent signs in the zoning district or sign zone where located.
E. Unless expressly provided otherwise elsewhere, freestanding temporary signs may be up to ten feet in height. No greater setback than ten feet shall be required.
F. Temporary signs may not be affixed to the outside surface of a window.
G. Temporary signs posted at events within the downtown core for which city permits have been issued for both the exclusive use of a specified location in the public right-of-way and a permit for temporary outdoor use of private property that is contiguous or adjacent to the public right-of-way permit area shall not be subject to these regulations to the extent such temporary signs are posted during the event and within the approved boundaries of the event. This provision also applies to signage on temporary structures at such events, regardless of whether the temporary structure is in the public right-of-way or on private property.

(Ords. 24201, 24757, 26273, 27458, 28022.)

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Part 8 ELECTION SIGNS

Sections:

23.04.700 Election signs. ¶

23.04.710 Definition of election signs.
23.04.720 Quantity, size and placement of election signs.
23.04.730 Prohibited on public property.
23.04.740 Private property - Authorization by owner.
23.04.750 Election signs in residential districts and for residential uses.
23.04.760 Time limit for display of election signs.
23.04.770 Removal of election signs from public property.
23.04.780 Liability for election signs.

23.04.700 Election signs. ¶

A. This part shall govern standards for temporary signs that are election signs.
B. In its regulation of election signs, it is the intent of the city to achieve a fair and reasonable accommodation between the public's interest in the full and vigorous debate of election issues and the community's interest in public order, cleanliness and community aesthetics. Election signs, which are unreinforced paper products, are relatively inexpensive. As a result, without reasonable regulation, the community could be inundated by their profusion prior to elections and by their litter after elections. Election signs also are particularly susceptible to the effects of the elements. It is the city's intent in regulating election signs to control the proliferation of urban clutter but to be no more restrictive than necessary and not to unduly restrict the public's right to communicate about election issues.
C. Nothing herein precludes the use of other signs allowed in accordance with the provisions of this title to convey political and/or election messages.
(Ord. 24201.)

23.04.710 Definition of election signs. ¶

A. As used in this title, "election sign" is a sign:
1. Designed, used or intended to induce voters to vote for either the passage or defeat of a measure appearing on the ballot of any election, or for either the election or defeat of a candidate for nomination or election to any public office in any election; and
2. Constructed of unreinforced cardboard, paper or similar product; and
3. Includes without limitation banners, campaign signs, posted handbills and notices of any kind.
B. Any sign not meeting the definition set forth in subsection A. above shall not be deemed an election sign for purposes of this title, regardless of message.
(Ord. 24201.)

23.04.720 Quantity, size and placement of election signs. ¶

A. Unless otherwise expressly provided in this part, the quantity, size and location of election signs shall be governed by the requirements for temporary signs in the zoning district or sign zone where located.
B. Election signs of ten square feet or less that are displayed in accordance with this part may be displayed during the time periods set forth in Section 23.04.760 of this part and shall not be counted toward any time limits for temporary signs in the zoning district or sign zone where located.
(Ord. 24201.)

23.04.730 Prohibited on public property. ¶

A. No person shall erect or display, or cause or authorize any person to erect or display, any election sign on public property.

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B. The provisions of Sections 23.04.840, 23.04.850, and 23.04.860 shall apply to election signs posted on public property.
(Ords. 24201, 24835.)

23.04.740 Private property - Authorization by owner. ¶

No person shall erect or display, or cause or authorize any person to erect or display, any election sign on any property not owned or controlled by such person, unless authorized to do so by the owner or other person in control of such property. (Ord. 24201.)

23.04.750 Election signs in residential districts and for residential uses. ¶

Election signs in residential districts and for residential uses in other zoning districts and in special sign zones:

A. Shall not be illuminated.
B. If an attached sign, shall not extend above the eaves of the building or structure where located.
C. If a freestanding sign:
1. Shall not exceed six feet in height; and
2. No setback shall be required.
(Ord. 24201.)

23.04.760 Time limit for display of election signs. ¶

A. Election signs may be displayed in connection with an election beginning on the first day after the opening of the nomination period for the election and continuing up to ten days after the date of the election.
B. All election signs shall be removed from the parcel where erected or displayed within ten days after the date of the election to which they pertain.
C. Notwithstanding subsections A. and B. above, if election signs pertain not only to a primary election but also to a succeeding general election, they may be displayed until the general election and shall be removed within ten days after the date of general election.
D. The timely removal of election signs shall be a joint and several obligation of:
1. Each person who erects or displays an election sign;
2. Each person who causes or authorizes the erection or display of such sign; and
3. The owner or other person in control of the property where such sign is erected or displayed.

(Ord. 24201.)

23.04.770 Removal of election signs from public property. ¶

A. Election signs on public property may be removed without notice pursuant to Section 23.02.880 of this title.
B. The director shall cause a list of election signs removed from public property to be filed with the city clerk, for public information.
(Ords. 24201, 24835.)

23.04.780 Liability for election signs. ¶

Every person who undertakes an election campaign shall be responsible to ensure that all signs posted in furtherance of that campaign are posted in full accordance with this title and shall be presumed responsible, as set forth in Section 23.04.840, for any illegal election signs posted in furtherance of the campaign.

(Ord. 24835.)

Part 9 PUBLIC RIGHT-OF-WAY SIGNS

Sections:

23.04.800 Application. ¶

23.04.810 Only city may post. ¶

23.04.820 General provisions.
23.04.830 Types of signs allowed.
23.04.835 Transit bus shelter signs.
23.04.840 Presumption of responsible party.
23.04.850 Charges for removal of illegal signs on public property.

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§ 23.04.800

23.04.860 Hearing on removal costs. ¶

23.04.800 Application. ¶

A. This part shall govern standards for signage in public rights-of-way.
B. Signs in parks and plazas shall only be subject to these regulations if such signs are visible from an abutting street or alley.
- G. Temporary signs posted at events for which a city permit has been issued for the exclusive use of a specified location in the public rightof-way shall not be subject to these regulations, to the extent posted during the event and within the approved boundaries of the event.
- (Ords. 24201, 24757.)
(Ord. 24201.)

23.04.830 Types of signs allowed. ¶

23.04.810 Only city may post. ¶

A. Unless otherwise expressly allowed in this part, no one may post public right-of-way signs except the city.
B. The redevelopment agency may post signs in public rights-of-way in the downtown sign zone, but only after the review required by Section 23.04.820.A.
C. Nothing in this part shall prohibit the painting or applying of street address numbers on curbs otherwise expressly allowed in this Code.
(Ord. 24201.)

23.04.820 General provisions. ¶

A. Unless otherwise expressly provided in this title, all public right-of-way signs shall be reviewed in advance by the director. To the extent applicable, encroachment permits may be required.
B. All traffic control devices in the public rightof-way shall be approved in advance by the director.
C. All signs in public streets or public alleyways must comply with state traffic guidelines.
D. Public right-of-way signs which create traffic or pedestrian safety hazards are prohibited.
E. Unless expressly allowed in this part, public right-of-way signs may be illuminated only with continuous external or internal lighting.
F. Permanent architectural elements installed by the city or the redevelopment agency in the public right-of-way, such as, but not limited to, architectural gateways, monument gateway signs or other street furniture, shall not be subject to these regulations.
A. Safety or directional signs. Safety or directional signs may be posted by public entities or public utilities as necessary for public safety or welfare. Such signs may be animated.
B. Automobile parking lot signs.
1. Operators of automobile parking lots may apply to the director of the department of planning and building for a permit to place up to two safety or directional signs in the public right-of-way per lot entrance. The director may authorize such signs, and additional safety or directional signs, if the director determines they are necessary for direction of vehicular traffic.
2. Each such sign:
  - a. Shall not exceed nine square feet in sign area for each sign face.
  - b. Shall be clearly legible to parking lot vehicular traffic; letters shall be at least four inches in height.
  - c. Shall be located so as not to block or interfere with pedestrian or vehicular traffic, or parking or loading areas. A minimum width of unobstructed sidewalk clearance of four feet must be maintained for pedestrian traffic.
  - d. Shall be located only in the public right-of-way abutting the automobile parking lot.

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C. Public information signs. Public information signs may be displayed in the public right-ofway by the city or redevelopment agency subject to the following:
1. Freestanding public information signs.
  - a. Freestanding public information signs:
    - i. Shall not exceed sixteen feet in maximum height of sign face.
    - ii. Shall not exceed thirty-two square feet in sign area for each sign face.
  - b. Freestanding public information signs shall not be located within twenty-five feet of another freestanding public information sign. However, multiple freestanding public information signs may be located on the same supporting structure.
2. Banner public information signs.
  - a. Banner public information signs shall be either cable-hung banners or vertical banners.
  - b. Banner public information signs shall not be located within forty feet of another banner public information sign; however, multiple banner public information signs may be located on the same supporting structure.

c. No vertical banner public information sign shall exceed twenty-eight square feet in size.

- d. No cable-hung banner public information sign shall be less than sixteen feet in height at mid-span or at its lowest point. 

- e. All cable-hung and vertical banner public information signs shall be attached to supporting structures capable of withstanding sixty miles per hour continuous wind loads 

- without deflections or rotations that would cause deformation, failure or other damage to such structures.

D. Parks. In addition to signs allowed by subsection C. above, public parks also shall be allowed the following signs:
1. Flat-mounted public information signs that do not exceed thirty-two square feet in sign area.
2. Portable public information signs that do not exceed thirty-six square feet in sign area for each sign face.
3. Educational displays shall not be subject to these regulations.
E. Kiosks. Public information signs also may be displayed by the city or redevelopment agency on kiosks or kiosk-like structures located in the public right-of-way, subject to the following regulations:
1. Sign area on kiosks shall not exceed thirtysix square feet per kiosk face and shall not be located more than seven feet in height above grade.
2. Signage may be animated and/or may be illuminated with continuous external or internal lighting.
3. Signs shall not be displayed on kiosks located within forty feet of another kiosk upon which signs are displayed.
4. A minimum width of unobstructed sidewalk clearance of four feet shall be maintained for pedestrian traffic.
F. Flags. Flags may be displayed in the public right-of-way by the city or redevelopment agency subject to the following regulations:
1. Flags, other than U.S. flags, shall be displayed on flagpoles or attached securely to lampposts.
2. U.S. flags shall be displayed in accordance with all applicable federal laws and regulations.
3. Location of flags shall not create visual clutter or visual blight in combination with other permanent signage within a thirty-foot radius of such flags.

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More than one flag may be displayed on a flagpole.

G. Construction signs.
1. Temporary construction signs may be posted in connection with construction projects in the public right-of-way.
2. Such signs may be displayed up to sixty days prior to the commencement of construction and during construction and shall be removed within thirty days after completion of construction.
3. Such signs shall not be illuminated unless required for public safety and shall be limited in size and number to those required for public safety and information.
H. Temporary A-frame signs in residential zoning districts.
1. Temporary portable A-frame signs may be displayed in public rights-of-way in residential zoning districts as provided in Section 23.04.340 of this Code.
2. Such temporary A-frame signs shall not require review and advance approval.
I. Temporary A-frame signs. In the downtown sign zone and in the Willow Glen and Alameda neighborhood business districts, as defined by the San José 2020 general plan as amended from time to time, adjacent property owners may allow temporary portable A-frame signs in public rights-of-way, subject to the following conditions and all other applicable provisions of this Code:
1. One temporary A-frame sign may be allowed per each separate nonresidential occupancy frontage having an entryway on the public right-of-way.
2. Each such sign:
  - a. Shall not exceed eight square feet in sign area per side.
  - b. Shall have a minimum height of three feet and a maximum height of any part of the sign of four feet, subject to the provisions of Section 23.02.1160 of this Code.
c. Shall have a maximum width of any part of the sign of two feet.
d. Shall be displayed only during the daylight business hours of the adjacent occupancy frontage.
e. Shall not be illuminated.
f. Shall be constructed of durable materials that are weather- and rustresistant and shall have a neat and professional appearance.
g. Shall be located as follows:
- i. Subject to all other requirements of this Code, a temporary A-frame sign shall be located only in that area between eighteen inches and four feet from the curb face, except that on any sidewalk area where light rail transit mall tracks are located, a temporary A-frame sign shall be located only in that area between four feet six inches and seven feet from the light rail track nearest the buildings.
- ii. No temporary A-frame sign shall be located:
  1. Within fifteen feet of any bus stop zone or light rail stop zone, or within fifteen feet, of any bus stop furniture or light rail stop furniture, whichever distance is greater;
  2. Between light rail tracks and curb;
  3. Within two feet of any driveway or curb cut access ramp;
  4. Adjacent to or within four feet of any disabled parking zone;
  5. Attached in any manner to any other structure on the sidewalk, such as, but

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not limited to, trees, lampposts, utility poles, street or traffic signs, benches, hydrants, utility cabinets, and/or mailboxes;

  6. On streets where light rail transit mall is located, within three feet of any other structure on the sidewalk, such as, but not limited to, trees, lampposts, utility poles, street or traffic signs, benches, hydrants, utility cabinets, and/or mailboxes; or 

  7. On any median strip.

iii. In the case of a temporary A- frame sign on a sidewalk that is adjacent to a street parking space (other than a disabled parking zone), the sign may be located only in that area on the sidewalk that is within five feet of the beginning or end of the parking space, as indicated by the lines on the street that mark the parking space.
iv. Sign shall not obstruct the normal flow of pedestrian traffic.
v. Anything in this subsection I. to the contrary notwithstanding, if the sidewalk adjacent to the occupancy frontage is not wide enough to display the temporary A-frame sign and there is a parkstrip, such sign may be displayed on the parkstrip, subject to all other conditions in this subsection I.

Temporary A-frame signs which conform to this subsection I. shall not require advance review and approval.

J. Temporary directional signs in parkstrips by permit.
1. A transitory use may apply to the director of the department of planning and building for a permit to place temporary directional signs in parkstrips.
2. For purposes of this subsection J., a "transitory use" shall mean a use that is not a permanent or regular use at a location and is distinct and different from the continuing use at the location.
3. Each sign permit:
  - a. May be for up to fifty signs directing traffic to the transitory use.
  - b. May be issued either (1) in conjunction with a development permit issued pursuant to Chapter 20.100, or (2) as a separate sign permit issued pursuant to Section 23.02.1330 for one year and renewable upon application for renewal within thirty days prior to expiration and payment of a new permit fee.
  - c. Shall require insurance naming the city as an additional insured, in coverage amounts and types as required by the city risk manager.
  - d. Shall require indemnification of the city by the permittee.
  - e. Shall provide that any sign may be removed by city if necessary for maintenance activities or safety considerations.
  - f. Shall provide (1) that any sign may be placed on a parkstrip only with the consent of the property owner and/or occupant of the parcel adjacent to the parkstrip where the sign is placed, and (2) that the property owner and/or occupant of the parcel adjacent to the parkstrip where the sign is placed may remove such sign.

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g. Shall be revocable by the city upon ninety days notice, or at any time for safety considerations.

Each sign:
- a. Shall consist of a sign area no larger than four square feet per side.
- b. Shall be constructed of flexible and weatherproof plastic or reinforced paper material that is firmly affixed to a plastic or wooden stake. The top end of the stake shall be flat or rounded and shall not be pointed.
Signs may be displayed in the period from 5:00 p.m. on Friday to 8:00 a.m. on Monday, and on holidays from 5:00 p.m. on the day prior to the holiday to 8:00 a.m. on the day following the holiday. Stakes must be removed when signs are removed.
Signs shall be securely positioned and shall be either:
- a. Staked into the ground; or
- b. Attached to poles or posts by means of at least two plastic strips that are a minimum of one-quarter inch wide (commonly known as "cable ties"), provided however that no sign may be attached to any traffic signal light post or to any pole or post displaying a traffic sign.
- Signs shall not be located:

a. Within one hundred feet, on the same public right-of-way and facing in the same direction, of another sign directing traffic to the same transitory use, except that two signs may be located on the same public right-of-way and facing in the same direction within fifty feet of an intersection if the signs are directing traffic to turn at the intersection.
b. Within eighteen inches of curb along any curb where parking is allowed.

c. In any bus stop zone.

- d. So that any part of sign extends into any bus stop zone or sidewalk area. 

- e. Within two feet of a driveway or curbcut access ramp. 

- f. On medians. 

- g. Along state or county rights-ofway without state or county approval. 

- h. In the downtown sign zone or airport sign zone. 

- i. Attached in any manner to any other structure on the parkstrip, such as, but not limited to, trees, lampposts, utility poles, utility cabinets, street or traffic signs, benches, hydrants, and mailboxes, except as expressly allowed in subsection 5. above.

Other regulations:
- a. Maximum height of any part of sign while displayed shall be four feet.
- b. Signs may contain only messages directing vehicular or pedestrian traffic to the transitory use.

c. Signs shall not be illuminated.
(Ords. 24201, 24757, 25997.)

23.04.835 Transit bus shelter signs. ¶

A. Signage may be displayed on bus shelters installed at bus stops by the Santa Clara county transit district, as follows:
1. Signage as necessary to convey transit information; and
2. Other signage of up to forty-eight square feet in sign area per bus shelter.
B. Such signage:
1. May be displayed only in accordance with terms and conditions set forth in a contractual agreement between the city and the transit district; and
2. Shall not otherwise be subject to this title.

(Ord. 24973.)

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23.04.840 Presumption of responsible party. ¶

A. Each of the following persons is presumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property:
1. Any person whose name appears on the sign; and
2. Any person retained to post or distribute such signs.
B. More than one person may be deemed responsible for the placement of the same sign.
(Ord. 24835.)

23.04.850 Charges for removal of illegal signs on public property. ¶

A. All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the city for the removal of such sign from public property, plus late payment penalties and interest, as set forth in the schedule of fees adopted by resolution of the city council. Such charges shall be in addition to all other legal remedies, criminal, civil, and administrative, which may be pursued by the city to address any violation of this Code.
B. A bill of charges shall be served upon a responsible party by the director of the city department which removed the sign in accordance with Sections 1.04.140 of this Code within thirty days after the removal of the sign(s) from the public property.
C. Payment shall be due as provided in the bill of charges.
D. The total amount of the bill of charges, plus late payment penalties and interest, if any, shall be deemed to be a civil debt to the city and the city may take such action to recover such charges as the city is authorized to do by law for the recovery of a civil debt.
(Ord. 24835.)

23.04.860 Hearing on removal costs. ¶

A. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board to dispute the imposition of the charges.
B. Any request for a hearing to dispute the imposition of charges must be in writing and received by the secretary of the appeals hearing board within ten days of the date of service of the bill of charges and shall include a statement of the reasons and grounds upon which the dispute is based.
C. The hearing shall be conducted in conformance with Part 29 of Chapter 2.08 of Title 2 and the rules and regulations of the appeals hearing board.
D. The decision of the appeals hearing board shall be final.
(Ord. 24835.)

Part 10 PUBLIC BENEFIT GATEWAY SIGNS

Sections:

23.04.1000 Public benefit gateway signs. ¶

23.04.1010 Permit required. ¶

23.04.1020 Findings for approval. ¶

23.04.1030 Standards. ¶

23.04.1000 Public benefit gateway signs. ¶

A. A "public benefit gateway sign" shall mean a sign located at or near the boundary of an established business area of the city and solely identifying the traditional name of the business area.
B. In addition to other signs authorized in this title, the director may approve a public benefit gateway sign on private property in accordance with this part.
(Ord. 25032.)

23.04.1010 Permit required. ¶

A. A permit application shall be filed in accordance with the requirements of Part 4 of Chapter 23.02.

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§ 23.04.1010

B. The permit fee shall be as set forth in the schedule of fees adopted by resolution of the city council.
(Ord. 25032.)

23.04.1020 Findings for approval. ¶

In addition to other findings required in Part 4 of Chapter 23.02, public benefit gateway signs shall be approved only if the director finds all of the following:

A. The sign identifies the entry into an established business area; and
B. The size, type and location of the sign are compatible with the neighborhood or area in which the sign will be located; and
C. The sign serves to enhance the identification of the business area; and
D. The proposed gateway name is the established, traditional name of the business area; and
E. The sign will enhance the identification of the business area; and
F. The sign will benefit all businesses within the business area.
(Ord. 25032.)

23.04.1030 Standards. ¶

A. Public benefit gateway signs shall be illuminated only with illumination allowed under this title in the zoning district or sign zone where the sign is located.
B. Public benefit gateway signs, approved as provided in this part, shall not reduce otherwise allowable signage for the property where the sign is located.
C. Public benefit gateway signs, approved as provided in this part, shall not be subject to the size, type or location restrictions set forth for the zoning district or sign zone where the sign is located.
(Ord. 25032.)

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