San Jose Municipal Code Part 1 Definitions

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

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

(Ords. 24201, 29558.)

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

(Ord. 29529.)

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

(Ord. 24201.)

"Alteration of a sign" means any change in the sign other than a change in the message.

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 28022.)

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

(Ord. 27375.)

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

(Ord. 28754.)

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

(Ord. 24201.)

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

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

(Ord. 29097.)

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

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

(Ord. 24201.)

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

(Ords. 24201, 29850.)

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

(Ord. 24201.)

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

(Ord. 30189.)

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

(Ord. 30189.)

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

(Ord. 24201.)

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

(Ord. 28754.)

"Off-site commercial speech" means commercial speech that identifies or promotes any commercial activity, product, good or service that is conducted, manufactured or offered on a site that is not the site on which the commercial speech is displayed and that is not conducted, manufactured or offered on the same parcel of land on which the commercial speech is displayed.

(Ord. 28754.)

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

(Ords. 28754, 30189.)

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

(Ord. 24201.)

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

(Ord. 24201.)

"Corner building" means a building with a building footprint of at least fourteen thousand two hundred fifty square feet that is located in an area adjacent to and within two hundred fifty feet from the intersection of two public streets, which distance is measured from the intersection of the parcel lines abutting those streets, and is part of a shopping center site with a total building floor area of at least five hundred thousand square feet and that is not located within a special sign zone as set forth in Section 23.02.860. Each of the two intersecting streets must be either a city connector street, local connector street, main street, grand boulevard, expressway or freeway, as defined in the city's general plan.

(Ord. 29324.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 30189.)

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

(Ord. 24201.)

"Entryway sign" means an attached sign displayed above a public entryway.

(Ord. 29246.)

"Erection of a sign" means the construction, placement, installation, relocation, enlargement, mounting, alteration, posting or display of a sign.

(Ords. 24201, 29324.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 26282.)

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

(Ord. 24201.)

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

(Ord. 24201.)

"Freeway" means a restricted access highway with no at-grade intersections.

(Ord. 28754.)

"Freeway frontage" means the property line of a parcel abutting a freeway.

(Ord. 29558.)

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

(Ord. 28754.)

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

(Ord. 28754.)

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

(Ord. 29097.)

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

(Ords. 24201, 28754.)

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

(Ord. 24201.)

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

(Ord. 29850.)

"Historic sign" means a sign that is listed as a historic resource on the historic resources inventory of city or is a contributing feature to a building or structure that is listed as an historic resource on the historic resources inventory of city pursuant to Chapter 13.48 of Title 13 of this Code.

(Ord. 28144.)

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

(Ord. 24201.)

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

(Ord. 27864.)

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

(Ord. 24201.)

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

(Ord. 29850.)

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

(Ord. 29850.)

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

(Ord. 29850.)

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

(Ord. 24201.)

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

(Ords. 24201, 29153.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ords. 24201, 27375.)

"Non-commercial speech" or "non-commercial message" means expression on a topic of public concern and debate, not including commercial speech. By way of example and not limitation, non-commercial speech means expression on debatable topics such as religion, political views, commentary on arts, and philosophical expression.

(Ord. 29529.)

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

(Ords. 24201, 28754.)

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

(Ord. 28569.)

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

(Ord. 29529.)

"Parapet" means the vertical portion of a wall above the roof line abutting the wall.

(Ord. 24201.)

"Parcel" is defined in Section 20.200.850 of Title 20 of this Code.

(Ord. 24201.)

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

(Ord. 29850.)

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

(Ord. 29850.)

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

(Ord. 29246.)

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

(Ord. 24201.)

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

(Ord. 24201.)

"Programmable electronic sign" means a type of animated sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The elements may be internally illuminated or may be illuminated by reflected light. The sign may be part of a permanent sign that is not a programmable electronic sign. "Programmable electronic sign" includes sign display screens commonly known as liquid crystal display (LCD), plasma and digital displays, and their functional equivalents. This definition applies whether the display is used to produce a series of still images, or images that appear to move on the display screen.

(Ords. 24201, 28641, 28754, 29324.)

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

(Ords. 27375, 29097.)

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

(Ord. 28144.)

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

(Ord. 24201.)

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

"Public entryway width" means the linear distance of a public entryway.

(Ord. 29246.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

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

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

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

(Ord. 24835.)

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

(Ord. 24201.)

"Relocation of a sign" means the movement of the sign to a new or changed location and includes without limitation any movement of the sign to a new location on the same structure, on the same parcel or elsewhere. Any movement of a sign, including but not limited to the structure on which the sign is placed, no matter how slight, is a relocation.

(Ords. 24201, 29324.)

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

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

(Ords. 24201, 28754.)

"Safety or directional sign" means:

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

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

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

(Ords. 24201, 29223.)

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

(Ord. 29529.)

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

(Ord. 24201.)

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

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

(Ord. 29153.)

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

(Ord. 29324.)

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

(Ord. 28754.)

"Sign" means any structure, display, device, balloon or graphic on or attached to any land, building or structure, which is used to communicate any message, or which advertises or promotes any business, product, activity, person or interest. Signs include, but are not limited to, letters, numbers, words, illustrations, decorations, decals, emblems, trademarks, logos and lights. Signs do not include noncommercial murals otherwise allowed under this Code.

(Ord. 24201.)

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

(Ord. 29324.)

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

(Ord. 29324.)

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

(Ord. 24201.)

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

(Ord. 29558.)

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

(Ord. 24201.)

"Sponsorship marketing plan" means an agreement between a property owner, facility owner, facility operator, or occupant of the premises of a large outdoor stadium space and a sponsor, pursuant to which the sponsor is entitled to include its logo, slogan, or advertising on advertising displays and both of the following conditions are met:

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

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

(Ord. 29529.)

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

(Ord. 29850.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

"Traffic control device" means any device or system installed by a government agency for the purpose of controlling vehicle traffic on public roads, including but not limited to those signs or other devices which provide notice of the applicable rules and regulations, such as a stop sign or a speed limit sign.

(Ords. 24201, 29324.)

"Unimproved parcel" means:

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

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)