San Jose Municipal Code Part 2 General Provisions

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

(Ords. 24201, 26273, 27375, 28569, 28754, 29013, 29097, 29223.)

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

(Ord. 29324.)

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

(Ord. 24201.)

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

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

(Ord. 24201.)

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

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

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

(Ord. 24201.)

A. In addition to the relief set forth in Section 23.02.830, in the event that an owner or occupant of real property located within six hundred feet of a permanent sign in violation of this title brings a civil action and is the prevailing party in that action against a person found to have erected, maintained or suffered the sign in a manner in violation of this title, such owner or occupant, in addition to other damages as determined by the court, may, in the discretion of the court, be awarded court costs, attorneys' fees, and an amount not to exceed one thousand dollars.

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

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

(Ord. 24201.)

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

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

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

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

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

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

(Ord. 24201.)

The following are the special sign zones:

A. The downtown sign zone as defined in Section 23.04.100.D. The downtown sign zone, as defined in Section 23.04.100.D, has been formed in recognition of the need for more signage and for a greater variety of types of signs in the urban center of the city where densely packed commercial uses compete for attention. It is the city's intent, in its regulations, to strike a fair balance between commercial needs, traffic safety, and community concerns about visual clutter and visual blight.

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

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

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

E. The airport sign zone as defined in Section 23.04.200.B. The airport sign zone, as defined in Section 23.04.200.B, has unique land use characteristics that support specially tailored sign regulations. The airport sign zone is an area of approximately one thousand acres and consists of land subject to the city's airport master plan. The airport sign zone is characterized by large expanses of open space and outdoor uses, including parking lots, runways/taxiways, and low-intensity development consistent with aviation uses. This sign zone, because of its unique land use character, is less subject to visual clutter than other areas of the city.

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

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

H. The Oakridge/Blossom Hill Urban Village signage areas as defined in Section 23.04.010.H. The Oakridge/Blossom Hill Urban Village signage area, as defined in Section 23.04.010.H, reflects the desire of the city to provide signage regulations as part of a temporary three-year pilot program, for programmable electronic signs in this area that is currently developed with intensive commercial uses and planned over the long-term to redevelop into an urban village in accordance with the city's general plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city.

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

(Ords. 24201, 24835.)

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

(Ord. 24201.)

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

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

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

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

3. Burned-out bulbs shall be replaced.

4. Graffiti and unauthorized stickers shall be removed.

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

(Ord. 24201.)

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

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

B. No sign shall include any audio message.

C. No sign message shall be displayed for a period of time less than:

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

2. Four seconds on any other sign.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ords. 28754, 29097, 29529.)

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

B. Message surface.

1. If the message surface of a sign consists of an integral surface and has a regularly shaped perimeter, the area of the sign shall be the area within such perimeter, including the face of any frame.

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

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

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

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

2. V-shaped sign surfaces. If a sign has two message surfaces connected in a manner that forms an angle between the two sign surfaces of no greater than thirty degrees, then only the area of one of the two surfaces (the largest if they are not equal) shall be included in the computation.

D. Three-dimensional signs.

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

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

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

(Ords. 24201, 27375, 28754, 29529.)

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

A. Temporary signs expressly allowed by this title.

B. Safety or directional signs allowed by Section 23.02.1040.

C. Window signs allowed by Section 23.02.1060.

D. Street numbers required by Section 23.02.1020.

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

F. Flags allowed by Section 23.02.1050.

G. Signs allowed pursuant to Section 23.04.020F.

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

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

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

K. Reserved.

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

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

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

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

P. Pedestrian wayfinding signs allowed by Section 23.02.1045.

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

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

(Ord. 24201.)

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

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

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

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

(Ords. 24201, 28754, 29153.)

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

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

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

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

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

(Ords. 24201, 27375.)

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

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

C. The use of styrofoam in signs is prohibited.

(Ord. 24201.)

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

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ords. 24201, 27375.)

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

1. Animated signs.

2. Billboards.

3. Inflatable or balloon signs.

4. Mechanical movement signs.

5. Programmable electronic signs.

6. Portable signs.

7. Roof signs.

8. Flat roof-top signs.

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

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

b. Has direct access to the freeway.

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

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

a. Unless all of the following conditions exist:

i. The vehicle is in operating condition, currently registered and licensed to operate on public streets;

ii. The sign is painted upon or otherwise permanently attached to the vehicle; and

iii. The primary purpose for which the vehicle is used is not for the stationary display of the sign.

b. This restriction shall not apply to temporary signs in vehicle windows.

12. Signs displaying off-site commercial speech.

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

1. Balloons;

2. High intensity beam lights; or

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

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

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

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

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

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

B. Each such sign:

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

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

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

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

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

(Ord. 29246.)

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

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

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

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

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

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

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

2. Shall reduce the signage otherwise allowed.

(Ord. 24201.)

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

B. Window signs shall not be animated signs.

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

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ord. 24201.)

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

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

(Ords. 24201, 28144, 29097.)

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

(Ord. 24201.)

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

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

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

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

C. Required signs as described in Section 23.02.1030 shall not reduce the signage allowed by Subsection B. Signs required by California Business and Professions Code section 13531, as amended, may be programmable electronic signs that comply with the provisions of this title, including Section 23.02.905, that are designed as a component of an allowed freestanding sign.

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

(Ords. 24201, 29153, 29223.)

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

B. Each such sign:

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

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

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

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

(Ords. 24201, 24757, 27375.)

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

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

(Ord. 24201.)

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

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

C. Temporary signs displayed on unimproved parcels:

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

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

(Ord. 24201.)

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

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

(Ord. 24201.)

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

(Ord. 24201.)

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

(Ords. 24201, 26282.)

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

B. This message substitution provision does not:

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

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

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

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

(Ords. 24201, 29529.)