§ 4.40

The purpose of this chapter, Signs, is to promote attractive signage that serves as an economic and aesthetic asset, comprehensively addresses aesthetic concerns of the public regarding visual clutter and visual blight in the environment, and ensures that traffic safety hazards are not created.

For facilities that are open to the public, such as commercial and institutional facilities, the provisions of this chapter shall not apply to indoor signage, nor shall they apply to incidental outdoor visitor-serving signs that are not intended to direct attention to the business. Examples include parking signs, rest room signage, and any non-marketing signs authorized or required by a public agency.

(Ord. No. NS-1200.335, § 10, 12-4-12)

Unless otherwise provided in this chapter, all new signs and the replacement or modification of existing signs that are not expressly exempt from this chapter or permitted in the initial approval of a discretionary land use approval shall obtain architecture and site approval, pursuant to Chapter 5.40. This requirement is in addition to any other approval that may be required for a related use or structure.

A.

Construction. All signs and supporting structures shall be securely built and erected in conformance with the requirements of this chapter and any other applicable legal requirements.

B.

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

1.

They shall be kept free of rust, dirt, and chipped, cracked or peeling paint;

2.

Hanging, dangling, torn or frayed parts shall be promptly repaired;

3.

Burned-out bulbs shall be promptly replaced; and

4.

Graffiti and unauthorized stickers shall be promptly removed.

C.

Removal of message surface. 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 90 days.

A.

Continuous lighting. Unless otherwise expressly provided in this section, signs may be illuminated only with continuous (non-blinking) lighting.

B.

Allowed lighting. Except as provided for fin signs in Section 4.40.050(F), signs may be illuminated only with:

1.

Neon tube lighting, if fully contained within a cabinet covered with a clear glass or plastic face, or if comprised of individual pan channel letters covered with a clear glass or plastic face;

2.

External lighting;

3.

Internal lighting; or

4.

Halolighting.

A.

Applicability. This section applies to attached signs for any use that requires a discretionary approval under the Zoning Ordinance.

B.

Quantity.

1.

No more than one 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 three frontages;

b.

In addition to the signs allowed by Subsection A, any ground-level occupancy exceeding 20,000 square feet may have up to three signs on one of its occupancy frontages and any ground-level occupancy exceeding 50,000 square feet may have up to five signs on one of its occupancy frontages; and

c.

Any building with a footprint greater than 100,000 square feet which has interior tenant spaces with no occupancy frontages may have up to five signs in addition to those set forth in this subsection.

2.

One sign shall be permitted for each second-story occupancy frontage with direct exterior access to the ground from the second story.

C.

Size.

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 to a maximum of 300 square feet per occupancy frontage.

2.

A second-story attached sign(s) shall be limited in area to one-half the allowed first-floor sign area.

3.

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 or the total number of occupancy frontages multiplied by 300 square feet, whichever is less.

D.

Height. No attached sign shall be displayed higher than the finished floor elevation of the third floor of a building.

E.

Setbacks.

1.

Signs facing a residential lot shall be at least 50 feet from the property line of the residential lot.

2.

Signs facing an abutting nonresidential lot shall be at least 25 feet from the property line of such nonresidential lot, unless the abutting nonresidential lot contains a parking lot or driveway at its nearest point to the sign.

F.

Fin signs. Fin signs may be allowed and shall not reduce otherwise allowed signage.

1.

Fin signs shall comply with all of the following provisions:

a.

They shall not exceed six square feet in area per side;

b.

They shall project no more than two feet from the wall to which they are attached;

c.

They shall be located at least seven feet but not more than 12 feet above grade; and

d.

They shall not be illuminated except by external lighting.

2.

Each ground-level occupancy frontage may have one fin sign if the sign is located near its primary entryway and is subject to a master sign program.

G.

Awning signs. Awning signs may be allowed and shall not reduce otherwise allowed signage. They shall comply with all of the following provisions:

1.

They are limited to 25 percent of the exterior surface of the awning up to a maximum of eight square feet;

2.

They shall be located at least seven feet but not more than 12 feet above grade; and

3.

They shall not be illuminated.

H.

Window signs. Window signs may be allowed and shall not reduce otherwise allowed signage. They shall comply with all of the following provisions:

1.

Window signs must comply with all of the following:

a.

The total aggregate sign area of permanent and temporary signs shall not exceed 25 percent of the window frame area;

b.

The sign is not animated; and

c.

Internal displays of stock-in-trade are considered window signs if the display is located within 12 inches of the windowpane and is visible from a public right-of-way.

Window signs shall not be allowed above the first floor, except as follows:

a.

Window signs may be displayed by second-story occupancy frontages with no separate ground-level frontage; and

b.

In the CN district, window signs may be displayed on first- and second-story occupancy frontages.

I.

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 architecture and site approval but shall not be subject to other size and quantity restrictions in this section.

2.

Marquees shall not be allowed in the OA district.

J.

Lightbox signs. The signage allowed for lightbox signs for gasoline service stations shall be limited to 20 percent of the surface area of the lightbox up to a maximum of eight square feet.

A.

Applicability.

1.

This section is applicable to freestanding signs for any use that requires a discretionary approval under the Zoning Ordinance.

2.

Where more than one lot is subject to a single development permit, the term "lot" as used in this section shall mean all property covered by the development permit.

B.

Quantity.

One freestanding sign may be allowed on a lot for each street frontage of the lot that measures 100 linear feet or more in length.

2.

For corner lots, no more than one freestanding sign may be located within 100 feet of the corner intersection.

C.

Size.

1.

The aggregate sign area of all freestanding signs on a lot shall not exceed a total area equal to one square foot per each five linear feet of street frontage of the lot.

2.

No freestanding sign shall have an area in excess of 120 square feet.

3.

A freestanding sign shall have a maximum sign area of 40 square feet when facing streets smaller than a designated arterial street.

4.

Any sign on a corner lot that borders streets of unequal width shall be deemed to face the street with the greatest number of through-travel lanes for the purposes of determining the maximum permissible area for the sign.

5.

Notwithstanding other provisions of this section, the maximum sign area for a freestanding sign in the ML and MH districts shall be 40 square feet.

D.

Height. 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 20 feet.

E.

Setbacks.

1.

The required front setback of a freestanding sign on a lot shall be the sign height minus four feet multiplied by two, or four feet, whichever is greater.

2.

Each freestanding sign shall be located at least 25 feet from the side and rear property lines of the lot.

F.

Other provisions.

1.

A freestanding sign that is a segmented sign may not have more than four segments.

2.

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.

3.

Time and temperature signs.

a.

Any otherwise allowed freestanding sign may include a time and temperature sign not exceeding 15 square feet in sign area.

b.

A time and temperature sign not exceeding 15 square feet in sign area, excluding any frame, may be located on the primary building on a lot.

c.

Any time and temperature sign meeting the requirements of Subsection (F)(3)a or (F)(3)b above shall not reduce otherwise allowable signage.

The following signs, in addition to those otherwise permitted in this chapter, may be permitted as set forth in this section.

A.

Allowed by right. The following signs are allowed in any base district:

1.

Informational signs that display only the name of the property or premises upon which the sign is located or the owner or lessee of such property or premises, provided that such signs shall not exceed four square

feet of sign area.

2.

Advertising signs not exceeding eight square feet in area, that pertain only to the sale, rental or lease of the premises upon which the sign is located.

B.

Allowed with architecture and site approval (ASA). The following signs may be allowed in any base district subject to ASA, per the provisions of Chapter 5.40.

1.

Signs advertising the sale of a subdivision and located on the subdivision property; and

2.

Directional and informational signs of a public or quasi-public nature, including signs serving as directional signs to properties not situated adjacent to the street on which such signs are located, but not including subdivision directional signs.

Notwithstanding any other provision of this chapter, a master sign program shall be required for signs

serving multiple-occupancy buildings or sites within a city's urban service area and may be required by the approval authority in other areas of the County, depending on the nature of the use proposal. The purpose is to provide for coherent and attractive signs for this type of development.

A.

Contents. The master sign program shall identify the placement, construction, size, materials, colors, method of lighting, and other related requirements for all advertising signs.

B.

Approval. The master sign program shall be subject to architecture and site approval (ASA) as provided in Chapter 5.40.

A.

Prohibited locations. Subdivision directional signs are not permitted within -sr combining districts. Subdivision directional signs are not permitted on land within a city's urban service area if the signs would be prohibited under the applicable city's ordinances.

B.

Architecture and site approval (ASA) required. No person shall place or permit to be placed a subdivision directional sign without first having secured ASA, per the provisions of Chapter 5.40.

C.

Application. An application for a subdivision directional sign shall comply with the following provisions:

1.

The application shall be signed by the owner of the proposed sign and the owner of the land or person in control or possession of the property on which the sign is to be placed; and

2.

A statement signed by the property owner and any person in possession of the property shall be submitted with the application which shall grant the County a right to enter upon the land as may be necessary, without liability, to inspect and to remove the sign, if it does not comply with the Ordinance Code or any applicable permit. Such statement shall also authorize the County to recover all costs from the property owner related to enforcement of sign regulations. The statement upon approval shall be recorded and run with the land, binding successors to the initial parties to the agreement.

D.

Locations. A subdivision directional sign may be located on the property, if it is in accordance with the approved site plan. The sign shall not be located in any of the following areas:

1.

Within the right-of-way of any highway;

2.

Where it would be in violation of Division B17, Chapter II, commencing with Section B17-18, of the Santa Clara County Ordinance Code relating to obstruction of highways; or

3.

Where it would be in violation of the California Business and Professions Code Section 5440 relating to signs adjacent to landscaped section of a freeway.

E.

Sign requirements. Any subdivision directional sign shall meet all of the following requirements:

1.

Not impair the integrity or character of the neighborhood;

2.

Be securely affixed at its approved location;

Have no moving parts and not be lighted;

4.

Not exceed 50 square feet in total area;

5.

Have no additions or appurtenances placed upon it that are not authorized by ASA;

6.

Not exceed seven feet in height from top of sign to ground;

7.

Have a building permit and comply with all building codes and permit requirements if taller than six feet in height from top of sign to ground;

8.

Be maintained in a safe condition; and

9.

Not display any symbol or words that would likely be mistaken for an official traffic control sign.

F.

Time limits. All of the following time limit provisions apply to subdivision directional signs.

1.

The ASA permit shall specify a time limit, which shall not exceed 24 months.

2.

Upon written application to the Zoning Administrator at least 30 days prior to the expiration date of the permit, the Zoning Administrator may extend the permit for up to 24 months from the date of expiration of the original permit.

3.

If at any time during which a permit is in effect no lots remain for sale, the permittee shall inform the Zoning Administrator in writing of said fact no later than 30 days from the final closing of the last lot(s) sold.

G.

Removal of signs. The following provisions apply to the removal of subdivision directional signs:

1.

A subdivision directional sign shall be removed within 30 days of the completion of the sale of all lots, or no later than the expiration date of the permit, whichever comes first.

2.

If an action by the Planning Commission or Board of Supervisors results in the revocation of a permit, the sign shall be removed within ten days of the final decision.

H.

Failure to remove. If the sign is not removed as required by subsection G, all of the following provisions shall apply:

1.

The County may, upon expiration or revocation of the ASA permit, remove any sign placed or maintained in violation of this section after ten days' written notice mailed to the owner of the property on which the sign is located as shown on the latest assessment roll;

2.

Signs removed by the County shall be stored for a period of ten days and, if not claimed within this time, may be disposed; and

3.

For the purpose of removing or destroying any sign retained or placed in violation of the provisions of this section, the County officials authorized to enforce this ordinance may enter upon private property and remove signs without incurring any liability on behalf of themselves or the County.

(Ord. No. NS-1200.359, § 14, 12-6-16)

A.

Intent. It is the intent of this section to encourage participation by the electorate in political activity but to assure that political signs will be located, constructed and removed in a manner to assure the public safety and general welfare.

B.

Permitted subject to regulation. Notwithstanding any other provision of this chapter, political signs are permitted without an architecture and site approval in any zoning district, subject to all of the following regulations:

1.

No political sign shall be located in violation of Division B17, Chapter II, commencing with Section B17-18, of the County Ordinance Code;

No political sign shall exceed 16 square feet in surface area in any R1, R1E, RHS, R1S or R2 zoning district unless it is located on a vacant lot, in which case it shall not exceed 32 square feet; and

3.

Each political sign shall be removed within ten days following the final election to which such sign relates.

C.

Exception. This section shall not apply to commercial outdoor advertising structures lawfully located in zoning districts under this ordinance and maintained by persons licensed under California Business and Professions Code Div. 3, Ch. 2.

A.

Intent. This section establishes standards so that agricultural product sales may be reasonably and effectively advertised without resulting in significant adverse visual impacts.

B.

Agricultural sales: limited, and wineries. All of the following provisions apply to signs serving uses classified in Chapter 2.10 as Agricultural Sales: Limited, and Wineries:

1.

Number: The total number of onsite and offsite signs associated with an agricultural sales or winery operation shall not exceed six.

2.

Sign area: The sign area of any individual sign shall not exceed 64 square feet. The cumulative sign area of all onsite and offsite signs associated with an agricultural sales or winery operation shall not exceed 128 square feet.

3.

Height: Maximum height of signs shall either be: (a) 12 feet above grade, or (b) 12 feet above the pavement elevation of an adjacent road from which its message is intended to be visible; whichever is higher.

4.

Off-site signs: Up to two signs may be installed on a lot that is in a different location than that of the advertised agricultural sales or winery facility(ies).

5.

Sight clearance: In those areas adjacent to driveways or intersecting streets, signs must be situated such that adequate sight clearance for safe vehicle movement is not compromised, consistent with Ordinance Code §§ B17-68 and B17-69.

6.

Maintenance: Signs shall be maintained such that they are:

(a)

Legible at a reasonable distance;

(b)

Not in an egregious state of disrepair;

(c)

Not associated with an operation that has ceased for more than six months and is not actively pursuing reestablishment; and

(d)

Not associated with a operation where a relocation has rendered obsolete any message content.

7.

Contact information: All signs shall have the name, address, and telephone number of the person responsible for the agricultural sales or winery operation painted or printed indelibly on the back side of the sign.

8.

Discretionary review of alternative signage: Signs conforming to the provisions of this subsection (subsection 4.40.110(B)) shall be allowed by right. Uses classified as Agricultural Sales: Limited or Wineries: Small-Scale may request approval for alternatives to the sign area and height standards (subsections 2 and 3) of this section via the architecture and site approval process. For uses classified as Agricultural Sales: Farmers Markets, Wineries: Medium-Scale, or Wineries: Large-scale, the appropriate decision-making body may approve alternatives to the sign area and height standards (subsections 2 and 3) of this section via the applicable discretionary permit process. The decision-making body must find that the alternative equally achieves, or better achieves, the intent of this section.

9.

Viticulture area signing: Areas of the county that are recognized as American Viticulture Areas (AVA) by the U.S. Department of the Treasury, Bureau of Alcohol, Tobacco, and Firearms, may be identified by roadside signs. Such AVA identifying signage shall be allowed on private property adjacent to County or State roads, without impacting the numbers of other signs provided for in subsections 1 or 4. This provision shall not apply to signs that contain any message content other than that necessary to identify the area as an AVA.

(Ord. No. NS-1200.335, § 11, 12-4-12)

The computation of sign area shall be as provided in this section.

A.

Message surface.

1.

If the message surface of a sign consists of an integral surface and has a regularly shaped perimeter, the sign area 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 sign area 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.

B.

Multiple message surfaces. If a sign has more than one message surface, the sign area shall be the sum of the areas of all the message surfaces. If two surfaces on the same sign face in opposite directions (i.e., the relative angles between the directions they face is 180 degrees) and the distance between the two surfaces is not more than two feet, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation.

C.

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 two feet in depth for freestanding signs, the sign area shall be measured as if the sign had a flat surface, in accordance with subsection B, above.

2.

If a three-dimensional sign is greater than two feet in depth, the sign area 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.

D.

Other message surfaces. In the case of a form of message surface not specifically mentioned herein, the formula for the most similar type of message surface that is mentioned shall apply. The Zoning Administrator shall determine the appropriate formula for such irregular message surfaces, as part of the applicable ASA application process.

(Ord. No. NS-1200.359, § 15, 12-6-16)

A sign that was legal when brought into existence, but does not conform to the regulations for the district in which it is located, may be maintained in accordance with this section.

A.

Changes to sign. Except as provided below, no person shall replace, alter, relocate or expand any nonconforming sign or its supporting structure unless such action causes the resulting sign to be fully in conformance with the provisions of this chapter.

1.

This section shall not be construed to prohibit any maintenance of a nonconforming sign that is deemed necessary for public safety.

2.

Changing only the message content on a nonconforming sign shall not be considered an alteration, and shall be allowed.

3.

Replacement, alteration or relocation on the same parcel of a nonconforming sign may be approved by obtaining architecture and site approval, pursuant to Chapter 5.40, provided that all of the following are met:

a.

The resulting sign area is no larger than the original nonconforming sign;

b.

The resulting sign will reduce visual clutter or other adverse visual impacts.

B.

Removal of sign. A nonconforming sign shall be removed under any of the following circumstances:

1.

The building or parcel where the sign is displayed has been unoccupied for a continuous period of not less than six months;

2.

The use to which the sign relates has ceased operations for a continuous period of not less than six months;

3.

The sign has displayed no message for a continuous period of not less than six months; or

4.

The sign has been damaged to the extent that the repair or restoration of the sign and supporting structure will cost more than 50 percent of the cost to replace the sign and supporting structure in its entirety.

With the exception of residential signage provisions that may be applicable to the R1S and R3S districts, the provisions of this chapter are not applicable to development on lands of Stanford University.

Except where the context otherwise requires, the definitions in this section govern the construction of the provisions of this chapter.

Animated sign: 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. This definition does not include 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.

Attached sign: A sign that 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: A sign on an awning. Awnings include canvas coverings as well as permanent, projecting canopies.

Continuous lighting: The illumination of a sign by any type of artificial lighting that is maintained in a stationary condition and remains constant in intensity and color at all times when the sign is illuminated.

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

Fin sign: A two-sided sign that projects out from a building or surface, intended to be viewed from the side.

Freestanding sign: 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.

Halolit; halolighting (either term): 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.

Internal lighting: Illumination of a sign by a light source that is fully incorporated into the sign itself.

Light source: 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.

Lightbox: An internally illuminated, cabinet-type fixture at a gasoline service station that is usually located above the gasoline pumps and below a canopy structure that is above the pumps.

Lightbox sign: A sign located on a lightbox.

Marquee: A projecting sign that is part of a permanent entryway or entry canopy and traditionally associated with theatres. For purposes of this chapter, any sign fulfilling the same function as a theatre sign shall be considered a marquee. A marquee sometimes includes a projecting vertical sign that 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.

associated with theatres. For purposes of this chapter, any sign fulfilling the same function as a theatre sign shall be considered a marquee. A marquee sometimes includes a projecting vertical sign that 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.

Master sign program: 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.

Message surface: The surface on a sign from which the message of the sign is visually communicated.

Monument sign: 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.

Neon tube lighting: Any sign that includes one or more directly visible neon tube light sources.

Occupancy frontage: 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 street, plaza or alley. Occupancy frontage is measured parallel to the property line and at grade.

Public right-of-way: For purposes of this chapter, a public street, alley, walkway, or other public outdoor area such as a plaza or a park.

Segment: A separate message compartment in a segmented sign.

Segmented sign: A sign where the message surface contains deliberate visual demarcations used to divide the message area of the sign into separate message compartments.

Sign: 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.

Sign area: The total area of the message surfaces of a sign computed as provided in Section 4.40.120.

Subdivision directional sign: A sign directing people to the sale of lots or houses located on a recently completed subdivision, where the sign is located on property not part of the subdivision itself.

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

Temporary sign: A sign placed for a limited duration of time.

Time and temperature sign: A programmable display sign programmed to show time and temperature only.

Window sign: A sign applied directly onto a window or internal to the window within 12 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.