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Ordinance 2938CITY OF ALAMEDA ORDINANCE NO. 2938 New Series AMENDING THE ALAMEDA MUCIPAL CODE BY AMNDING SECTION 30-2 (DEFINITIONS) OF ARTICLE I (ZONING DISTRICTS REGULATIONS) OF CHATER XX . (DEVELOPMENT REGULATIONS) BY ADDING A NEW DEFINITION (SIGNS); REPEALING SECTION 30- (SIGN REGULATIONS) IN ITS ENTIRTY AN ADDING. A NEWSECTION 30-(SIGN REGULATIONS) TO CHAPTER (DEVELOPMENT REGULATIONS) BE IT ORDAIND by the City Council of the City of Alameda that: Section 1.The Alameda Muncipal Code is hereby amended by adding a new definition Signs to Section 30-2 (Definitions) of Aricle I, Zoning Distrcts and Regulations) of Chapter XX (Development Regulations)to read as follows: 30-2 DEFINITIONS Sign shall mean any object , device , display, or strctue , or part thereof, situated either outdoors , or indQors in such a maner as to be primarily viewed from the outside, which is used to advertise , identify, display, direct , or attact attention to a business , organization , institution service , event , obj ect product or location by any means including words , Jetters figues , design, symbols , fixtues , colors , ilUluination , or projected images. The term "sign" shalL include any structue which is erected or used for sign puroses , upon which the signis placed including sign statuary, or which was once used for signage. Section 2.The Alameda Muncipal Code is hereby amended by repealing Section 30- 6 '(Sign Regulations) of Chapter XX (Development Regulations) in its entirety. Section 3 TheAlameda Muncipal Code is hereby amended by adding a new Section 30-6 (Sign Regulations) to Chapter XX (Development Regulations) to read as follows: 30-6 SIGN REGULATIONS 30-1 In General; On-Premises and Off-Premises Signs. General Regulation. Signs as defined in Section 30-2, are fuher defined subsection 30-, and are permitted in all zoning districts , but shall be designed, erected altered , moved , removed , or maintained in whole or in part in accordance with the regulations prescribed in this Section. . Permit Required. A Sign Permit shall be obtained as provided in Section 30- 37 .2(b)( 5) of the Alameda Muncipal Code and a Building Permit shall be obtained as provided in Sections 6.3 and 13-ofthe Alameda Muncipal Code. Purpose. The purose of this Section is to provide standards to safeguard life , health property and public welfare by regulating and controllng the design, quality of materials location, installation and maintenance of all forms of outdoor advertising, as defined in Section 30-2. The City finds that signs are important to the economic life and welfare of the City. However, when placed in an improper manner or used to an excessive extent signs may be detrimentalto the public safety and welfare. Thepublicintel'est conservation of property values , encouragement of orderly city development , aesthetic values and protection of the public health, safety and welfare therefore require that the use.of signs be regulated. Intent. The objectives of the regulations inthis Section are to: 1. Enhance the appearance and economic value of the community by regulating the quantity, size, type, location, design and maintenance of signs; 2. Encourage signs which are compatible with adjacent land uses; 3. Encourage a high quality design with a minimUfofclutter; 4. Encourage signs which are well designed and pleasing in appearance; 5. Provide a reasonable and constitutional system of sign control; 6. Conveniently direct persons to various activities and enterprises in the city; 7. Reduce traffc and safety hazards through proper location .and design of signs; and 8. Prevent uncontrolled sign competition which is costly to business and visually unattractive to the communty. 30-2 Definitions As used in this section: Abandoned sign shall mean a sign, or part of a sign, or any strctue that does or once had supported a sign, which has not , for a period over 30 days , displayed the identity ofabusiness lessor, owner, product, service or activity on the premises where the sign and/or strctue is located. Affliation sign shall mean any sign whose sole purose is to identify membership in an association of businesses , such as ctedit card companes , association membership, trading stamps. Auto Dealership shall mean an establishment whose principal activity is the sale of new or used motor vehicles. Auto row shall mean the parcels fronting on both sides of Park Street between the Park Street Bridge on the north and the north side of Lincoln Avenue on the south, including adjacent parcels contiguous to ones with frontage on Park Street under ownership or lease to auto dealers and including adjacent portions of Blanding Avenue, Buena Vista Avenue, Pacific Avenue Tilden Way and Lincoln Avenue which abut parcels under ownership or lease to auto dealers. Awning shall mean a hood or cover which projects from a wall of a building, which is primarly intended to provide shade and shelter, and which is typically made of canvas or aluminum or similar materials , and may be fixed in place or retractable. Balloon shall mean an inflated is filled with hot air or a gas lighter than air. Banner shall mean a sign not made of rigid material either enclosed or not enclosed in a rigid frame , which is temporarily mounted. or attached to either poles , trees or buildings , and may be placed as to allow movement ofthe sign by the wind. Borderless sign shall mean a sign composed of parts of a message without a single border enclosing any of the pars. Buildingfrontage shall mean the portion of an exterior building wall which faces a public street, walkway or parking lot. When separated by interior walls , more than one (1) kind of business may be considered a separate place of business although operated within the same building by the same owner. Bulletin Board sign shall mean a sign used to display anouncements relative to a public charitable , religious or fraternal institution. Business shall mean an organization involved in the provision of goods or services , including transitory residential uses such as motels and hotels but excluding multiple residential uses. Business complex shall mean five (5) or more businesses located on one (l)or more parcels of land sharng common pedestrian or vehicular access or parking facilties. Business park shall mean industrial or commercial development in all industral manufacturng zones designated in par by the letter M, which contain at least five (5) different businesses with a combined gross floor area of at least fifty thousand (50,000) square feet. Commemorative plaques shall mean memorial signs and tablets , buildig name and erection date, symbols and similar emblems that are a permanent design element of a building or other structue. Construction sign shall mean a sign which identifies the persons , firms or businesses directly connected with a construction project. Dilapidated sign shall mean a sign that is no longer in a good state of repair, and is not visually attactive and functional , or has become . a health or safety hazard. Directional sign shall mean an on-site sign which is designed and erected solely for the puroses of directing vehicular and pedestran traffc within a project. Such a sign shall contain no advertising copy. District shall mean any zoning district designated in the zoning regulations of the City. Directory sign shall mean an identification sign listing the tenants of a building, complex or multi-tenant space. Directory signs shall not include any logos or advertising. Double-f6ced sign shall mean a sign constrcted to display its message on the .outer surfaces of two (2) identical and/or opposite parallel planes. Exterior display wall shall mean a colonnade or a wall with openings designed as an architectural feature at the front edge of an automobile dealership s display lot, designed to provide continuity with adjacent buildings and to improve appearance at the sidewalk. Externally iluminated shall mean ilumination by a light source located outside of and not attached to the surface ofthe sign. Illuminatedtubing and strings oflights outlining portions of buildings shall be considered externally iluminated signs. Erected shall mean attached , altered , built, constrcted, reconstrcted , enclosed or moved and shall include the painting of wall signs. Face of sign shall mean the entire surface of a sign upon which copy can be placed. Flag shall mean any fabric , baner, or bunting containing distinctive colors , patterns , orsymbols, used as a symbol. Flashing sign shall mean any sign which is perceived as an intermittent .or flashing light. Fraternal organization shall mean a group .of people associated or formally organized for a common purose , interest or pleasure , which shall include lodges , social halls , and union halls. Freestandingsign shalllueana sign fixed in an upright position on the ground not attached to a building or any structure other than a framework or device , erected primarily to support the SIgn. Fundraising event sign shall mean a temporary sign anouncing afundraising drive or event of a civic , philanthropic,. educational or religious organzation. Political campaign signs are not included under this category. Garage sale sign shall mean a sign with a message advertising the resale of personal property that has been used by the resident. Governmentalbuildings. For the purpose ofthisarticle , shall mean and include: City, County, State and Federal buildings. Grand opening sign shall mean a temporary sign or baner erected one (1) time only for a limited period of time to anounce the opening of anew business. Heightshall.mean the vertical distance from the uppermost point used in measurng the area ofa sign to the ground immediately below such point or the level ofthe upper surface ofthe nearest curb of the street upon which the sign fronts , whichever easurement is. the greatest. Historic sign shall mean any signs that have been determined by the Historic Advisory Board to have historic merit. Identifcation sign shall mean a sign which serves to tell only the name , address , business and/or profession .of the occupant , or use of the building upon which the sign is located, and which may include an emblem , insigna or logo. Illegal sign shall mean a sign erected in violation ofthe laws in effect at that time, and not in conformance with the regulationsofthe Alameda Municipal Code at the time of adoption ofthis arcle. Informational sign shall mean any sign which is designed and erected solely for the purpose of communcating information for the safety or convenience ofthe public, such as telephone danger, rest rooms. Institutional uses shall mean uses such as schools , churches , fraternal organizations community, governental , and public recreational facilities , hospitals and convalescent homes. Internally iluminated shall mean a sign whose light source is located in the interior of the ~~~~~~~~~~~ Light source shall mean a bulh or tube from which light is emitted when it is . activated including but not limited to incandescent fiament bulb , electrc discharge bulb , neon tube , and fluorescent tube. Marquee shall mean a permanent strcture extending over the entrance to a building, attached to and supported by the building or freestanding and self supporting. Menu reader board shall mean any sign intended to provide information to patrons while using a drve-through facilty. Menu. window sample shall mean a copy of a restaurant's regular tableside or take out menu(s), placed in the window for the intent of allowing pedestrans to view such information as the restaurant's food items , hours of availability and prices. Moving sign shall mean a sign which has any actual or apparent moving parts , activated in any way by mechanical or electrical devices or by wind curents. Signs which change or appear to change color or intensity of lighting shall be included. Multiple-facedsignshall mean a sign constructed to display its message on a curbed surface or on two (2) or more planar surfaces. Nonconforming sign shall mean any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this article, and which has subsequently come under the requirements of this article , with which it does not completely comply. Noniluminated shall mean neither directly nor indirectly lighted and containing no material that is made for the purose of being reflective orfluorescent. Offcial sign shall mean a sign or signs required bygovemmental body to discharge its legally required function. Offpremises directional sign shall meana.signjdentifying.a publicly owned facilty, emergency facilty, tenants within a business park, temporary subdivision signs , which are no greater than thirty (30) square feet in area. Such facilities and business parks may have no more than two off-premises directional signs. Real estate signs are not included in this definition. Offpremises sign shall mean any sign identifyig a use , facilty, servce or product which is not located, sold , or manufactured on the same premises as the sign or which identifies a use service or product by a brand nate which, although sold or manufactued on the premises , does not constitute the principal item for sale or manufactued on the premises. On-premises sign shall mean any sign identifying a use, facility, service or product which is located , sold , or manufactued on the same premises as the sign. Parking lot shall mean an area ofland which is accessible and usable for the off-street parking of motor vehicles , except for land designated for product display by new and used automobile dealers. Pennant shall mean a long, narrow, usually triangular flag. Permanent sign shall mean any sign for which a sign permit is issued with no time limt in accordance with the provisions of this aricle. Any mention of signs in this Aricle shall be considered to mean permanent signs unless there is a specified time limit or reference to temporary (e., promotional) signs. Political campaign sign shall mean a sign designed forthe purpose of advertising support of or opposition toa candidate or proposition for a public election. Portable freestanding sign shall mean a sign that is designed to be movable and is not structurally attached to the ground , a building, structure, or any other sign. Included are signs built in the configuation of an A" or an "I" frame , and signs mounted on rollers or slides. Privilege sign shall mean a standardized sign supplied at nominal costor fteeto a retailer where a portion of the sign face identifies the products of a regional or national distrbutor or manufacturer available only incidentally on the premises , and a portionofthesign identifies the local retailer. Signs identifying the primary commodity, service or activity available on the premises , such as signs for auto dealerships , gasoline stations and chain stores and businesses shall not be included in this category. Promotional sign shall mean any temporary sign or device (other than permanent signs used to identify the business ' or organization s name) used for advertising, examples of which include but is not limited to the promotion oflimited time offers of gifts , products or sale prices. Projecting sign shall mean any sign which is suspended .from or supported by abuilding or wall and which projectsoutwardthereftom. Signs suspended under a porch or permanent walkway covering shall be included. Real estate sign shall mean a type oftemporary sign indicating that a property or any portion thereof is open for inspection, for sale, for rent, or otherwise available or directing people to such a property. Temporar subdivisioIl signs are not included under this definition: Recreationalfacilties for the puroses of this article, shall mean and include public parks and facilities for physical recreation such as golf, tenns , swimming and boating. Reflective sign shall mean a sign whichis not electrcally iluminated ,. but which responds to light, such as from passing auto headlights by shining or glowing. Roof sign shall mean any sign erected upon or above. the roof or parapet of any building, including any porch, marquee , walkway covering, .or similar roof like strctue. Seasonal decorations shall mean temporarly erected greetings , ornamentation and displays that relate to an established and recognized holiday, such as July 4 or Chrstmas , which contain no advertising. Seasonal sales sign shall mean a temporary sign or baner erected for a limited period of time to identify a seasonal business such as Chrstmas tree lots. Sign structure shall mean any device whose primar function is to support a sign. Single-faced sign shall mean a sign constructed so that its message is displayed on a single plane, and is viewable from only one (l)side of the plane. Streamer shall mean any, ribbon-like flag or baner that relies on wind motion to attract attention. Subdivision sign shall mean a sign containing the name , location, or directions to a builder developer, and pertinent information about a subdivision for which there is. a properly approved and recorded map, and in which homes or units in a building remain to be constrcted completed or initially sold. Temporary sign shall mean any sign or advertising display, including all forms ofpromotional signs " as defined by this Section whichis tyically but not necessarily either made of paper, poster board, cardboard, cloth, canvas , fabric , plywood or other ..light. materials , orpainted directly onto windows , and is designed orintended to be displayed for a short period of time. Vehicular sign shall mean a vehicle which has a sign mounted or painted thereon which is used primarly as the sign structure and not as a vehicle. Wall sign shall mean any outward-facing sign affixed to a building or fence , at no point projecting more than six (6") inches horizontally from the surface upon which it is attached. Window display shall mean . any collection of merchandise or arifacts , aranged in a 3- dimensional display behind a. window , typically intended to provide pedestrians with a visual display of the items available for sale. The term "window display" excludes ''window sign " asdefined by this Section , but may include incidental price labels on the items heingdisplayed. Window sign shall mean any sign: (a) painted on, affxed to , or placed adjacent to , awindow, door or opening or located inside withi a distance of 3' or less from a window, door or opening, or any sign located behid a window or door or within an opening; and (b) designed to be viewed from the outside of the building. The term "window sign" excludes "window display as defined by this Section. 30-3 General Requirements on On-Premises Signs This subsection provides regulations pertaining to all On-Premise signs , and prescribes the maximum number of permanent on-premises signs and temporary promotional on-premise signs , and the maximum total area of such signs , that is permitted. The following subsection 30-6.4 Requirements by Sign Type " prescribes additionallimitationsfor the placement and size of specific types of permanent on-premises signs.(e. g. " awnng, " " wall " " window" signs) Regulations Pertaining to All On-Premise Signs: 1. Permit Required for All Permanent Signs. il order to assure compliance with the regulations ofthis Section, no permanent sign (including signs that do NOT require building permits) may be installed until a Sign Permit has been issued. Sign Permit applications shall be fied with the Plannng Deparent, and reviewed by the Planning Director, or person so designated. 2. Banners May Not Be Used as PermanentSigns. Except where permtted as a temporar grand opening sign, baners may notbe used as a sign to identify a business. Baners , regardless of mounting, may not be used as a permanent sign. Signs Not ilcluded in Allowable Maximums.. Exemptsigns , temporary signs other than promotional signs , and. conforming off-premises signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site. 3. Maximum Permitted Area of Any One Individual Sign. The maximum area for any sign shall be fifty (50) square feet unless a smaller area is required by other regulations prescribed in the Section. Number of Signs Allowed: 1. The maximum number of permanent on-premises signs per first floor use allowed for each building frontage in any zoning district is two (2), exclusive of directional signs and window signs. 2. The signs may be multiple-faced and in any combination except that a business or other use, other than a use with a drive through facility, may not have:(a) More than one (1) freestanding sign per lot.(b) More than one (1) projecting sign peruse. (c) A combination of one (1) projecting sign and one (1) freestanding sign. 3. Notwithstandingthe above prohibition on more than one(1). freestanding sign, uses with drive through facilities may be allowed to install a maximum of two (2) additional freestandingsigns , but only to serve as menu reader boards and primarily viewable only from vehicles inthe use s driveway. 4. The allowable number and type of business oriented directional signs shall be approved on an individual basis by the Planing Director. 5. See Subsection 30-6.3 c.( c ) below for nUlber of signs allowed for non first floor uses. Sign Area Allowed: 1. Business. The maximum total sign area shall be determined by measurng the building frontage ofthe business. (a) Except as provided in subsection (c) below, the total allowable sign area for a first floor business with a single building frontage shall be one (1) square foot of sign area per linear foot of building frontage , with a minimum allowed sign area of up to twenty-five (25) square feet and a maximum of one hundred (100) square feet. (b) For a first floor business with more than one (1) building frontage.. or which occupies more than one (1) building, each building frontage shall be considered separately. The total sign area for any single first floor business shall not exceed one hundred fifty (150) square feet. (c) Multiple occupancy building (1) First floor tenants whose businesses are visible from a public street , walkway or parking lot shall be entitled to a sign area based on the amount of building frontage used by that tenant , with an allowed sign area of up to twenty-five (25) square feet. (2) Second story tenants shall he entitled to either: one (1) window identification \ sign which shall not occupy more than twenty-five (25%) percent of the area of anyone window; or one (1) awning sign no larger than five (5) square feet. (3) Tenants above the first floor. level, and tenants whose businesses are not visible from a public street, shall beentitle&tosigns as part of a directory sign, either freestanding or mounted on the building frontage; three (3) square feet maximum per tenant. Home occupation: No. signs shall be. allowed. 2. Non-residential Complexes, Shopping Centers, Residential Subdivisions, Mixed-Use Projects, Historic Districts and other Planned DevelopmentProjects: (a) Individual. standards shallbe set for each. project. Requirements for similar uses discussed in this aricle shall serve as guidelines. (b) All signs , temporary and permanent , shall be approved by the Planing Director pursuant to a coordinated signng program. The program shall coordinate the following items: (1) Location, number, size and mode of display. (2) Colors , materials and ilumination. (3) Temporary signs: duration of use. 3. Multiple-Residential. The maximum total sign area for multiple-residential development shall be as follows: (a) Apartents , condominiums (three to ten (3-10) units): Ten (10) square feet.(b) Aparents , condominiums (above eleven (11) units): Twenty(20) square feet. (c) RoomingIoardinghouses: Ten (10) square feet. (d) Convalescent homes: Fifteen (15) square feet. (e) Bed and breakfast facilties: Four (4) square feet. 4. Professional Offce. The maximum total sign area shall be as set forth in Subsection 30-6.3 c. 1. above for businesses , plus the following maximum total sign area per building frontage: (a) Residential distrcts: Five (5) square feet. (b) All other distrcts: Twenty (20) square feet identification sign, and a directory sign, three (3) square feet per tenant up to a maximum of thirty-six (36) square feet. 5. Hospitals. The maximum total sign area shall be one hundred fifty (150) square feet. 6. Religious, Educational, Governmental, Recreational. The maximum total sign area shall be twenty (20) square feet. (a) Nursery schools , day care , group care and family care centers: Fifteen (15) square feet. 7. Charitable, Social, Fraternal, Union. The maximum total sign area shall be fifteen (15) square feet. 8. Construction Site: One (1) on-premises temporar sign not exceeding thirty-six (36) square feet in area. Duration shall be limited to the period of constrction. (A UsePermit is required in all residential zoning distrcts , as regulated under Section 30- 21.3. 30-6.4 Requirements by Sign Type a. Calculation of Sign Area. 1. Single-faced signs: The area shall be that within the outer-most border or edge of the SIgn. 2. Double-faced signs: The area shall be that within the outemlOst edge of one (1) face ofthe sign. 3. Multiple-faced signs and three (3) dimensional shapes: The area shall be the area oftheir maximum projection upon a vertical plane. 4. Borderless Signs: The area shall be that within a single polygon drawn with straight lines and right angle corners to enclose all sign parts. 5. Awning Signs: The area shall be the sum of the sign areas on each plane of the awnng. The area of each sign shall be calculated in the same manner as for borderless signs. 6. Sign-Support Structures: The area of sign-support strctues .other than posts or brackets shall be calculated as sign area only when the appearance of such structues attracts attention for advertising, instructional or informational purposes. 7. Directional Signs: The area of business oriented directional. signs shall be included within the total allowable sign area for the site. b. Wall Signs. 1. Signs shall be located only on building frontages which are adjacent toa public street walkway or parking lot. 2. Signs shall not at any point project from the surface upon which they are attached more than required for constrction puroses and never more than six (6)inches. 3. Signs shall be placed no closerto either side of an adj acenthusiness wall than a distance equal to ten (10%) percent ofthelength of the wal1. Signs placed closer shall be subject to twenty-five (25%) percent loss in total allowable sign area. c. Window Signs. 1. Signs shall be permitted only for windows doors or openings as set Jorth in the definition of "window sign" that are cated on the first and. second floors ofthe building frontage. 2. Signs shall.be mounted ()n the inside of or painted on windows , doors or openigs as set forth in the definition of "window sign 3. No Permanent and/or Temporar window sign shall be larger than ten (10) square feet and shall not occupy more than twenty-five (25%) percentofthearea of any one (1) window. For the puroses ofthis section window shall mean the area defined by the framing of the window. Exempt signs , as described in Subsection 30-, and window displays as defined by this Section , shall not be considered "window signs " for the purose of determining compliance with this sub-section:. d. Projecting Signs. 1. Signs shall be mounted only on the building frontage of a business. 2. Signs shall not be permitted for residential uses. 3. Signs shall be limited to street level for street level uses. . 4. The design configuation and location ofthe sign shall not block the visibility of other signs on adjoining businesses. (a) Projection and area:Business Maximum MaximumFrontage Projection Sign Area 30 ft. or more 6 ft 25 sq. ft 29 ft. or less 4 ft. 20 sq. ft. (1) No sign shall project above the eave line ofa building, or a sil of a second story . window. (2) All signs shall have a minimum vertical clearance of eight(8') feet from the ground to the bottom ofthe sign or sign structure. (3) No sign shall project within two (2') feet of a curb line. (b) Side set in for businesses with building frontage sharing common sidewalks: (1) Businesses with a building frontage of more than thirty (30') feet, the sign shall be set in a minimum of fifteen (15') feet from each sidewall. (2) Businesses with a building frontage ofthirty (30') feet or less, the sign shall be centrally located; adjacent businesses may stack signs along a common side wall if the signs are of compatible designs and material. (c) Thickness: The maximum thickness of a proj ecting sign shall not exceed that required for construction puroses , and not exceed six (6) inches. e. Awning Signs. 1. Signs shall be located only on the building frontage of a business. 2. Signs shall be limited to street level and second story occupancies. 3. Signs may be located on more than one (1 ) plane of an awning and shall be considered as one (1) sign. 4. The maximum sign area for an awnng.sign shall be thirty-six (36) square feet. 5. The design configuation and location of the awning shall not block the visibility of other signs on adjoining businesses as seen by passersby on the street. f. Freestanding Signs. 1. Signs shall not be permitted in areas zoned for residential use, except for institutional uses. 2. There shall be a minimum of seventy-five (75') feet between any two (2) freestanding signs. The purose of this provision is to avoid one (1) freestanding sign blocking the visibility of another sign on an adjoining site. 3. The maximum height for freestanding signs .shall be as follows: (a) Identifications sign: Twelve (12') feet. (b) Subdivision and constrction sign: Ten (10') feet. (c) Directory sign: Eight (8') feet. (d) Directional and informational sign: Six (6') feet. (e) Exempt signs: Six (6') feet. 4. Signs shall not project over public property or vehicular easement or right-of-way. 5. Landscaping shall be provided at the base of the supporting strctue or the freestanding sign shall be incorporated into landscaped areas as determined by the Planng and Building Director. 6. Sign area shall be allowed as foll.ows: (a) Square footage allotted to a building may be transferred to a freestanding sign in lieu of its use on the building up to a maximum of thirt (30) square feet (area of one (1) face). (b) When there is no building on the lot, or when building does not cover the entire frontage of alot , additional square footage for use on the freestanding sign shall be allowed at the rate of one-half (112) square foot per linear front foot of that portion of the lot on which there is no building, up to a maximum of thirty (30) square feet (area of one (1) face). g. Marquee Signs. 1. Signs shall be mounted only on the front and sides of a marquee. 2. Signs shall not project more than six (6") inches from the face of the marquee. 3. Signs shall not extend above the top or below the bottom ofthe marquee. 4. The maximum total area for marquee signs shall be twenty-five (25) square feet. h. Privilege Signs. 1. The type of sign and its materials and colors shall be compatible with the. architectural style of the building upon which it is to be located. 2. No more than twenty-five (25%) percent of the total sign area available under subsection 30-3 may be used to advertise the supplier ofthe sign. i. Directory Signs. 1. Directory signs shall not display any logos or advertising. 30-5 Variances Limited to Certain Provisions of Sign Regulations The provisions of Section 30-21 ofthis article .shall apply only to subsections 30-6.3.b; "Number of Signs Allowed " 30-6.3.c; "Sign Area Allowed " and 30-6.4; "Requirements by Sign Type. 30-6 Illumination of Signs a. No arificial exteriorlight used for the purpose of lighting any sign shall be so located as to result in the directing of light on to or reflecting glare upon any adjacent property or public right-of-way. b. External light sources shall be directed and shielded to prevent direct. ilumination of any object other than the sign. c. No brightly iluminated signs shall be allowed in , or within two hundred (200') feet and facing any residential zoning distrct. (Exception: hospitals. d. Light source shall utilize energy efficient fixtures. 30-7 Signs Exempt The following types of signs shall be exempt from the provisions oftheseregulations: a. Regulatory. Sign.Any sign erected and maintained pursuant to and in discharge of any governental function or required by any law , ordinance or governental regulation. b. Bench signs when located at designated public transit bus stops. c. Commemorative plaques ifinstalled and maintained by govemmentagencies or recognzed historical societies. and organzations d. Emblems and Symbols. Religious symbols , legal holiday decorations and identification emblems of religious sects, orders or historical societies. e. Vehicle Signs. Signs on licensed commercial vehicles , including trailers; provided , however that such vehicles shall not be utilized as parked or stationar outdoor display signs. f. Business District Directory Signs. Signs provided by the City for pedestran identification of nearby businesses. g. Address. Street number and street name not exceeding two (2) square feet in area per single family or duplex unit, and four (4) square feet in area for all other uses. h. Affliation Sign. Signs not exceeding one-half (112) square foot in area per sign, and six (6) in number per business. . 1. Barber Pole but shall contain no advertising. j. Flags. Flags of any nation or political jurisdiction shall be exempt provided that the pole height for flags mounted on poles shall not exceed twenty-five (25') feet , except upon approval of a design review application which includes photographs and drawings submitted by the applicant, in order to achieve compatibility of scale with nearby large buildings and landscaping, and provided that the length ofthe flag shall be no mote tp.an one-quarer (114)ofthe height of the pole. Weather flags, nautical flags and pennants when displayed on boats in marnas , or on any land area within fifty (50') feet of water frontage, shall be exempt provided that they shall be primarily viewed from the water and void of any commercialintent. k. Gasoline Sign. Pump signs identifying the type and octane rating shall be permanently affixed to the pump, not to exceed two (2) square feet in size and two (2) in number per pump for each gasoline type dispensed. Price signsreadablefrom adjacent streets shall be in accordance with the requirements ofthe Business and Professional Code of Californa as to wording, coloring and size of letters and numerals , and shall not exceed five (5) square feet Historic Sign. Any signs that have been determined by the Historic Advisory Board to have historic merit. m. Hours of Operation Signs. Signs displaying such information as the hours of operation emergency contacts and whether or not a business is open or closed. Such signs shall not exceed two and a half (2.5) square feet n' Interior Sign.Signs located within the interior of any building, mall, arcade, complex or strctue and not visible from any public street, walkway or parking lot. o. Residential Nameplate. One (1) sign not exceeding two (2) square feet in area per single family or duplex unt. p. Crime Prevention Neighborhood WatchSigns. Signs identifyig an area paricipating in a Police Department approved Neighborhood Watch Program. The allowable number, location and design of said signs shall be approved on an individual basis by the Plannng Director. Maximum sign area: three (3) square feet; minimum ground clearance:seven (7') feet; maximum height: nie (9') feet. q. Signs Designating DrugFree Zones. Signs identifyng the City of Alameda as a Drug Free Zone area. Maximum sign area: three (3) square feet; minmum ground clearance: seven (7') feet; maximum height: nine (9') feet. r. Hospital Directional Signs. Off-premises signs directing uses to twenty-four (24) hour emergency care facilities. The copy of such signs shall consist of ", and/or "Hospital" and/or an arrow and shall not contain any advertising in the fQrm of the specific facilty name or logo. The allowable numbers , location and height of said signs shall be approved by the Plannng Director and City Engineer. The total sign area in square feet for all signs mounted on the same pole or other structure at each location shall not exceed three (3') feet in area excluding arrow. s. Non-commercial, Political, Religious or Public Service Signs. Signs containing noncommercial , political , religious or public service messages ,provided that these signs are used exclusively to display such messages and comply with the applicable advertising structue controls in subsection 6-3 of chapter VI of this Code. t. Menu, window display, provided total area of posted menus does not exceed two (2) square feet (e., an area 12" by 24"). Window menu displays in excess of2 square feet may be permitted as window signs , subject to the limitations on number of signs , and area of signs prescribed by sub-sections 30-6.3 and 30-6.4. 30-8 Temporary Signs In addition to exempt signs , and the permanent signs permitted by this Section, the following types of temporary signs are permitted, subject to thefollowing regulations and limitations. Alltemporarsigns , otherthan promotional signs , are exempt from the number and size limitations prescribed by sub-sections 30-3 and 30-6.4. The time limitations for specific types of temporary signs are prescribed below: a. Closedforvacation or remodeling sign. One(1) sign not. exceeding two (2) square feet that specifies . a reopening date and which is removed no later than the day following the reopening date. b. Fundraising Event Sign: One (1) sign not exceeding four (4) square feet in area per parcel or business for all parcels zoned for residential use , and sixteen (16) square feet in all other zoning distrcts; located on private property, with the owner s permission, fora maximum of thirty (30) days and removed within two (2) days after the event. c. Garage Sale: On-premises signs and directional off-premises signs , for not more than two (2)days prior to and removed within one (1) day after the sale. d. Grand Opening Sign: Signs or baners erected one (1) time only, for a maximum of thirty (30) consecutive days , and not exceeding fifty (50) square feet in area per sign. All grandopenig signs shall state , using letters at least one (1) inch in height , the date the sign was installed. e. Political campaign sign: Temporar signs on behalf of candidates forpublic office and for. or against ballot measures , to be removed no later than two (2) days after the election. f. PromotionalSign: One (1) window sign may be located inside or outside the glazed area of each building elevation with a street frontage , for a maximum of30 consecutive days , and cumulative for a maximum of niety (90) days per year subject to the limitations on maximum window sign area prescribed by subsection 30-6.4.c. All promotional signs shall state , using letters at least one (1) inch in height, the date the sign was installed. g. Real Estate Sign: Real estate signs may be located in any zoning distrct, hut may onlybe located on private propert (subject to the granting of the owner s permission), and are subject to. the following limitations: 1. On-premises signs shall be located in accordance with the following: (a) One (1) on-premises.signis permitted for the time period that the indicated property is available for sale or rent. For single family dwellings or duplexes the sign area shall not exceed four (4) square feet in area. For multi-family dwellings , commercial, or industrial uses , the sign area shall not exceed sixteen(16) square feet in area. (b) In addition, one (1) on-premises sign indicating the property is open for inspection not exceeding four (4) square feet in area. This sign may not be placed more than two (2) hours prior to the open house and must be removed withn two (2) hours after the open house. (c) In addition, up to three (3) on-premises sign riders indicating information such as the agent's name and phone numbers , home waranties offered, or instrctions on viewing the property. Each rider shall not exceed one (1 ) square foot. 2. Off-premises signs are limited to a maximum of six (6) per open house, not exceeding four ( 4) square feet in area per sign. Signs may not be placed on public property except for medians of public roads. and sidewalks. Signs may not be placed on medians or sidewalks in a maner which obstrcts, pedestrian or vehicular traffic or lines of sight. These signs may not be placed more than two (2) hours prior to the open house and must be removed within two (2) hours after the open house. h. Seasonal Decorations. Seasonal decorations are permitted, providing that they are not installed more than forty-five (45)days prior to , and removed not more than seven (7) days after a holiday. 1. Seasonal Sales Signs. Signs to identify a seasonal business may be erected. for a maximum of thirty (30) consecutive days. Wall , fence , free-standing signs and baners shall not exceed twenty-five (25) square feet in total area. The same signs cannot be reused forsixty(60) consecutive days. Dilapidated signs canot be reused. Permission shall be obtained from the Planning and Building Director unless exempt under subsection 6- J. Special Event Signs. Signs or baners with a holiday message identifying a civic .or public event or holiday, and erected in any zoning district on private property with the owner permission for not more than thirty (30) consecutive days . and are removed within.two(2) days following the event. Permission shall be obtained from the Planing and Building Director unless exempt under Section 6-6. .Baners to promote such special events may be located within vehicular rights-of-way, subject to the approval of the City Manager, and compliance with Bureau of Electrcity, Building Inspection and Public .Works Departent regulations. Californa State Departent of Transportation approval may also be necessar for banners withn the vehicular rights-of-way. 30-9 Prohibited Signs a. Obscene or Offensive to Morals. Signs containng statements , words , or pictues of an obscene , indecent or immoral character which appeal to the pruent interest in sex , or which are patently offensive and do not have serious literar, artistic , poliical or scientific value are prohibited. b. Hazards to Traffc. Other than when used for traffc direction , signs which contain or are an imitation of offcial traffic signs or signals are prohibited. No sign shall be erected in such a manner that its size, location, content, colors , or ilumination wil interfere with, obstruct confuse or mislead traffic. c. Hazards to Exits. No sign shall be erected in such a maner that any portion of the sign or its support is attached to , or wil interfere with, the free use of any fire escape . exit , or standpipe. No sign shall be erected which wil obstruct any required stairway, door, ventilator or window. d. Roof Locations. Signs erected upon or extending above any part of a roof. or false roof structue are prohibited. e. Motion Devices. Signs utilizing flashing lights , changing of color intensity, or mechanical moving parts are prohibited including all moving signs. (Exceptions: historic signs , barber poles and, with a Use Permit, anmated signs but only if determined by the Use Permit to have outstanding aristic merit.) f. Excess Area. Signs in excess of fifty (50) square feet. g. Windblown .Devices. Except for exempt . flags . and banners , use of windblown or inflatable devices of any type is prohibited, including the production of smoke, bubbles , sound, or other substances. h. Portable Freestanding Sign. Portable freestanding signs are prohibited except for temporary service station and real estate signs on medians of public roads . and . sidewalks. Such temporary service station and real estate signs may not be placed on medians or sidewalks in a manner which obstrcts pedestrian or vehicular traffic, or lines ofsight. 1. Signs on Vehicles. No vehicle may be used as a platform or substitute for abilboard or any other type ofsign, whether on private property or within a public right-of-way. J. Natural Despoliation. Signs cut , burt, limed , painted or otherwise marked on a rock, tree or field are prohibited. k. In Storage. Signs shall not be located on a premises so as to be visible from off of the site prior to. erection or while in storage. 1. Dilapidated Signs except Historic Signs. m. AbandonedSigns except Historic Signs. n. Miscellaneous Signs and Posters. The posting or painting of signs not otherwise defined or pennttedinthis article. 30-10 Abatement of Nonconforming On-Premises Signs Any on-premises sign which does not conform to the regulations of this section shall be removed by the owner orpossessor thereof within the period of time prescribed herein and the surface on which the sign was mounted or attached shall be. patched, painted and otherwise repaired to remove all evidence of the former sign. a. Signs with the following prohibited characteristics shall be abated immediately: 1. Obscene or offensive to morals. 2. Hazard to traffc. 3. Hazard to exits. 4. Vehicular sign. 5. Portable advertising signs. b. The following prohibited signs shall be abated within thirty (30) days: 1. Motion devices. 2. In storage signs. 3. Wind blown devices. 4. Abandoned signs. (a) Continuation of abandoned sign: The owner or future user of an abandoned sign who desires to make subsequent use of the sign itself shall, within thirty (30) days of the abandonment, give wrtten notification to the Planng & Building Director, and if approved by the Plannng & Building Director resume use ofthe abandoned sign within thirty (30) days of the Planning & Building Director s approval. In the case of a sign structure , such written notification shall be given within one hundred. eighty (180) days of the date of abandonment and the strctue reused within one (1) year of such date. 5. Dilapidated signs. 6. Damaged Sign. Damaged to the extent of fift (50%) percent of its curent replacement value. c. All other nonconforming on-premises signs shall be abated either after the expiration ofthe useful life of the sign(s) for Federal income tax purposes or aftera period equal to the number of years obtained by dividing the total cost of the sign(s) when installed by five hundred (500), whichever comes first, provided however, that no less than three (3) years from the effective date ofthis section * shall be allowed for amortization. * Editor s Note: As added by Ordinance No. 2028 N.S. effective January 2 , 1981 30-11 Removal of Nonconforming Signs Any sign that is in noncompliance with the regulations of this section shall be removed prior to or upon the date designated for removal in the above abatement schedule. If the owner of, or the person or persons responsible for, the sign fails to. remove the nonconforming sign, the owner of the premises upon which the sign is located shall be responsible for.the removal of the sign and the work shall be done within ninety (90) days following the date of non-conformance. The procedure for the removal of all nonconforming signs shall be as follows: a. The Planing & Building Director, or hislher designated representative, may cause the removal of any nonconforming sign and supporting structue and shall charge the costs incured against any of the following, each of whom shall be jointly and severally liable for said charges; provided, however, that any decision or determination of the Planing & Building Director may be appealed in accordance with the general provisions as set forth in paragraph c. 1. The permittee; 2. The ownerofthe sign; 3. The owner of the premises on which the sign is located; 4. The occupant ofthepremises on which the sign is located; b. A sign and supporting strcture removed by the City shall be held not less than thirt (30) days by the City, durng which time it may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the thirt (30) day period, the sign and supporting strctures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be biled to the owner. c. A person appealing the decision ofthe Planning & Building Director shall .fe a notice of appeal with the Secretary of the Plannng Board within fifteen (15) days of the decision. The Planing Board shall hear the appeal. The decision ofthe Planning & Building Director shall be affrmed unless the appellant establishes that the sign( s) has not yet become nonconforming pursuant to subsection 30-15. d. Nothing in this subsection shall be constred to reli ve the owner ofthe sign or the premises on which the sign is located, the permttee or the occupant of the premises on which the sign is located from the duty of removing sign( s) at the time required by this section. e. Removalby the Planing & Building Director, or his/her designated representative is an alternate procedure and nothing in this subsection shall be constred as a limitation on the authority of the City to abate nonconforming uses under this secti.on as a nuisance pursuant to Section 1-5 of this Code. All nonconforming signs are declared hereunder, as well as under Section 1-, a public nuisance. 30-12 Special Requirements for Auto Dealerships within Auto Row All other sign regulations shall apply to auto dealerships within auto row except as provided in this subsection: a. Number of Signs Allowed. 1. The maximum number of on-premises signs shall be six (6) per .auto dealership, exclusive of directional signs , and a maximum of three (3) signs per building side. Signs may be posted on . the street facade of a building or abuilding facade. facing a parkig lot provided that the lot is used by the same dealership. 2. An exterior display wall shall be considered a buildingftontage for puroses of sign placement. All exterior display walls shall be subjectto design review. 3. The signs may be multiple-faced and in any combination except that a business may not have: (a) More than one (1) fteestanding sign per lot; (b) More than one (1) projecting sign per auto dealership; (c) A combination of one (1) projecting sign and one (1) freestanding sign. 4. Directional Signs. Each auto dealership may have a maximum of three (3) vehicle oriented safety and directional signs solely for the purpose of guiding traffic , parking, and loading or private parking inside the property, and not bearng advertising materials or business identification. Maximum sign area shall be four (4) square feet. Maximum height for freestanding signs shall be four (4) feet. Additional directional.signs may be permtted by design review , based on a finding of necessity. Directional signs shall not be included in tpe computation oftotal number of signs nor total signage allowed. b. Sign Area Allowed. 1. The maximum total sign area shall be determned by measuring the building frontage of the auto dealership. (a) The tota1.allowable sign area for an auto dealership shall be one (1) square foot sign area per linear foot of building frontage , with a minimum of twenty-five (25) square feet and a maximum of two hundred (200) square feet. (b) A component or deparent of an auto dealership, such .as service and repair ,. which is on a separate parcel ftom the dealership shall be considered a separate business but shall comply with all sign regulations of Section 30-, and . the additional provisions of subsection 30-shall not apply. (c) The maximum area for any sign shall be one hundred fifty (150) square feet. c. Window Signs. 1. Signs shall not occupy more than twenty-five (25%) percent of the window area, except that a larger percentage may be covered in conjunction with a special event for a maximum of four (4) periods per calendar year, but in no case is the time period to exceed twenty (20) days per year , subject to approval of the Planng & Building Director, upon submission of a written request. Time periods durng which such larger window displays are allowed shall be included in the total time for special events asspecified under point (e)(l) below. d. Freestanding Signs. 1. The maximum height of freestanding identification signs shall be twelve (12') feet. 2. Freestanding signs are not subject to the seventy-five (75) foot separation requirement set out in subsection30-6.4(f)2 but shall be placed to assure no view blockage of existing SIgnS. e. Special Events Decorations. 1. Special events decorations , . including baners , and flags , except balloons , pennants and streamers , may be permitted in conjunction with a special event for a maximum of four (4) periods per calendar year, but in no case is the time period to exceed twenty (20) days per year, subject to approval of the Plannng & Building Director, upon submission of a wrtten request. Time periods during which window displays covering more than twenty- five (25%) percent of the window area are allowed , as specified under point (c)(l) above shall be included in the total time for special events. 2. Balloons , pennants and streamers may not be used at any time. 30-13 OrfPremises Si2ns -General Re2ulations Offpremises outdoor advertisingsigns, where permitted, shall not: a. Exceed fifty (50) square feet. b. Be located on the roofofa building. c. Be located within: 1. One thousand (1 000') feet of another off-premises outdoor advertising sign which does not conform to the provisions of paragraph a. where both of the signs do not conform to the provisions of paragraph a. or 2. One hundred (100') feet of another off-premises outdoor advertising sign where one or both ofthesigns conform to the provisions of paragraph a. d. Excepting off-premises directional signs , be visible from a building or lot in a residential distrct. e. Excepting off-premises directional signs , be visible w thin one thousand (1 000') feet of any bridge, tuel , dock or boat ramp. f. Be located so that amotorist would view the sign as adjacent to or behind a traffic signal or sign from a distance of one hundred (100') feet or less from the nearest curb line of the cross street at the intersection controlled by the traffic signal. g. Excepting off-premises directional signs , be located on a route designated on the General Plan as a scenic route. h. Excepting off-premises directional signs , be located on or adjacent to a parcel ofland containing a structure listed on the historical building study list. 1. Be located in residential or C-l Distrcts. 30-14 Off Premises Directional Sbms Off premises directional signs require use permit approval pursuant to subsection 30-21.3. 30-15 Off Premises Siens - Abatement Schedule Any off-premises sign which does not conform to the regulations of this section shall be removed by the owner or possessor thereof at the earliest of the following occurrences: a. The expiration of the useful life of the sign or signs for federal income tax puroses. b. The recovery of the owner s investment , including cost of installation, as measured by the sum .of the net income earned. Net income earned shall. mean gross revenues earned less expenses of operation and administration and a provision for ten (10%) percent return on invested capital. c. The passage of fifteen (15) years from the date of completion or acquisitionofthe sign; or d. The passage of five (5) years from Februar 16 , 1973 (the effective date of Ordinance No. 1683); or e. One (1) year shall be added to the applicable paragraph a. through d. to compensate the owner for the cost of removal. 30-16 Conflcts with other Provisions a. Where there is a conflict between the regulations of this section and the regulations of any other section of this Code, the regulations of this. section shall prevail; provided, however that the regulations of other sections shall prevail in the following cases: b. Where the regulations of any other section are more restrictive. c. Where a Planned Development Distrct has been established. in . accordance with the procedure set forth in subsection 30-13 paragraphs a.. through n. ofthisCode, provided that any such Planed Development Distrct regulations shall include comprehensive sign regulations encompassing.the entire Planned Development Distrct area. d. Nothing containedinSection 6-3 of this Code , shall be constred to authorize or permit any sign prohibited or regulated by this section. Section 4 . This Ordinance shall be in full force and effeCt from and after the expiration ofthirty (30) days from the date of its final pass rge Attest: Lara Weisiger, City 1 rk City of Alameda ****** , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of April , 2005 by the following vote to wit: AYES:Councilmembers Daysog, deHaan, Gilmore , Matarrese and MayorJohnson - NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this 6 day of April , 2005. Lara Weisiger, City C e k City of Alameda