Albany City Zoning Code
§ 20.32
SIGNS
[3-2-2020 by Ord. No. 2020-01[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 20.32, Signs, adopted by Ord. No. 78-07, as amended.
§ 20.32.010 Purpose.
This section creates a comprehensive and balanced system of sign regulation in the City of Albany which will facilitate communication by sign and simultaneously serve public interests, including, but not limited to, the following:
A.
Free Speech. To accommodate and encourage the right of free speech by sign display, while balancing this right against other public interests.
B.
Public Health and Welfare. To serve the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs.
C.
General Plan. To implement the sign-related goals, purposes and strategies of the City's general plan.
D.
Regulation System. To establish a comprehensive and reasonable system for regulating signs integrated within the Zoning Code.
E.
Notice. To provide public notice of rights and responsibilities related to sign display.
F.
Equal Rights. To ensure that similarly situated persons have equal rights and responsibilities regarding sign display.
G.
Community Aesthetics. To serve the aesthetic interests of the City by minimizing visual clutter which can be caused by excessive signs.
H.
Visibility. To relate sign area and height to viewing distance and optical characteristics of the eye.
I.
Safety. To reduce safety hazards to drivers and pedestrians by minimizing the view obstruction, distraction, and confusion that can result from inappropriate or improperly placed signs.
J.
Structural Integrity. To minimize safety risks by ensuring structural integrity and proper maintenance of signs.
K.
Residential Tranquility. To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by excessive commercial signs.
L.
Compatibility. To ensure that sign structures are physically compatible with the surrounding area.
M.
Property Values. To protect and enhance property values by minimizing signs that contribute to the visual clutter of the streetscape, such as oversized signs and excessive temporary signs.
N.
Economic Value. To enhance the economic value of the City and each area therein by setting reasonable rules regarding sign size, location, design and illumination.
O.
Information. To serve the public convenience by providing for directional and functional information on signs.
§ 20.32.015 Regulatory Scope.
This section regulates signs that are mounted or displayed on public and private property within the City of Albany.
§ 20.32.020 Definitions (A-Z).
A.
As used in § 20.32, Signs, this section, the following terms shall have the meanings indicated:
AWNING
Any structure made of flexible fabric or similar material covering a frame attached to a building.
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AWNING SIGN
A visually communicative element placed upon an awning.
BANNER
Any temporary sign of lightweight fabric or similar material that is mounted on a building wall (or construction fence if located at a construction site) at one or more edges for the purpose of attracting attention and/or displaying a visually communicative image.
BILLBOARD
A permanent structure sign in a fixed location, that meets one or more of the following criteria:
1.
Is intended to be used for, or is actually used for, the display of general advertising or general advertising for hire, regardless of whether the display of the message is in exchange for cash or any other consideration, and regardless of whether a given message is categorized as commercial, noncommercial, or otherwise; or
2.
Is intended to be used for, or is actually used for, the display of commercial advertising messages which pertain to products or services which are offered at a different location, also known as "off-site commercial" messages; or
3.
Constitutes a separate principal use of the property, in contrast to an auxiliary, accessory or appurtenant use to the principal use of the property.
CITY PROPERTY
Land or other property in which the City of Albany holds a present right of possession and control.
COMMERCIAL MESSAGE
A visually communicative image on a sign, or a portion of a sign, which proposes or encourages an economic transaction, or which concerns the economic interests of the sign sponsor and/or the viewing audience. Contrast: noncommercial message.
DEVELOPMENT SIGN
A temporary sign listing the architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development or construction or financing of the project.
EXEMPT SIGN
A sign which may be legally displayed, erected or maintained, but it is not subject to a sign permit. Exemption from the sign permit requirements does not mean exemption from other applicable planning and zoning requirements. Exempt signs may still be subject to rules about size, height, setback, illumination and other applicable requirements of this chapter or Code.
FLAG
Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea or other meaning. The term is not restricted to official or government flags.
FREESTANDING SIGN
A permanent structure sign that is self-supporting in a fixed location and not attached to a building. Freestanding signs are of two general types: monument and pole.
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FULLY ANIMATED SIGN
An on-premises identification sign with flashing, blinking, animated, or rotating signs, or signs whose illumination or surface changes with time; this shall not include barber poles, reader boards or public service messages such as time and temperature.
HOLD HARMLESS
An agreement between the property owner and the City which indemnifies and relieves the City of all financial responsibility, liability and other costs, including attorneys' fees, for any injury or damages that result by virtue of a claim against the City by a third party.
ILLEGAL SIGN
Any of the following:
1.
A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;
2.
A sign that is unlawfully placed and causes a potential traffic hazard or obstructs site distance or the view of any authorized traffic sign, signal, or other such device.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. The term includes signs made from neon or other gas tubes that are bent to form letters, symbols, or other shapes.
MARQUEE SIGN
A permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.
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MASTER SIGN PROGRAM
A comprehensive scheme for a consistent visual theme applicable to multiple establishments located in a single development project. Such programs often include standardized fonts, lighting, background, other elements of graphic design, and placement rules. Also known as "sign program."
MONUMENT SIGN
A freestanding sign constructed upon a solid-appearing base or pedestal.
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MURAL
A one-of-a-kind, hand-painted or hand-tiled image applied to and made integral to the exterior wall of a commercial or industrial building in commercial and industrial zones, in public view, that contains no commercial message.
NITS
The measurement of a surface brightness or candela per square meter.
NONCONFORMING SIGN
A sign that was lawfully erected but which does not conform to current law. The term does not apply to signs that were originally erected in violation of then-current law.
NONCOMMERCIAL MESSAGE
The message on a sign which concerns noncommercial matters, typically including commentary or advocacy on topics of public debate and concern, such as, by way of illustration and not limitation, religion, politics, art, and social commentary. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor such as on-site or off-site. Contrast: commercial message.
NONCOMMUNICATIVE ASPECTS
Those aspects of a sign which are not directly communicative, such as the physical structure when not figurative or symbolic, mounting device, size and height, setback, illumination, spacing, density, scale and mass relative to other structures, etc.
OFF-SITE OR OFF-PREMISES SIGN
A sign that identifies, advertises or attracts attention to a business, product, service, event, or activity sold, existing or offered at a different location.
ON-SITE OR ON-PREMISES SIGN
Any sign or portion thereof that identifies, advertises or attracts attention to a business product, service, event or activity that is sold, existing or offered upon the same property or land use as the sign.
ON-SITE ADVISORY SIGN
A sign which provides information for the convenience of the public such as services available, direction or courtesy information. Typical examples include store entrances, walk-up windows and self-service operations, hours of operation, handicapped accessibility, restroom, and directional signs for vehicles, bicycles, and pedestrians.
PARTIALLY ANIMATED SIGNS
Flashing, blinking, animated, or rotating signs or signs whose illumination or surface changes with time, on a very limited basis. This shall not include barber poles, reader boards or public service messages such as time and temperature.
PENNANT or STREAMER
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags are not within this definition. Traditional pennants are triangular to "swallow tail" in form and longer in the fly than in the hoist or attachment.
PERMANENT SIGN
One for which a sign permit is approved and issued with no time restriction.
POLE SIGN
A freestanding sign supported by one or more metal or wood posts, pipes, or other vertical supports. This includes signs whose supporting poles or pylons are covered by cladding. This definition applies to pole signs even when the poles have been covered by cladding.
PORTABLE SIGN
A sign not permanently attached to the ground or other permanent structure but which is instead designed to be transported or easily moved, including, but not limited to, signs designed to be transported by means of wheels, A-frames and balloons.
PRIMARY BUILDING FACE
That wall of a building which contains the principal entrance or entrances to the building. If there are principal entrances in more than one wall, the longest of the walls in which principal entrances are located shall be the primary building face. "Primary building face" shall include not only the wall itself but all doors, windows, or other openings therein and projections therefrom.
PROJECTING SIGN
A sign affixed to the face of a building and projecting more than 12 inches either perpendicularly or at an angle from the surface.
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PUBLIC RIGHTS-OF-WAY
All public rights-of-way, regardless of ownership. City property includes any curbstone, lamppost, pole, bench, hydrant, bridge, wall, tree, sidewalk, parking strip or structure in or upon any public street, alley, public right-of-way or any other public property.
READER BOARD
A sign or portion of a sign designed for use with interchangeable letters.
REAL ESTATE SIGN
Any temporary sign displaying a message which concerns a proposed sale, rent, lease, or exchange of real property. All signs described within California Civil Code Section 713 are within this definition.
ROOFLINE
The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
ROOF SIGN
A type of roof sign that is located on a roof of a building or having its major structural supports attached to a roof.
SIGN
All letters, figures, symbols or objects designed or used to attract or direct attention for identification, directional or advertising purposes. "Signs" include all banners, placards, posters, strings of lights, outdoor displays and similar items used to attract attention.
SIGN AREA
The display surface area including any background or backing constructed, painted or installed as an integral part of the sign as follows:
1.
Where separate backing or individual cutout figures or letters are used, the area shall be measured as the area of the smallest polygon and not to exceed six straight sides which will completely enclose all figures, letters, designs, and tubing which are part of the sign.
2.
Where separate or individual component elements of a sign are spaces or separated from one another, each component shall be considered a separate sign.
3.
The total sign area shall be measured to include all sides of a double-faced or multisided sign.
SIGN PERMIT
A written authorization from the City to erect, maintain or display a sign. A building permit issued for a sign is also considered a sign permit for that sign.
SPECIAL PUBLIC EVENTS
Events such as public street closures, parades and demonstrations.
STREET BANNER
A sign made of material similar to heavy canvas or reinforced plastic, attached to light standards, and suspended over a City street or sidewalk from time to time.
STREET FRONTAGE
The linear distance of the property parallel to the street right-of-way.
SUSPENDED SIGN
A sign hung from beneath an awning, canopy, covered walkway or arcade. This category also includes projecting signs.
TRADITIONAL PUBLIC FORUM
The surfaces of City-owned streets, the surfaces of City-owned public parks (not including cemeteries), public sidewalks which are connected to the City's main pedestrian circulation system, and the surface of the pedestrian area immediately surrounding City Hall (not including the interior thereof). In consultation with the City Attorney, the Community Development Director shall interpret this term for compliance with court decisions.
TEMPORARY COMMERCIAL SIGN
A commercial sign intended for display of up to 90 days. Area of temporary signs shall not be included in computation of allowable area for permanent signing.
TEMPORARY NONCOMMERCIAL SIGN
A sign which displays noncommercial speech. Temporary noncommercial signs shall not be inflatable or air-activated, projecting, or roof-mounted.
WALL SIGN
Any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also includes signs on a false or mansard roof.
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WINDOW SIGN, PERMANENT
A sign displayed within three feet from the inside of the window face or on the window face, and that is visible from a public street or walkway, on display without change in image for more than 90 days per calendar year.
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WINDOW SIGN, TEMPORARY
A sign displayed within one foot of a window face, and that is visible from a public street or walkway, on display less than 90 days per calendar year.
YARD SIGN
A freestanding sign displayed on private property displayed from ground level.
§ 20.32.025 Evaluation Standard.
Whenever any sign permit, master sign program, conditional use permit, zoning administrator permit, or planning entitlement, or other sign-related decision is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, compatibility with the surrounding area, etc.
§ 20.32.030 General Regulations.
A.
Nontransferable. Each permit will be for a specific sign of a specific occupant and will not be transferable from one location to another.
B.
Window Coverage. In commercial zoning districts, window signs shall not exceed 20% of the window area and transparent door frontage on any building facade. Any sign either hung within two feet of a window or attached to a display located within two feet of a window shall be considered a window sign.
C.
Public Right-of-Way Projections. All property owners who wish to install any signs which project onto the City's public right-of-way shall be required to submit a hold-harmless agreement prior to sign installation that indemnifies and relieves the City, and if necessary, the State of California, of all financial responsibility, liability and other costs.
D.
Sign Placement. Signs shall not be installed to cover architectural or character-defining features of the building. Where feasible, signs should be placed below transom level and indirectly illuminated or halo-lit.
E.
Removal of Illegal Signs. Signs erected or placed contrary to the regulations of this section shall be removed promptly upon notice from the Community Development Department.
F.
Immediate Removal. Streamers, pennants, banners, nonconforming in-window signs and signs which are dilapidated or abandoned shall be promptly removed.
G.
Owner's Consent. No sign may be placed on private property without the consent of the legal owner of the property and persons holding the present right of possession and control (ex: tenant or leaseholder).
H.
Responsibility for Compliance. The responsibility for compliance with this section rests jointly and severally upon the sign owner and/or sponsor, all parties holding the present right of possession and control (e.g., tenant or leaseholder) of property whereon a sign is located, and the legal owner of the lot or parcel, even if the sign was mounted, erected, or displayed without the owner's consent or knowledge.
I.
Prospective Regulation. This section applies only to signs whose structure or housing is affixed to its intended premises after the date on which this section takes effect. However, this provision does not legalize signs which were originally installed without full compliance with all then-applicable laws.
J.
On-Site and Off-Site Distinctions. The distinction between on-site (or on-premises) and off-site (or off-premises) within this section applies only to commercial speech messages.
K.
Applicability for Mixed-Use Projects. In any zoning district where both residential and nonresidential uses are allowed, the sign-related rights and responsibilities applicable to any particular parcel or land use are as follows: residential uses are treated as if they were located in a residential land use designation where that particular residential use would be allowed as a matter of right, and nonresidential uses are treated as if they were located in a nonresidential land use designation where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process.
L.
Legal Nature of Sign Rights and Duties. As to all signs attached to real property, the sign rights, duties and obligations arising from this section run with the property on which a sign is mounted or displayed. This section is not intended to modify or affect the law of fixtures, ownership of sign structures, or sign-related provisions in private leases so long as they are not in conflict with this section or other law. This section is not intended to prevent or impede a sign owner from removing a sign structure from a given location and installing it in another location, so long as all permit requirements applicable to the new location are satisfied.
M.
Sign Removal. Upon closure of a business, the sign shall be removed within 30 days of the date of closure.
§ 20.32.035 Message Neutrality.
A.
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular protected noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.
B.
Message substitution under this section does not:
1.
Create a right to increase the total amount of sign area on a parcel, lot or land use;
2.
Affect the requirement that a sign structure or mounting device be properly permitted under the Building Code;
3.
Allow a change in the physical structure of a sign or its mounting device; or
4.
Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.
C.
Message substitution is a continuing right that may be exercised any number of times. Substitution of message applies to the whole or any part of any legally existing sign display area. The substitution right applies to the sign owner and to any other message sponsor displaying any image on the sign with the owner's consent, regardless of whether a fee or any other consideration is given for the display.
§ 20.32.040 Temporary Commercial Signs.
A.
Time Duration. Temporary commercial signs may be displayed for up to 90 days in commercial and industrial zoning districts.
B.
Location. Signs shall be located on private property only and with permission of the owner or occupant.
C.
Size Limitation. Temporary commercial signs shall not exceed four square feet in area per sign.
D.
Public Right-of-Way. Temporary commercial signs shall not be located on City property or public rights-of-way. Temporary commercial signs located on City property or public rights-of-way shall be subject to removal by the City of Albany.
§ 20.32.045 Temporary Noncommercial Signs.
A.
Time Duration. Temporary noncommercial signs may be displayed without a time duration in all zoning districts.
B.
Location. Signs shall be located on private property only and with permission of the owner or occupant.
C.
Size Limitation. Temporary noncommercial signs shall not exceed 16 square feet in area per sign.
D.
Public Right-of-Way. Temporary noncommercial signs displayed shall not be located on City property or public rights-of-way. Temporary noncommercial signs located on City property or public rights-of-way shall be subject to removal by the City of Albany.
E.
Exception. City-sponsored temporary noncommercial sign displays shall be permitted for up to 90 days on City property with prior notice and authorization by the Community Development Director or their designee. The notice shall include the time duration for installation and locations of City property.
§ 20.32.050 Prohibited Signs.
The following signs are not allowed:
A.
Fully animated signs.
B.
Dilapidated or abandoned signs.
C.
Off-premises signs.
D.
Pennants or streamers.
E.
Billboards.
§ 20.32.055 Signs Exempt from Permit.
The following sign types are allowed in any land use designation without a sign permit. These signs must comply with all applicable rules and structural and locational rules and requirements, and as otherwise provided herein:
Type | Description/Requirements |
|---|---|
Banners | Banners as defined by this section are permitted for up to 30 days |
Commercial or identifying nameplates | Commercial or identifying nameplates not to exceed 1 square foot in area |
Development sign | Development sign as defined by this section. Such signs may be erected and maintained for the duration of construction and shall not exceed a total area of 20 square feet. |
Flags | Flags as defined in this section |
Memorials | Memorial signs or tablets, names of buildings and dates of erection, when cut into masonry surface or constructed of bronze or other combustible materials |
Murals | Murals as defined by this section |
Real estate signs | Real estate signs as defined by this section |
Signs located in parking lots | Directional signs located within parking lots identifying the entrance and exit and other directional information, except in residential districts. Not more than 4 directional signs shall be posted in 1 parking lot. Such signs in total shall not exceed 20 square feet in area. Directional instructions painted on the pavement of the lot shall not be included in the measurement of permitted sign area. |
Street banners | Street banners as defined by this section |
Traffic control | Traffic or other municipal signs, railroad crossing signs, danger, and such temporary emergency signs as may be approved by the City Engineer |
Window sign, temporary | Window sign, temporary, as defined by this section |
Temporary noncommercial sign | Temporary noncommercial sign as defined by this section |
Yard sign | Yard sign as defined by this section |
§ 20.32.060 Changes to Existing Permitted Signs.
Except as provided in Section 20.32.035, a sign initially approved and for which a permit is issued shall not thereafter be modified, altered or replaced, nor shall any design elements of any building or lot upon which such sign is maintained be modified, altered or replaced if the physical design elements constituted a basis for the sign approval, without an amended or new permit first being obtained pursuant to this section. If the original permit did not contain physical design elements, and only the message or graphic design on the display face is changed, a new or amended permit is not required. If the physical structure of a permitted sign is changed, whether by repair, alteration, expansion, change in electrical supply, change in physical method of image presentation, change in dimension or weight, or similar factors, then a new permit or amendment to the existing permit is required.
§ 20.32.065 Authority for Review.
The designated reviewing authority shall evaluate proposed signs for compliance with this section. The Community Development Director has the authority to refer applications to the Planning and Zoning Commission. Administrative sign review does not require notification or a public hearing. Review by the Planning and Zoning Commission requires a public hearing and notification pursuant to California Government Code Section 65090.
§ 20.32.070 Application, Fees, and Accompanying Material.
An application for a sign permit shall be made in writing on a form prescribed by the Community Development Department and shall be accompanied by the required fee as prescribed in the Master Fee Schedule. The applicant shall submit plans, drawings and other supporting data as determined necessary by the Community Development Department. The Community Development Department shall establish and maintain a submittal requirement checklist for sign permit applications.
§ 20.32.075 Allowable Sign Area by Zoning District.
Allowable sign area is determined by the underlying zoning district. Each zoning district has different allowable sign area standards determined by the physical characteristics, including scale and context. The intent is to promote compatibility and cohesive sign appearance in each zoning district. The sign area provisions apply to permanent signage associated with commercial operations. (Exception: See Sections 20.32.40 and 20.32.45 on temporary signs.)
A.
Residential districts: eight square feet total per parcel and applies to "window sign, temporary" only.
B.
Solano Commercial (SC): one square foot per one linear foot of building frontage, maximum of one sign per business. Projecting signs and marquee signs are strongly encouraged.
C.
San Pablo Commercial (SPC): two square feet per one linear foot of building frontage.
D.
Commercial Mixed Use (CMX): reviewed by the Planning and Zoning Commission on a case-by-case basis.
E.
Waterfront (WF): reviewed by the Planning and Zoning Commission on a case-by-case basis.
F.
Public Facilities (PF): reviewed by the Planning and Zoning Commission on a case-by-case basis.
§ 20.32.080 Development Standards by Sign Type.
A.
Freestanding. The maximum allowable height for a freestanding sign shall not exceed the maximum height for the zoning district.
B.
Monument. The maximum allowable height for a monument sign shall not exceed 10 feet.
§ 20.32.085 Allowable Signs by Type and Zoning District.
Key to Table: |
|---|
P = Permitted subject to Community Development Director administrative review. |
PE = Permitted and exempt from review and building permit; see Section 20.32.060 for additional requirements. |
PZ = Permitted subject to Planning and Zoning Commission design review. |
-- = Not permitted. |
Table 1. 20.32.085 | ||||||
|---|---|---|---|---|---|---|
Zoning District | ||||||
Type | R Districts | SC | SPC | CMX | WF | PF |
Awning | -- | P | P | P | -- | P |
Banner | -- | PE | PE | PE | -- | PE |
Freestanding | -- | -- | PZ | PZ1 | PZ1 | PZ1 |
Fully automated sign | -- | -- | -- | -- | -- | -- |
Marquee sign | -- | P | P | P | -- | P |
Master sign program | -- | PZ | PZ | PZ | PZ | PZ |
Monument sign | -- | PZ | PZ | PZ | PZ | PZ |
Projecting sign | -- | P | P | P | -- | P |
Roof sign | -- | -- | -- | PZ | -- | PZ |
Wall sign | -- | P | P | P | -- | P |
Window sign, permanent | -- | P | P | P | -- | P |
Window sign, temporary | P | PE | PE | PE | -- | -- |
Yard sign and temporary noncommercial sign | PE | -- | -- | -- | -- | -- |
Notes Table 1. |
|---|
1 Permitted as part of a master sign program. |
§ 20.32.090 Master Sign Program Requirements.
A.
Master Sign Program. A master sign program shall be required for all multi-tenant projects, shall be reviewed by the Planning and Zoning Commission and shall apply to the entire property. The master sign program shall include the total aggregate square footage of sign area allowed for the project, the location, dimension, and design of the individual signs for each tenant, and the design, size and, if proposed, location of a freestanding identification sign. New tenants shall be required to comply with the requirements of an approved master sign program.
§ 20.32.095 Severability.
If any provision of this section, in whole or in part, is declared by a court of competent jurisdiction to be unconstitutional, invalid, or inoperative for any reason, or is preempted by legislative enactment, such court decision or legislative enactment shall not affect the validity of the remaining provisions of this section. The Albany City Council hereby declares that it would have adopted this section, and every provision herein, regardless of the fact that any provision(s) might subsequently be declared invalid by a court decision or be preempted by a legislative enactment.
