The purpose and intent of this section is to provide for regulation of all signs which are publicly displayed in the City of Milpitas. It is recommended that the safety of pedestrians and vehicles, protection against fire, and the enhancement of the outward appearance of the community are important factors in the general welfare of the people, and that accordingly reasonable control of such signs by ordinances is in the public interest.

(Ord. No. 38.788, § 7, 9/7/10)

A.

Relationship to Other Applicable Documents including Local and State Regulations. In addition to the provisions discussed in this Chapter, there are other City and State regulations that may also apply depending on the specific sign and/or its location. These other regulations include, but are not limited to, the State Highway Code, Business and Professions Code, and Civil Code, and any applicable specific plan. The applicable specific plan may include additional sign standards and regulations beyond those of this Chapter. If the specific plan is silent regarding certain sign standards, the regulations of this Chapter shall prevail. Uniform Building and National Electrical Codes may also apply, when Building and Electrical Permits are required.

The provisions of this Chapter are in addition to other requirements of the ordinances of the City of Milpitas and Milpitas Municipal Code imposed upon signs including, but not limited to, the requirements of the following (and amendment thereto):

B.

Sign Violations. Violations of this section shall be subject to the provisions of Section XI-10-63, Enforcement, of this Chapter.

C.

Clarification of Ambiguities/Interpretations. If ambiguity arises within the meaning and intent of this Chapter, or if ambiguity exists with respect to any standards, requirements or enforcement as set forth herein, the ambiguity shall be resolved in accordance with Section 61, Interpretations, of this Chapter.

(Ord. No. 38.788, § 7, 9/7/10)

A.

Purpose and Intent. The purpose of these general regulations is to define the parameters for design, size, height and location of signs. The requirements related to the number, design type and size of signs outlined in this Chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance. Consideration shall be given to the sign's relationship to the overall appearance of the subject property and surrounding area.

B.

Maximum Permissible Sign Area. The following prescribes the maximum permissible sign area for projects located within the city. Please refer to Section XI-10.24.04, Special Regulations, of this Chapter for unique circumstances such as shopping centers, regional shopping centers, town center district, sign programs and off site advertising displays.

1.

Maximum Sign Area in Non-Residential Zones. The maximum permissible total sign area for commercial, industrial, mixed use, institutional and agricultural zoning districts will conform to the following standard:

a.

The total aggregate area of all signs permitted on any building site or property shall not exceed one (1) square foot of sign for each two (2) lineal feet of building perimeter on the subject parcel or not exceed two (2) square feet of sign for each one (1) lineal foot of public street frontage, at the applicant's discretion.

i.

For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be:

(1)

Distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or

(2)

Distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.

2.

Maximum Sign Area in Residential Zones. Sign area in Residential Zones shall comply with the following requirements:

a.

Single Family Residential Zones: Permanent signs erected for the purpose of announcements or nameplates shall not exceed one (1) square foot.

Exception: House numbers, street names, and warning signs pursuant to Section XI-10-24.06, of this Chapter.

b.

Multiple Family Residential Districts: Permanent signs erected for permitted uses shall not exceed ten (10) square feet.

c.

Conditional Uses in any Residential Zone shall be allowed sign area not exceeding one (1) square foot of sign area for each three (3) lineal feet of public street frontage, provided, however, that this sign area shall not, in any case, exceed a maximum of either thirty-two (32) square feet for Valley Floor Residential Zones or twenty-four (24) square feet in the designated Hillside Overlay.

3.

Limitations on Public Street Frontage. Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations. Refer to Section XI-10-24.05(D), Regional Shopping Centers, of this Chapter for additional information relating to regional shopping centers unless permitted pursuant to a sign program.

4.

Sign area deducted from total per sign. Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Chapter.

C.

Design Guidelines. In considering the appropriateness of the design proposed for any sign as provided in this Section, the following criteria shall be utilized by the Planning Commission, Zoning Administrator, and Planning staff:

1.

Appropriateness of sign. The following factors shall be considered in the review of the design of each proposed sign:

a.

The relationship of the sign to the space on the building where the sign is to be located.

b.

Relationship of the location of the sign to all facades of all buildings on the site.

c.

Compatibility of materials, architecture, design, and continuity with other signs on the building.

d.

Illumination of the sign as it relates to other signs on the subject building, other light sources, competition and interference of light sources and intrusion of light into residential areas.

e.

Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location).

f.

Impact on other immediate signs in terms of visibility, legibility, and scale.

g.

Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction.

h.

The proximity of the sign to residential districts.

i.

Relationship of the height of the sign to the height of the building at that location.

j.

Quantity of other signs in the vicinity of the subject sign on or off of the subject parcel.

k.

Impact on visibility of other signs in the vicinity of the subject sign.

l.

Other such factors that the discretionary decision-making body and/or Planning staff shall determine as relating to the impact of the sign to the general environment.

D.

Specific Design Guidelines. Each proposed sign shall be reviewed for conformity to the following criteria:

1.

The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained.

2.

Signs should be an integral part of the design of the storefronts of mixed-use buildings.

3.

To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design.

4.

Signage shall not obstruct pedestrian circulation.

5.

While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

6.

The business name and address shall be displayed on the tenant space if located in a multi-tenant building or on the building or property for a single occupant building.

7.

Lighting

a.

All light sources shall be adequately diffused or shielded.

b.

Bare lighting sources, such as neon, bare fluorescent tubes, incandescent bulbs, light emitting diodes (LED) and similar devises are not permitted except pursuant to Site Development Permit approval, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

8.

Construction

a.

The sign's supporting structure shall be as small in density and as simple as is structurally safe.

b.

Sign letters and materials should be professionally designed and fabricated.

c.

Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically.

d.

Exposed transformers are prohibited.

e.

Exposed conduit and tubing must be mitigated so that they are inconspicuous.

9.

Materials

a.

Sign faces should be constructed of non-brittle, non-yellowing Polycarbonate material or superior.

b.

Signs should be constructed using high-quality materials such as metal, plastic, stone and wood.

c.

Impact Resistive Plastic

i.

Impact Resistive Plastic shall be used on all internally illuminated signs utilizing plastic sign faces.

ii.

Whenever a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced; said sign face shall be replaced with a sign face constructed of impact resistive plastic, as defined herein.

d.

Signs in the Hillside (-H) Overlay District.

i.

Any sign over one (1) square foot in area shall be constructed of either wood or masonry materials. Incised lettering or individual letters, numbers, symbols, etc., of a metallic material mounted on said wood or masonry structure is permitted. Furthermore, all such lettering may only be illuminated by external or indirect means.

E.

Prohibited Signs and Elements of Signs. The following signs, or signs which contain the following elements, are prohibited:

1.

Abandoned Signs. Abandoned Signs shall be removed within 90 days after the business the sign advertised has ceased as follows: Removal shall involve elimination of all sign copy. In addition, if the sign was mounted on a building, the building facade shall be restored to its original state to the best extent possible.

2.

A-Frame Signs. Any A-Frame Sign with the exception of public service signs and open house directional signs.

3.

Blinking, Flashing Lights. Any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color.

a.

Exceptions: The following signs may be allowed with blinking, flashing elements when:

i.

Approved pursuant to Section XI-10-24.05(G), Off Site Advertising Displays Adjacent to Interstate Highways and State Routes, of this Chapter; or

ii.

Approved pursuant to a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

4.

Off-Site Advertising Displays. Any sign as regulated by Section XI-10-24.03(F), Prohibited Off-Site Advertising Signs, of this Chapter.

5.

On Public Property. Any sign located on public property as regulated by Section XI-10-24.03(G), Advertising on Public Property, of this Chapter.

6.

Other Advertising Structure as defined in Section XI-10-2.03, Definitions, of this Chapter.

7.

Portable Signs.

a.

Exceptions: Public service signs and open house directional signs.

8.

Privately-owned signs resembling Traffic Signs. Any privately-owned sign resembling any public directional sign or traffic control device.

9.

Reflective Signs. Any sign using colors that contain reflective properties.

10.

Rotating or Moving Signs. Any sign which revolves, rotates, moves in any manner or creates the illusion of movement or rotation, or has any visible moving, revolving or rotating surfaces or parts, is held and/or moved by a human being or animal.

11.

Roof Sign or Signs Extending Above Roof Ridge. Any Roof Sign or sign, which is placed on, above or attached to any building roof (above the gutter line); above or on top of any marquee; or on, above, made a part of or attached to any parapet.

12.

Signs that are a Traffic Hazard. Any sign, which creates traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist's vision.

13.

Sound or Odor Emitting Signs. Any sign designed for emitting sound, odor or visible matter.

14.

Statuary Signs. Statuary when used for advertising purposes.

15.

Temporary Signs.

a.

Exceptions: Construction signs, Garage Sale signs, Grand-Opening signs, Open House Directional signs, Temporary Promotional and Temporary Tract Advertising Signs.

16.

Vehicle-Mounted Signs. Vehicle-Mounted Signs where the vehicle is:

a.

Not legally registered;

b.

Not operable;

c.

Not parked within the confines of a striped parking space approved by the City of Milpitas, a residential driveway or residential street; or

d

Parked within the confines of a striped parking space approved by the City of Milpitas or a city street for more than 72-hours.

F.

Prohibited Off-site Advertising Displays. All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs. It is the intent of this limitation to prohibit the use of exterior signs for the general advertisement of products, services, or other matters having no relation to the site upon which they are placed. Signs shall not extend over street or other rights-of-way except as provided for elsewhere in this Chapter.

1.

Exceptions: The following types of off site advertising displays are exempted from this section:

a.

Off site advertising displays adjacent to interstate highways and state routes. Refer to Section XI-10-24.05(G), of this Chapter.

b.

Garage Sale Signs. Refer to Section XI-10-24.04(E), of this Chapter.

c.

Joint Use Signs. Refer to Section XI-10-24.04(C), of this Chapter.

d.

Official City or City-sponsored signs. Refer to Section XI-10-24.04(C), of this Chapter.

e.

Off-site directional signs adjacent to roadways other than interstate highways and state routes. Refer to Section XI-10-24.05(I), of this Chapter.

f.

Off-site Directional Signs identifying regional shopping centers. Refer to Section XI-10-24.05(D), of this Chapter.

g.

Off-site Public Information Signs. Refer to Section XI-10-24.04(C), of this Chapter

h.

Open House Directional Signs. Refer to Section XI-10-24.04(E), of this Chapter.

i.

Temporary Tract Advertising Signs, for subdivisions under construction in the City. Refer to Section XI-10-24.04(E), of this Chapter.

G.

Illegal Signs on Public Property or in Public Right of Way

1.

Prohibition. No merchandise shall be displayed and no person shall mark, post, paste, paint, print, nail, tack, or otherwise fasten or leave a card, banner, handbill, sign, sticker, poster, or advertisement or notice of any kind or cause the same to be done, on any real or personal property including, but not limited to any street, curb, sidewalk, alley, billboard, fence post, tree, pole, hydrant, bridge, real property or personal property or other structure within the corporate limits of the City of Milpitas, except as may be required by law.

2.

Violation. Any violation of the above named items erected upon public property in violation of the provisions hereof may be removed and destroyed summarily by any City officer or employee. Signs so confiscated may be redeemed within ten (10) days on payment by the owner of costs of removal. The minimum charge for removal of any sign shall be Ten Dollars ($10.00) per sign. Any sign not claimed within ten (10) days of removal shall become the property of the City.

3.

Exceptions. Provided further, freestanding open house directional signs and garage sale signs may be placed within the public right-of-way pursuant to Section XI-10-24.04(E), Temporary Signs, of this Chapter.

(Ord. No. 38.834, § 7, 8/20/19; Ord. No. 38.788, § 7, 9/7/10)

A.

Purpose and Intent. The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the reviews required for permanent and temporary signs.

B.

Review and Approval

1.

Site Development Permit or Minor Site Development Permit. A proposed sign may require Minor Site Development Permit and/or Site Development Permit in accordance with this Chapter. Review requirements for a Minor Site Development Permit and a Site Development Permit are included in Section XI-10.57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

2.

Permitted signs may be erected or painted upon posts, poles, buildings or structures subject to compliance with the following provisions:

a.

Hillside (-H) Overlay District and designated historical or cultural resource buildings or sites. The City Council, upon recommendation by the Planning Commission, shall be empowered to approve, conditionally approve or deny any Site Development Permit for any sign(s) proposed in the Hillside district, subject to the provisions of Section XI-10-45.09, Site and Architectural Approval, of this Chapter, and for any signs proposed on designated historical or cultural resource buildings or sites, subject to the provisions of Section XI-4-10.00, Permit Procedure, of this Title.

b.

Sign Program. The Planning Commission shall be empowered to approve, conditionally approve or deny a Site Development Permit application for a sign program(s) pursuant to Section XI-10-24.05(F), Sign Programs, of this Chapter.

c.

Freestanding signs exceeding six (6) feet. The Planning Commission shall be empowered to approve, conditionally approve or deny freestanding signs exceeding six (6) feet in height, under the provisions of the Site Development Permit.

d.

Planning Division staff shall be empowered to approve, conditionally approve or deny the following signs, under the provisions of Section XI-10-57.03 with a Minor Site Development Permit, of this Chapter:

i.

Signs which conform to an approved sign program.

ii.

Signs which replace previously approved building signs, provided sign type, size and location are unchanged, on sites which are not in the Hillside (-H) Overlay District or on designated historical or cultural resource buildings or sites.

iii.

New building signs for single-tenant structures.

iv.

Freestanding signs up to six (6) feet in height, as measured from the closest public sidewalk or curb, on sites which are not in the Hillside (-H) Overlay District or on designated historical or cultural resource buildings or sites.

C.

Permanent Signs.

1.

General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

a.

All signs listed, unless exempted will count towards the total allowable sign area for a site.

b.

Table XI-10-24.04-1, Matrix of Permanent Sign Types, includes the maximum number signs permitted, maximum size, maximum height, permits required. Special considerations by sign type are included in Section XI-10-24.04(D), Standards for Specific types of Permanent Signs, of this Chapter.

c.

All signs listed in Table XI-10-24.04-1 shall require a Minor Site Development Permit in addition to any discretionary review required per specific sign type.

d.

Except as expressly permitted or authorized in this section or deemed similar by the Planning Commission to those signs permitted or authorized pursuant to Section 61, Interpretations, of this Chapter, all other signs are prohibited within the City.

Table XI-10-24.04-1
Matrix of Permanent Sign Types

D.

Standards for Specific Types of Permanent Signs.

1.

Ancillary Service Signs

a.

Must be affixed to building, wall, or window.

b.

Shall be smaller in scale to the tenant signs.

c.

Will not count towards sign area allocated to the site.

2.

Architectural Signs

a.

Shall constitute an integral part of a roof or marquee.

b.

Minimum clearance of ten (10) feet from the ground.

3.

Area Identification Signs

a.

The materials utilized for sign construction and sign support shall not require extensive maintenance or upkeep.

4.

Blade Signs.

a.

The sign shall provide a minimum of eight (8) feet of clearance above the walkway surface below.

b.

Shall be pedestrian oriented only.

c.

The blade sign may project a maximum of four (4) feet from the wall of a building.

d.

Signs shall not be internally illuminated.

e.

Will not count towards sign area allocated to the site.

5.

City Identification Signs

a.

Permanent City identification signs erected on private property do not count toward the maximum sign area limits, nor the maximum number of freestanding signs allowed on a site.

6.

Flag Signs

a.

Will not count towards sign area allocated to site.

7.

Freestanding Signs

a.

Height is measured from grade level of the closest public sidewalk, curb or public street, or in the case of the Hillside (-H) overlay district, from a warped plane parallel to the natural grade.

b.

Shopping center: Tenants may advertise on any freestanding sign allocated to the center.

c.

Landscaped planter. Freestanding signs shall be erected in on-site landscaped planter areas and maintained in a neat and healthy manner in perpetuity with vegetation that is appropriate to the site. The planter area shall extend a minimum of three (3) feet from the base of the sign.

d.

Number of sign panels. A freestanding sign may consist of more than one (1) sign panel provided that all such sign panels are consolidated into one common integrated sign structure.

8.

Graphic Panel Signs

a.

Shall be located within five (5) feet of the main building wall.

b.

Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

9.

Joint Use Signs.

a.

Shall be approved pursuant to a Sign Program by the Planning Commission.

b.

Shall only be approved for a commercial district under multiple ownerships, where freestanding signs for each parcel for which signage is desired, is infeasible.

c.

The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are strongly encouraged.

10.

Menu Board Sign for Drive Through.

a.

Menu board and speakers shall be oriented away from residential uses and from public right-of-way.

b.

Will not count towards sign area allotted to the site.

11.

Off-site Public Information Signs.

a.

Citywide program. May be permitted pursuant to a Site Development Permit when said signs are located proximate to a major entry to the City and on privately-owned property.

b.

Quasi-public use.

i.

A quasi-public use may request up to two (2) signs to be located by the City within the public right-of-way.

ii.

These signs shall only include the name of the use in letters not exceeding four (4) inches in height and an arrow specifying the appropriate direction.

iii.

Requests for such signs shall be made in writing by an authorized representative of the use and shall include the general location desired for said signs.

iv.

The City Manager, or his or her designee, shall determine the precise location and sign design based on good traffic engineering practice, and shall provide for erection of the signs.

12.

Projecting Signs.

a.

Clearance. Projecting signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way.

b.

Location. Projecting signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified by means of an approval of a Site Development Permit.

c.

Projection Limit. Projecting signs shall not extend from the front wall to which they are attached more than five (5) feet unless modified by an approval of a Site Development Permit.

d.

No such sign shall project into a public right-of-way.

13.

Public Information Signs.

a.

Public information signs shall be located at a prominent entry to the City of Milpitas or a significant location in the City where it will be visible to large numbers of citizens.

14.

Scoreboard Signs.

a.

Scoreboard signs may be located on scoreboard structures located in an adult or youth outdoor playing field on public property.

b.

Shall be for products or businesses available to persons of all ages.

15.

Shopping Center Identification Signs.

a.

Shopping Center Identification Sign [see Section XI-10-24.05(D), Regional Shopping Centers], of this Chapter.

16.

Wall Signs.

a.

The area of wall signs shall be determined by Section XI-10-24.03(B), Maximum Permissible Sign Area, of this Chapter.

b.

The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall.

17.

Window Signs.

a.

One "open/closed" sign may be placed without counting towards sign area allowed for the business or site.

E.

Temporary Signs

1.

General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

a.

All signs listed, unless noted will not count towards the total allowable sign area for a site.

b.

Table XI-10-24.04-2, Matrix of Temporary Sign Types, includes the maximum number signs permitted, maximum size, maximum height, permits required. Special considerations by sign type are included in Section XI-10-24.04(F), Standards for Specific types of Temporary Signs, of this Chapter.

c.

All signs listed in Table XI-10-24.04-1 shall require a Minor Site Development Permit in addition to any discretionary review required per specific sign type unless specified otherwise.

d.

Except as expressly permitted or authorized in this section or deemed similar by the Planning Commission to those signs permitted or authorized pursuant to Section 61, Interpretations, of this Chapter, all other signs are prohibited within the City.

Table XI-10-24.04-2
Matrix of Temporary Sign Types

F.

Standards for Specific Types of Temporary Signs

1.

Balloon Sign. A balloon sign shall be allowed pursuant to the provisions of a temporary promotional sign for the following:

a.

Community-wide events (an event that either promotes and/or benefits the entire City and has been approved through the Special Events and Activities process in Section 15, of this Chapter (such as Art and Wine Festival, Harvest Festival and the like) or when the City has authorized a public street closure for an event).

b.

Grand openings (when first opened or after significant remodeling) for a business.

c.

Promotional events for individual businesses or group of businesses on a parcel. Balloon signs shall be subject to the following regulations:

i.

For community wide events, the balloon may be installed after five o'clock p.m. the day preceding the event, and must be removed prior to ten o'clock a.m. the day after the event.

ii.

One sign may be attached to the balloon to identify the name of the shopping center, business, activity or event.

iii.

No other smaller balloons shall be attached to the balloon or its supporting or secure lines.

iv.

The balloon shall be securely mounted to the ground or a roof.

v.

The balloon shall not move by any other means than normal wind current.

vi.

These regulations do not apply to balloons used in residential areas for noncommercial purposes.

2.

Banner Sign.

a.

A banner sign shall be securely attached flush to a building and located on the premise of the business or use it advertises.

b.

The banner sign may be wrapped around a permitted permanent freestanding sign or wall sign when used to announce a change of business name. This banner would be allowed in addition to any other banner for the business.

3.

Construction Sign. Construction signs:

a.

May indicate the opening date, architect, engineer, contractor, future business or lending agency.

b.

Shall only be placed on the site of work under construction with a valid building permit.

4.

Garage Sale Sign. Garage sale signs:

a.

Shall not be placed within the vehicular or pedestrian traveled portion of the public right-of-way, except as allowed under (b) below.

b.

May be placed within the public right-of-way in the following manner:

i.

First, in the unpaved, park-strip area between the face of the curb and the public sidewalk, however, only in the intersection area between the end of the curb return and that point along the curb-line that is fifteen (15) feet distant from the end of the curb return.

ii.

If no such park-strip, or other paved or unpaved area in the public right-of-way exists for the alternative placement of the sign so as to minimize intrusion upon the four feet minimum handicap accessible pathway, then said sign may be placed on the sidewalk as above within the public right-of-way, provided that the width of the pedestrian and handicap accessible pathway shall not be reduced by the sign placement to less than four feet.

c.

Shall not be placed:

i.

In any curb return.

ii.

In any bus or light rail stop zone.

iii.

Within two (2) feet of any driveway or curb-cut access ramp.

iv.

Between light rail tracks and curb.

v.

Adjacent to or within four (4) feet of any disabled parking zone.

vi.

On any median strip.

vii.

If over three feet tall within a "Line of Sight Triangle" which shall mean a triangle of land formed by two intersecting streets, where two sides of the triangle consist of the curb-lines of the intersecting streets and the third side of the triangle is a straight line drawn between points on each curb-line located forty-five (45) feet from the intersection where the prolongation of the curb-lines meet.

d.

Shall not be attached in any manner to any other structure, such as trees, lampposts, streetlights, utility poles, utility cabinets, street or traffic signs, benches, hydrants and mailboxes if said sign is placed in the public right-of-way.

e.

Said signs shall only be allowed on Saturdays, Sundays and holidays.

5.

Grand Opening Sign. Grand-opening signs:

a.

Are permitted when used for bona-fide grand-opening functions after a business' initial occupancy, new ownership, name change or the reopening of a business that completely closed for remodeling for at least two weeks.

b.

Shall only be displayed at the business for which the grand opening will occur.

6.

Open House Directional Signs. See "Garage Sale Signs" for standards.

7.

Political Signs.

a.

Intent. Political signs are a necessary part of our political life before an election. After the election is over, political signs become litter, create a health and safety problem and encourage blight. t is the purpose of these regulations to provide for their prompt removal after election.

b.

Regulations. Except as otherwise authorized in this Section, political signs and persons posting political signs shall meet the following requirements:

i.

Scope of Regulations. Nothing contained in this Chapter shall be construed to regulate the content of any political sign.

ii.

Exemption for Political Signs. Political signs shall not be included in the maximum sign area permitted for any site or use.

iii.

Notification Procedures. Any person or group erecting political signs as defined in Section XI-10-2.03 of this Chapter, shall provide the Milpitas City Clerk a notice in writing, either by registered mail or in person, including the name, address and telephone number of the person or group responsible for erecting or removing the political sign. The notice shall be provided prior to erecting any political signs.

iv.

Removal. The responsibility for removal shall be that of the person or group identified in the notice given pursuant to subsection XI-10-24.04(F)(7)(b)(iii) above, of this Chapter. All political signs shall be removed within fifteen (15) days following the election or elections to which the political sign pertains. Any political sign that is not removed within this time period is declared a public nuisance. No notice need be given by the City to that person or group to remove said sign. If the responsible person or group fails to remove any political sign, the owner of the land shall be responsible for its removal provided the owner shall be given fifteen (15) days' prior notice in writing by the City to remove said sign. Notice hereunder shall be given personally or by certified mail addressed to the owner of the land as shown on the last equalized assessment roll of the County of Santa Clara. In the exercise of the remedies provided by law or by this Chapter, City shall not be required to proceed against the property owner before proceeding against the person or group nor shall it be required to proceed against the person or group as a condition to proceeding against the landowner.

v.

Allowable Locations. Political signs shall be permitted in any zoning district on private property without permit provided that they shall conform to all the provisions of this Chapter.

i.

In residential zoning districts, no such sign shall project above the height or from the sides of the dwelling or block access to or from any door or window and every such sign shall be placed in a manner to secure it from being blown or falling down.

ii.

No political sign shall be erected on trees, fence posts, or public utility poles or located within any public right-of-way. No political sign erected on private property shall be placed within the traffic safety visibility area at the intersection of any street.

iii.

No political sign shall be erected in such a manner that will, or reasonably may be expected to, interfere with, obstruct, confuse or mislead traffic. No political sign shall be erected in a manner that will interfere with pedestrians so as to constitute a hazardous condition. No political sign shall be erected which has less horizontal or vertical clearance from any public utility lines than is prescribed by the State of California, or rules and regulations duly promulgated by agencies thereof.

c.

Remedies. Without limitation to the remedies authorized by law or by this Chapter for the enforcement of this Chapter, City may exercise one or more of the following remedies which shall be cumulative to all other remedies:

i.

Enter on vacant property and abate the nuisance.

ii.

Enter on occupied property with the consent of the owner and occupant thereof and abate the nuisance.

iii.

After sending each candidate or landowner a 15-day prior notice, the City may remove any sign in violation of this Section and shall charge a fee of $25.00 per sign for the reasonable cost of abatement. The $25.00 fee shall also be assessed against the candidate for all signs removed by City staff which are installed or posted contrary to the provisions set forth in subsection XI-10-24.04(F)(7)(b)(v) above. The City shall demand payment for the cost of abatement from the candidate or the owner of land or both and institute legal proceedings for the collection thereof.

iv.

Abate the nuisance and impose a charge therefore on the land pursuant to the provisions of Chapter 2, Title II of the Milpitas Municipal Code.

v.

Institute a civil action for abatement of the nuisance.

vi.

Institute a criminal proceeding against candidate or landowner, or both, for violation of the provisions of this Chapter.

vii.

Abated Sign Materials. Materials from signs abated under this Chapter shall be disposed of as rubbish by the official abating said signs.

8.

Temporary Tract Advertising Sign.

a.

Additional Number of Signs Allowed. The Planning Commission in its discretion may grant additional Major and Minor signs with the approval of a Site Development Permit, upon the following condition:

i.

Granting additional signs will not be contrary to or materially detrimental to public interest and welfare.

b.

Restrictions. The "major signs" shall:

i.

Not be closer than one hundred fifty (150) feet from any residential building.

ii.

Not be closer than one hundred (100) feet from any existing and authorized sign or billboard.

c.

Removal of Temporary Tract Signs. No sign permit for a temporary tract sign shall be issued unless and until the applicant therefore has signed an agreement that upon cessation of the use under the permit, the sign involved will promptly be removed within fifteen (15) days after the expiration of the permit. Said agreement shall be accompanied by a refundable cash deposit of fifty ($50) dollars per sign, which deposit may be used to defray the costs of the sign removal in the event the permit holder defaults upon the agreement, as aforesaid. If necessary, the City's agents may, after five (5) days' written notice to the original applicant and to the property owner of record, enter private property to remove such signs which shall then become the property of the City.

G.

Nonconforming Signs and Signs for Nonconforming Uses

1.

Signs for Nonconforming Uses. Signs for nonconforming uses and businesses may be permitted subject to the following:

a.

All signs shall require the review and approval of the Planning Commission under the provisions of a Conditional Use Permit, pursuant to Section XI-10-57.04 and a Site Development Permit, pursuant to Section XI-10-57.03, respectively of this Chapter.

b.

The total sign area allowed for any nonconforming use or parcel of land shall be calculated as specified in subsection XI-10-24.03(B), Maximum Permissible Sign Area, of this Chapter but in no event shall the total sign area exceed sixty (60) square feet.

c.

The maximum height for any freestanding sign shall not exceed ten (10) feet.

d.

Any approved signs shall be removed once the nonconforming use ceases operation in accordance with the Nonconforming regulations, of this Chapter.

2.

Nonconforming Signs

a.

Notwithstanding any other provision of this Chapter:

i.

All signs presently existing and not in conformity with the provisions of this Chapter shall conform to the provisions of this Chapter.

ii.

Any sign which shall become nonconforming because of an amendment to this Chapter shall be made to conform to the provisions of this Chapter as amended or be removed no later than ten (10) years from the date of said amendment.

iii.

Without limitation to any other provision of this Chapter or any other provision of the Milpitas Municipal Code, a nonconforming sign shall not be added to or enlarged unless such sign, including such addition and enlargement, is made to conform to all of the regulations applicable to said sign at the time of said addition or enlargement. Repairs and alterations may be made to a nonconforming sign provided that any structural alteration (other than those required by law) shall not be made unless such sign, including such alteration, is made to conform to all the regulations applicable to said sign at the time of said addition or enlargement. Replacement of the face of a sign shall not be considered to be a structural alteration. No nonconforming sign shall be moved in whole or in part to any other location on the parcel of its location unless said sign is made to conform to all of the regulations applicable to said sign at the time of said moving.

b.

Maintenance of Signs. Nothing herein contained shall be construed to vary the provisions of this Chapter relating to the maintenance of signs in good condition. It is the intent of this Chapter that nonconforming signs shall be maintained in good condition until amortized by the provisions of this section. Signs which are not maintained in good condition (whether conforming or nonconforming) shall be subject to abatement in accordance with the other provisions of this Chapter and this section shall not be construed to be a bar thereto.

(Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.788, § 7, 9/7/10)

A.

Purpose and Intent. The purpose of this section is to establish requirements for unique settings that require special provisions.

B.

Applicability. The following regulations pertain to signage requirements in special districts, and take precedence over other regulations in this Chapter, unless otherwise specified.

C.

Shopping Centers. For shopping centers, the Planning Commission may permit the following, subject to approval of a Sign Program in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter:

1.

One (1) double-faced freestanding shopping center identification sign, which may advertise its principle tenants.

a.

Maximum sign area. Three hundred (300) square feet on any one face.

b.

Maximum height. Forty-five (45) feet.

2.

The shopping center identification sign may be in addition to those signs allowed under the provisions of Table XI-10-24.04-1, Matrix of Permanent Signs, of this Chapter. Furthermore, the sign area on the shopping center identification sign shall be in addition to the total sign area allowed under the provisions of Section XI-10-24.03(B), Maximum Permissible Sign Area, of this Chapter. Refer to Section XI-10-24.05(D), Regional Shopping Centers, of this Chapter for additional information relating to regional shopping centers.

D.

Regional Shopping Centers

1.

Regional Shopping Centers less than one (1) million square feet. For regional shopping centers, the Planning Commission may permit the following, subject to approval of a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

a.

An increase to the maximum site sign area not more than twenty-five percent (25%) greater than that otherwise allowed in this Chapter.

b.

An increase to the maximum shopping center identification sign area allowing up to four hundred fifty (450) square feet of sign area on such sign on any one face.

c.

An increase to the maximum height of shopping center identification sign allowing up to a sixty (60) foot height.

d.

On-site directional sign(s). The request shall indicate the proposed number, locations and design of the proposed on-site directional signs.

e.

One (1) off-site sign, for the purpose of identifying a regional shopping center. The request shall indicate the proposed location and design of the proposed directional sign, along with any agreement with private property owners for erection of such sign.

Prior to the installation of any off-site sign within the public right-of-way, the sign applicant must obtain an encroachment permit from the Public Works Department. As a part of the Site Development Permit, the Public Works Director or his or her designee, shall recommend any necessary modifications of the proposed location and sign design to assure traffic safety is maintained.

2.

Regional Shopping Centers with one (1) million square feet or larger.

a.

For regional shopping centers encompassing at least one (1) million square feet of building area, the following apply: Where private streets delineate separate parcels within the shopping center, a parcel's private street frontage may be used instead of its public street frontage (or applicable building perimeter formula), for purposes of calculating sign area, but not for purposes of determining number of on-site freestanding signs, unless a parcel has no public street frontage.

b.

The Planning Commission may permit the following, subject to the approval of a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

i.

Two (2) off-site signs for the purpose of identifying a regional shopping center. The request shall indicate the proposed location and design of the proposed directional sign, along with any agreement with private property owners for erection of such sign.

ii.

Prior to the installation of any off-site sign within the public right-of-way, the sign applicant must obtain an encroachment permit from the Public Works Department. As a part of the Sign Program, the Public Works Director or his or her designee, shall recommend any necessary modifications of the proposed location and sign design to assure traffic safety is maintained.

iii.

Graphic panel(s) (freestanding).

iv.

For major tenants (those with a minimum 40,000 square feet of leasable floor area), signs that move or have the illusion of movement.

E.

Town Center District. One freestanding sign shall be allowed within each subarea of the "Town Center District," with the exception of the main Town Center shopping area which shall be allowed three (3) freestanding signs. No signs shall exceed a height of forty-five (45) feet. The subareas shall be identified as follows:

1.

Beresford Square.

2.

Shapell Office Building.

3.

Main Town Center shopping area, east of Milpitas Boulevard to Hillview Drive.

4.

Hotel and offices east of Berryessa Creek.

F.

Sign Programs

1.

Purpose and Intent. The purpose of this section is to establish a procedure to ensure coordination of the design of new signs concurrent with the design of the project. The intent is to improve the architecture, streetscape, signs and overall aesthetics of the site. A Sign Program provides a clear understanding of what the standards are for new and existing signs on the site. A Sign Program will also provide for consistent and streamlined review, approval and administration of existing and new signs for the site. A Sign Program requires a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

2.

Applicability. A Sign Program shall be required for the following:

a.

Any new retail, office or industrial complex:

i.

On four (4) or more acres; or

ii.

With a gross floor area of 40,000 square feet or larger; or

iii.

With a multi-tenant building; or

iv.

With a building more than two (2) stories high

b.

A new automobile dealership

c.

At the owner's request, a Sign Program may be reviewed by the Planning Commission for the following:

i.

Any existing retail, office or industrial complex; or

ii.

With a multi-tenant building; or

iii.

With an automobile dealership; or

iv.

With a building more than two (2) stories high.

d.

For any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color, subject to the following:

i.

Video or similar displays shall be internally facing towards the property as not to project images or light towards neighboring properties. The display shall only advertise on-site businesses.

G.

Off-Site Advertising Displays Adjacent to Interstate Highways and State Routes

1.

Purpose and Intent. The purpose of this section is to establish both a procedure for the review and approval of permit applications for off-site advertising displays adjacent to interstate highways and state routes and specific development criteria for such off-site advertising displays to ensure that the erection of such off-site advertising displays in the City does not create visual clutter or create other operational impacts on surrounding uses, and to promote the public health, safety and general welfare. It is the intent of this section to promote the co-existence of off-site advertising displays within the City, to coordinate the locations of such off-site advertising displays, and to regulate the number, type, size, and other physical characteristics of such off-site advertising displays in order to minimize the visual impact of such displays.

2.

Applicability. Notwithstanding any other provision of the Code, off-site advertising displays, including digital billboards, shall be allowed along the Interstates and State Routes rights-of-way, on any size parcel, whether public or private property.

3.

Required Review.

a.

The operator of the off-site advertising display adjacent to an interstate highway or state route shall enter into a development agreement, lease agreement, contract, license or other accord ("City Agreement") with the City, whereby the operator provides performance, one time fee, or ongoing revenue provisions that allow the City to undertake projects, programs, or other activities for the benefit of the City that offset or mitigate the impacts of the proposed advertising displays.

b.

In addition, the approval of off-site advertising displays adjacent to interstate highways and state routes shall be regulated through a Site Development Permit pursuant to Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. The Planning Commission shall make recommendations to the City Council, which shall have final Site Development Permit approval authority, based upon the objective criteria set forth herein for off-site advertising displays. Site Development Permit review shall ensure that the erection of off-site advertising displays does not create visual clutter or other operational impacts on surrounding uses, with the intent of promoting the co-existence of off-site advertising displays and coordinating their locations, while regulating the type, location, size, number of such off-site advertising displays in accordance with the criteria set forth in this Chapter.

4.

Review Process. The Planning Commission shall make recommendations to the City Council, which shall have final Site Development Permit and City Agreement approval authority, subject to the requirements set forth below.

5.

Minimum Standards. All off-site advertising displays permitted under this provision shall be subject to the following minimum standards and regulations:

a.

Consistency with State and Federal Law. In addition to the other requirements set forth herein, the off-site advertising display shall comply with the requirements of the Outdoor Advertising Act and Regulations, California Business and Professions Code Secs. 5200 et seq., and other state and federal statutes. To the extent of any conflict between the provisions of this Section and state and federal law, state and federal law shall prevail.

b.

Maximum height. The overall height of the sign shall not exceed seventy (70) feet.

c.

Reserved.

d.

Distance between other off-site advertising displays. No off-site advertising display shall be placed within one-thousand (1,000) feet from another advertising display on the same side of any portion of the interstate.

e.

Maximum sign area. The maximum sign area shall not exceed one-thousand, two-hundred (1,200) square feet on each side. Ancillary fixed signs or logos may be permitted on the sign's supporting structure, which will not count towards the maximum sign area.

f.

Angle to freeway. To the extent possible, the off-site advertising display shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display to view from adjacent or nearby residential or hotel uses.

g.

Illumination standards.

i.

Light intensity. The intensity of each lighting element or lamp in the message center portion of the off-site advertising structure shall not impair the vision of travelers on any adjacent freeway. Illumination shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466 of the California Vehicle Code, or any successor statue or California Department of Transportation regulations.

ii.

Recessed illumination. With respect to a static display, the actual lamps/light sources shall be recessed back into the cabinet or enclosure so that no part of the lamp/light source protrudes out past the face of the display so that the angle of the light towards the freeway might be altered. Signs may be internally or externally illuminated.

iii.

Automatic dimming device. Dimming circuitry shall be incorporated in the electronic portion of the off-site advertising display automatically dimming the off-site advertising display to reduce halo effects and glare as ambient light conditions change.

iv.

Illumination orientation. The off-site advertising display shall aim, focus and shield any illumination sufficiently to prevent glare or overcast of illumination into adjacent residential or hotel vantage points.

h.

Landscaped Planters. The off-site advertising display shall be located within a landscaped planter to be maintained by the operator of the off-site advertising display.

i.

Noise reduction. The off-site advertising display shall incorporate noise reduction and attenuation remedies sufficient to limit any exterior intermittent noise level effects at the nearest residential and hotel uses (intensity and frequency) in accordance with the standards of the City's General Plan.

j.

Any off-site advertising display shall include the words "City of Milpitas" and/or the City insignia somewhere on the structure.

k.

Digital Billboard (changeable copy signs) Limitations.

i.

Digital billboards shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or flashing or scintillating light.

ii.

Minimum display time. In compliance with State standards, each message on the sign must be displayed for a minimum of four (4) seconds.

iii.

Notwithstanding anything to the contrary in the Code, digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance consistent with acceptable practices.

l.

Permission of Property Owner. No person shall erect, construct or maintain any off-site advertising display upon any property or building without the consent of the property owner, person entitled to possession of the property or building, if any, or their authorized representatives. To the extent the applicant is not the owner of the real property on which the proposed off-site advertising display will be located, the applicant shall, at the time of application, provide documentation of the consent of the real property owner(s) to the application and agree to indemnify the City against any and all claims from the real property owner(s) concerning the processing of the permit application and, should approval occur, the approval of the permit application.

6.

Required Findings. In order to grant a Site Development Permit for the proposed off-site advertising display, the Planning Commission and the City Council must determine that the following objective requirements have been met:

a.

The proposed off-site advertising display will not create a hazard to vehicular or pedestrian traffic, and measures have been taken to reduce potential impacts upon the existing visual character of the site and its surroundings.

b.

All advertising on the off-site advertising display will conform with the Outdoor Advertising Act in the California Business and Professions Code and other applicable state and federal rules and regulations.

c.

The development of the off-site advertising display will result in a public benefit to the City outweighing any adverse impacts that might be caused by the advertising display.

d.

The development of the off-site advertising display will promote economic development within the City.

e.

The design, including lighting, scale, size and materials, of the off-site advertising display is consistent with the intent of the design criteria of the off-site advertising display provisions.

f.

The development and location of the proposed off-site advertising display is consistent with the goals of the Milpitas General Plan.

H.

Advertisements Near Freeways

1.

Outdoor Advertising Structures Prohibited. With the exception of Off-site Advertising Displays, no billboard, advertising sign or display shall be placed, constructed or maintained on property adjacent to any landscaped freeway within the City of Milpitas if the advertising thereon is designed to be viewed primarily by persons traveling along such landscaped freeway or any section thereof, or if such billboard, advertising sign or display is located within 500 feet of the outer limits of such landscaped freeway, or if such billboard, advertising sign or display, because of its location, size, nature or type, constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon the landscaped freeway, or creates a condition which endangers the safety of persons or property thereon.

2.

Removal of Illegal Advertising Structures. Any billboard, advertising sign or display which is now, thereafter shall be, in violation of the provisions of this Ordinance shall be removed within one (1) year from the effective date hereof, or within one (1) year from the date when the project for the landscaping of a freeway or any section thereof shall have been completed or accepted, and the character of said sections shall have been changed from a freeway to a landscaped freeway, whichever is later.

3.

Exceptions. The provisions of this section shall not apply to any advertising structure or sign if the advertising, displayed thereon is used exclusively:

a.

To advertise the sale or lease of the property upon which such advertising display is placed.

b.

To designate the name of the owner or occupant of the premises upon which such advertising display is placed, or to identify such premises.

c.

To advertise goods manufactured or produced, or services rendered on the property upon which such advertising display is placed.

I.

Off-Site Directional Signs adjacent to roadways other than Interstate Highways and State Routes

1.

Purpose and Intent. The purpose of this section is to establish both a procedure for the review and approval of permit applications for off-site directional signs adjacent to roadways other than interstate highways and state routes and specific development criteria for such outdoor signs to ensure that the erection of such signs in the City does not create visual clutter or create other operational impacts on surrounding uses, and to promote the public health, safety and general welfare. It is the intent of this section to promote the co-existence of such signs within the City, to coordinate the locations of such signs, and to regulate the number, type, size, and other physical characteristics of such signs in order to minimize the visual impact of such signs.

2.

Applicability. Notwithstanding any other provision of the Code, off-site directional signs, shall be allowed along certain roadway rights-of-way, on any size parcel, whether public or private property subject to subsection 3 below.

a.

Exceptions. The following signs are exempted from this section:

i.

Garage Sale Signs. Refer to Section 30-3.05(E)(4), of this Chapter.

ii.

Joint Use Signs. Refer to Section 30-3.05(C)(6), of this Chapter.

iii.

Official City or City-sponsored signs. Refer to Section 30-3.05(C)(3), of this Chapter.

iv.

Off-site Directional Signs identifying regional shopping centers. Refer to Section 30-4.04, of this Chapter.

v.

Off-site Public Information Signs. Refer to Section 30-3.05(C)(8), of this Chapter

vi.

Open House Directional Signs. Refer to Section 30-3.05(E)(6), of this Chapter.

vii.

Temporary Tract Advertising Signs, for subdivisions under construction in the City. Refer to Section 30-3.05(E)(8), of this Chapter.

3.

Review Required.

1.

The operator of the off-site directional sign shall enter into a development agreement, lease agreement, contract, license or other accord ("City Agreement") with the City, whereby the operator provides performance, one time fee, or ongoing revenue provisions that allow the City to undertake projects, programs, or other activities for the benefit of the City that offset or mitigate the impacts of proposed directional signs.

2.

The approval of the off-site directional sign shall be regulated through a Site Development Permit pursuant to Section XI-10.57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. The Planning Commission shall make recommendations to the City Council, which shall have the final Site Development Permit approval authority, based upon the objective criteria set forth herein for off-site directional signs. Site Development Permit review shall ensure that the erection of off-site directional signs does not create visual clutter or other operational impacts on surrounding uses, with the intent of promoting co-existence of off-site directional signs and coordinating their locations, while regulating the type, location, size, number of such off-site directional signs in accordance with the criteria set forth in this Chapter.

4.

Review Process. The Planning Commission shall make recommendations to the City Council, which shall have final Site Development Permit and City Agreement approval authority, subject to the requirements set forth below in this subsection.

5.

Minimum Standards. All off-site directional signs permitted under this provision shall be subject to the following minimum standards and regulations:

a.

Maximum height. The height of any sign shall not exceed ten (10) feet.

b.

Location. Signs shall only be located in the City's right-of-way placed in accordance with the approved through the City Agreement.

c.

Maximum sign area. The maximum sign area shall not exceed twenty four (24) square feet.

d.

Design. All signs shall have a consistent design theme.

e.

The sign shall include the words "City of Milpitas" and/or City insignia.

6.

Required Findings. In order to grant a Site Development Permit for the proposed off-site directional signs, the Planning Commission and the City Council must determine that the following objective requirements have been met:

a.

That the proposed off site directional sign will not create a hazard to vehicular or pedestrian traffic, and measures have been taken to reduce potential impacts upon the existing visual character of the site and its surroundings.

b.

That the development of the off-site directional sign will result in a public benefit to the City outweighing any adverse impacts that might be caused by the outdoor advertising display.

c.

That the development of the off site sign will promote economic development within the City.

d.

The design, including lighting, scale, size and materials, of the off site directional sign is consistent with the intent of the design criteria of the off-site outdoor advertising display provisions.

e.

That the development and location of the proposed off site directional sign is consistent with the goals of the Milpitas General Plan.

(Ord. No. 38.788, § 7, 9/7/10)

A.

A Minor Site Development Permit shall not be required for the following types of signs:

1.

Bus shelter/transit signs. Signs installed in Santa Clara Valley Transit Authority or other transit authority bus shelters or facilities.

2.

Civic event signs. Civic and/or City sponsored events signs on City property.

3.

Traffic or other municipal signs, legal notices, railroad crossings signs, danger and emergency signs.

4.

Repainting or cleaning (or changing of the advertising copy thereon) of an advertising structure shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

5.

Memorial sign or tablets erected by recognized historical agencies, or names of buildings and date of erection when cut into masonry surface or when constructed of bronze or other incombustible letters and affixed flat against the wall of such building.

6.

Signs regulating on-premises traffic and parking when less than twelve (12) square feet in area.

7.

Window signs. Unless intended to be permanent.

8.

Signs used by public utilities for the safety, welfare or convenience of the public shall be exempt from the provisions of the Ordinance codified in this Chapter.

9.

Poles, structures or other housings intended for the purpose of flying or otherwise displaying of the United States flag, California State flag, City or County flag or flag of any similar public agency are exempt from the approval provisions of this section, except height of flag pole. The flags specified herein are exempt from all other permit requirements.

10.

House numbers, name plate or identification of house occupants [provided sign does not exceed two (2) square feet maximum area], mail box identification, street names, "no-trespass" signs, and other warning signs.

11.

Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers.

12.

Murals or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting.

13.

On-Site Temporary For Sale or Lease Signs, which shall:

a.

Not exceed a maximum area of thirty-two (32) square feet per sign face;

b.

Be limited to one (1) such sign. However, if the property has over one-hundred (100) feet of street frontage, a maximum of two (2) signs per parcel is allowed;

c.

Be constructed pursuant to an approved building permit if over six (6) feet in height;

d.

A sign over six (6) feet in height shall require approval of a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter;

e.

State that the property is for sale, lease or exchange by the owner or his or her agent and the name, address and phone number of the owner or agent and/or agency and directions;

f.

Be painted a light color;

g.

Be constructed of wood, plywood, metal or other rigid material;

h.

Not be placed on a private or public right-of-way;

i.

If advertising a tenant space, the sign shall be located on the tenant space;

j.

Not be allowed unless the property is on the market or there is a tenant space on the property that is vacant or will be vacated; and

k.

Be professionally constructed and well maintained.

14.

Information Sign. An Information Sign:

a.

Shall provide courtesy information or direction to the public without advertising the business products or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive-up;

b.

Or shall serve to direct motorist and pedestrians on private property;

c.

Shall not be larger than twelve (12) square feet in size; and

d.

Shall not be a traffic hazard.

15.

Signs regulating the use of enumerated public facilities as provided for in Chapter 18 of Title V of the Milpitas Municipal Code.

16.

Other signs similar to the above as deemed by the Planning Commission.

(Ord. No. 38.788, § 7, 9/7/10)