Chapter 18.80
SIGN REGULATIONS

Sections:

Article I. General

18.80.010    Sign regulations established.

18.80.020    Definitions.

18.80.030    Advertising prohibited on public property generally – Exceptions.

18.80.040    Area of signs.

18.80.050    Height limitation.

18.80.060    Location limitation.

18.80.070    Clearance from utility lines, etc.

18.80.080    Identification and information required to be posted on signs.

18.80.090    Design and location generally.

18.80.100    Traffic hazard – Signs constituting same prohibited, enumerated.

18.80.110    Maintenance required – Generally.

18.80.120    Materials required in construction.

18.80.130    Vehicular signs restricted.

18.80.140    Nonconforming signs.

18.80.150    Reserved.

18.80.160    Subdivision signs.

18.80.170    Prohibition of temporary signs on public property and in the public right-of-way.

18.80.180    Political signs.

18.80.190    Agricultural, commercial, and industrial districts.

18.80.200    Residential, professional, office, and public building zoning districts.

18.80.210    Planned unit district.

18.80.220    Outdoor advertising signs (billboards).

18.80.221    Outdoor advertising display relocation agreements.

Article II. Permits

18.80.230    Sign permits required.

18.80.240    Fees – Generally.

18.80.250    Reserved.

18.80.260    Application required.

18.80.270    Issuance.

18.80.280    Temporary sign permits.

18.80.290    Certain signs exempted.

18.80.300    Repealed.

18.80.310    Inspection of premises and signs prior to and during erection.

18.80.320    Violations – Notice – Compliance.

18.80.330    Violations – Removal of signs for certain violations.

18.80.340    Violations – Power of removal of Building Official.

18.80.350    Violations – Costs of removal, alteration, etc., to be paid by owner – Disposition of signs removed by City.

18.80.360    Violations – Conditions or circumstances under which allowed.

18.80.370    Violations – Revocation.

Article III. Outdoor Advertising Structures

18.80.380    Adjacent to landscaped freeways – Definitions.

18.80.390    Outdoor advertising structures prohibited generally.

18.80.400    Removal of illegal advertising structures.

Article I. General

18.80.010 Sign regulations established.

Regulations are hereby established governing the type and location for signs and other advertising media within the various zoning districts of the City.

The objectives of these sign regulations are:

(a) To encourage excellence of design which will enhance the aesthetics of the community and provide signing compatible with the intended character of the zoning district in which the sign is to be located and also compatible with adjacent zoning districts.

(b) To alleviate or prevent visual blight, sign clutter and congestion on City street frontages.

(c) To promote traffic safety and minimize distractions to motorists.

(d) To provide a reasonable amount of sign identification for each business, commercial or industrial enterprise. (Zoning Ord. § 40-1; Ord. 1886 § 1, 5-10-11).

18.80.020 Definitions.

(a) “Billboard” shall mean a sign which directs attention to a commercial enterprise, including, but not limited to, a business, product, or commodity conducted, sold, or offered elsewhere (off-site) than upon the same premises where such sign is displayed.

(b) “Building Official” shall mean the officer or chief building inspector charged with the administration and enforcement of appropriate provisions of this Code, or his/her regularly authorized deputy.

(c) “Display surface” shall mean the area made available by the sign structure or building surface

for the purpose of displaying the advertising message.

(d) “Electric sign” shall mean any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

(e) “Ground sign” shall mean a sign which is supported by one or more uprights, poles, or braces in or upon the ground or partially supported and attached to any building, other structure or foundation on the ground.

(f) “Incombustible material” shall mean any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature. Tests shall be made as specified in the Uniform Building Code Standards.

(g) “Marquee” shall mean a permanent roofed structure, attached to and supported by the building and projecting over public property.

(h) “Monument sign” means a freestanding sign supported on the ground essentially along its entire base or width of the sign display face(s).

(i) “Nonstructural trim” shall mean the moulding, battens, cappings, nailing strips, latticing, cutouts or letters, and walkways which are attached to the sign structure.

(j) “Plastic materials” shall mean those made wholly or principally from standardized plastics listed and described in the Uniform Building Code Standards.

(k) “Pole sign” shall mean a sign which is supported by one upright or pole in or upon the ground and not supported or attached to any building or structure.

(l) “Projection” shall mean the distance by which a sign extends over public property or beyond the building line.

(m) “Projecting sign” shall mean a sign other than a wall sign which projects from and is supported by a wall of a building or structure.

(n) “Roof sign” shall mean a sign erected upon or above a roof or parapet of a building or structure.

(o) “Sign” shall mean any visual medium (including, when applicable, its structure and component parts) which is used (or intended to be used) (1) to attract attention to a commercial enterprise, activity or product or (2) to announce, declare, demonstrate or attract the attention of the public.

(p) “Sign structure” shall mean the supports, uprights, braces, and framework of the sign.

(q) “Temporary sign” shall mean and include any sign as defined in subsection (o) of this section. Examples of temporary signs include, but are not limited to, any sign, display board, handbill, poster, banner, pennant, streamer, whirligig, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials (with or without structural frame). A temporary sign is intended to be displayed for a limited period of time only.

(r) “Wall sign” shall mean any sign painted on, attached to or erected against the wall of a building or structure, with the exposed face of such sign in a plane parallel to the plane of the wall. (Ord. 1687 §§ 2, 3, 5-7-96; Zoning Ord. § 40-2).

18.80.030 Advertising prohibited on public property generally – Exceptions.

No merchandise shall be displayed and no person shall attach or otherwise affect, 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 street, curb, sidewalk, alley, billboard, fence, post, tree, pole, hydrant, bridge, real property or personal property or other structure within the city except as may be required or permitted by this title or ordinances of the City or laws of the State of California. (Zoning Ord. § 40-3).

18.80.040 Area of signs.

The area of a sign shall be calculated to include all lettering, working, and accompanying designs or symbols, together with any background material, surface or color.

Wall signs painted or attached to the exposed face of the wall shall include all lettering, working and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which it is affixed or upon which it is painted.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square or triangle which can be drawn to encompass all of the letters or symbols.

For the purpose of this chapter, the advertising surface of both sides of double-faced signs shall be used in determining sign area. (Zoning Ord. § 40-4).

18.80.050 Height limitation.

(a) Digital Billboards. No portion of any freestanding digital billboard installed pursuant to SCCC 18.80.220 (“Outdoor advertising signs (billboards)”) and 18.80.221 (“Outdoor advertising display relocation agreements”) shall exceed a height of sixty (60) feet above the perpendicular centerline height of the adjacent primary viewing street, road, or highway.

(b) Building Signs. On buildings that are four stories or greater in height and that are located in other than residential zoning districts, not more than one sign may be placed on each side of the building above the ground floor level, and it shall be designed to not extend beyond the edge or the top of that building wall.

(c) All other signs. Signs not described in subsections (a) and (b) of this section shall not exceed thirty-five (35) feet above the ground level. (Zoning Ord. § 40-5; Ord. 2041 § 1, 3-22-22).

18.80.060 Location limitation.

(a) Signs shall not extend over public rights-of-way except in those zoning districts where the building setback line and the property line are the same.

(b) Sign structures, including signs other than monument signs, are prohibited in those areas located between street right-of-way/plan lines and building setback lines; provided, however, that sign structures may be erected on the building side of a setback line and symmetrically mounted pole signs may project equally on both sides of said building setback line. Any such sign shall not project over any street plan line or property line.

(c) Monument signs not exceeding seven feet in height, six feet in width, and sixty (60) square feet in total sign area are allowed, at a minimum setback of four feet behind property line or plan line, when erected in substantial landscape planter areas. The height of such signs shall be measured from the top of the nearest public street curb. Signs located near street corners and driveways may be referred to the City’s traffic engineer for determinations regarding appropriate vehicle sight clearances.

(d) No projecting sign shall have a clearance of less than eight feet over public sidewalks or less than fourteen (14) feet where it extends over any vehicular driveway or parking area. Any projecting sign attached and supported under marquees shall have a minimum clearance of eight feet.

(e) A projecting sign shall not extend nearer any curb line than two feet.

(f) No roof sign shall be placed on the roof of any building or structure in such a manner as to prevent free passage from one part of such roof to any other part thereof or interfere with openings in such roof.

(g) No wall sign shall project beyond the ends or top of the wall to which it is attached. No wall sign shall extend more than twelve (12) inches from the wall surface.

(h) Any wall sign erected over any public right-of-way shall have a minimum clearance of eight feet, except as follows:

(1) Any wall sign painted on a window may be located less than eight feet over the sidewalk.

(2) Any wall sign which does not project more than three inches may be located less than eight feet over the sidewalk.

(i) The location of any clock sign on a public right-of-way shall be approved by the City Council prior to installation. (Zoning Ord. § 40-6).

18.80.070 Clearance from utility lines, etc.

No permit for any sign shall be issued and no sign shall be erected which has less horizontal or vertical clearance from overhead utility lines maintained under regulation of General Order 95 of the California Public Utilities Commission, the rules prescribed by California Penal Code Section 385, and the orders of the Division of Industrial Safety of the State. (Zoning Ord. § 40-7).

18.80.080 Identification and information required to be posted on signs.

(a) Every sign hereafter erected shall have painted or labeled in a conspicuous place thereon in letters readily visible and readable from the ground line, the date of erection, the permit number, and the voltage of any electrical apparatus used in connection therewith. In addition, any electrical sign or part thereof enclosed with glass, plastic, metal, or similar material shall bear a label of the Underwriters Laboratory or its equivalent.

(b) Sign identification may be placed on the sign structure or supports eight feet to twelve (12) feet above the ground surface, or as otherwise indicated by Building Official in case of impossibility of compliance.

(c) Freestanding signs shall have clearly legible property address numbers, at least six inches in height, permanently affixed and prominently displayed. Any such area used for address numbers shall not be counted within the allowance for sign area. (Zoning Ord. § 40-8).

18.80.090 Design and location generally.

(a) Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in the latest edition of the Uniform Building Code as adopted by the City. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.

(b) A comprehensive sign program designed to equitably proportion sign areas in accordance with SCCC 18.80.190 and 18.80.200 shall be required

for all developments with a group of five or more occupancies located on a single plot of land.

(c) Subject to the limitations on the total sign area permitted under SCCC 18.80.190 and 18.80.200, hereinafter, each property in separate ownership which has the required minimum street frontage shall be permitted one freestanding pole or ground sign. One additional pole or ground sign shall be permitted for each three hundred (300) feet of street frontage in addition to the required minimum street frontage or for each separate leasehold which meets the minimum street frontage requirements.

(d) Rotating signs, moving signs with flashing lights, running lights, or blinking lights are prohibited in all zoning districts.

(e) It shall be unlawful for any person to maintain any sign or lighting which creates a glare nuisance to surrounding or adjacent private and public property.

(f) It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, or immoral matter.

(g) No sign or other advertising structure shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.

(h) No sign of any kind shall be attached to a standpipe or to a fire escape.

(i) No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance of the City. (Zoning Ord. § 40-9).

18.80.100 Traffic hazard – Signs constituting same prohibited, enumerated.

No sign provided for in this chapter shall be erected, maintained, used, displayed, or permitted when any of the following provisions are applicable thereto:

(a) When the location of any sign is such as to unreasonably interfere with traffic sight distances, or such as to interfere with nearby residences, or traffic flow.

(b) When the illumination thereon is brilliant, scintillating, or flashing, and is visible from any highway and so positioned as to blind or dazzle the vision of travelers on such highways.

(c) If visible from any highway and simulating any directional, warning, danger, or information sign otherwise permitted by law, or if likely to be mistaken for any such permitted sign, or if intended or likely to be construed as giving warning to traffic, such as by the use of the words “stop,” “danger,” or “slow down.”

(d) If visible from any highway and displaying any red, blinking, or intermittent light likely to be mistaken for a warning or danger signal.

(e) If within the right-of-way of any street, alley, or highway.

(f) The exterior use of pennants, streamers, whirligigs and all similar displays is prohibited, unless a temporary sign permit is first obtained therefor in accordance with SCCC 18.80.280 and upon payment of the permit fee prescribed in SCCC 18.80.240. The duration of any such permit shall not exceed thirty (30) days.

(1) Additional applications for any such temporary sign permit for the same property and address shall not be applied for, nor permit granted therefor, within six months from and after the date of expiration of the preceding permit.

(2) Exception: The above provision shall not apply if ownership of said property has changed since issuance of the preceding permit. (Zoning Ord. § 40-10).

18.80.110 Maintenance required – Generally.

All signs, together with all of their supports, braces, guys, and anchors, shall be kept in proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times. There shall be no nails, tacks, or wires protruding from the sign or other advertising structure.

The surface of the ground under and about every freestanding sign shall be kept clear of weeds, rubbish and flammable waste material. (Zoning Ord. § 40-11).

18.80.120 Materials required in construction.

All signs and sign structures erected in Fire Zone No. 1 within the city shall have structural members of incombustible materials.

Ground signs may be constructed of any material meeting the requirements of this Code, except as provided in this section.

Roof signs, wall signs, projecting signs and signs on marquees shall be constructed of incombustible material when mounted on roof or wall surfaces required to be of fire resistive materials by the Uniform Building Code as adopted by the City of Santa Clara. Weatherproof materials are required for all other signs except temporary ones.

No combustible materials other than approved plastics shall be used in the construction of electric signs.

Nonstructural trim may be of wood, metal, approved plastics, or any combination thereof. (Zoning Ord. § 40-12).

18.80.130 Vehicular signs restricted.

It shall be unlawful for any person to maintain any vehicle on a street or on private property or public property as a nonmoving sign display, except in conformance with the provisions of this article and only after obtaining a sign permit in accordance with Article II of this chapter.

Commercial vehicles including buses, taxis, trucks, and the like, moving through City streets shall be exempted from this section. (Zoning Ord. § 40-13).

18.80.140 Nonconforming signs.

(a) Any premises, building, or structure with more than one permanent, existing sign such that the combined sign surface area exceeds that specified in SCCC 18.80.170, 18.80.190, 18.80.200 and 18.80.210 shall be deemed to have a nonconforming sign until a portion thereof is removed as designated by the permittees and the remaining sign surface area shall not exceed that specified in SCCC 18.80.170, 18.80.190, 18.80.200 and 18.80.210.

(b) Every sign which is lawfully in existence but which does not meet all the requirements of this chapter shall be considered to be a nonconforming sign. No nonconforming sign may be structurally altered, increased in area, or relocated unless it is made to comply with all the provisions of this chapter. (Zoning Ord. § 40-14).

18.80.150 Reserved.

(Zoning Ord. § 40-15).

18.80.160 Subdivision signs.

On-site signs shall be permitted in subdivisions for the duration of such subdivision development. Such signs shall be removed within thirty (30) days of completion of construction.

Off-site subdivision signs shall be permitted only in agricultural, commercial, or industrial zoning districts after first securing a use permit. (Zoning Ord. § 40-16).

18.80.170 Prohibition of temporary signs on public property and in the public right-of-way.

(a) No person shall paint, mark or write on, post, attach, or otherwise affix, any sign to or upon any public property, including, but not limited to, any public building, sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, pole for electric light or power or telephone or telegraph (or other communication service) or trolley wire (or wire appurtenance thereof) or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, street sign or traffic sign.

Additionally, no temporary sign shall be placed, posted or otherwise affixed in the public right-of-way, except as provided in SCCC 18.80.290 or 18.80.300. The public right-of-way generally extends behind the sidewalk, if one is present.

(b) Nothing in this section shall apply to the installation of terrazzo sidewalks (or sidewalks of similar construction) or sidewalks permanently colored by an admixture in the material of which the same are constructed and for which the City has granted a written permit.

(c) Nothing in this section shall apply to the installation of a metal plaque or plate or placement of individual letters or figures in a sidewalk commemorating an historical, cultural, or artistic event, location or personality for which the City has granted a written permit.

(d) Nothing in this section shall apply to the painting of house numbers upon curbs done under permits issued by the City or painting on curbs by governmental agencies. (Ord. 1687 § 4, 5-7-96; Zoning Ord. § 40-17).

18.80.180 Political signs.

(a) It is the intent of this section to provide minimum regulations regarding the posting, maintenance and removal of political signs. Political signs are typically temporary signs and, subject to the restrictions on their location contained in SCCC 18.80.170 (pertaining to public property and the public right-of-way) and the restrictive provisions of this section, are permitted in all zoning districts. Although political signs are temporary signs, temporary sign permits do not have to be obtained. The provisions of this section do not apply to billboards (which are subject to SCCC 18.80.220) or to political signs inside of a building, even if visible outside the building.

(b) A “political sign” is a sign announcing, supporting or opposing a candidate or issue in connection with any national, State or local election.

(c) Political signs may be placed on private property with the consent of the property owner (or person entitled to possession) or their authorized agent, if any, subject to the following:

(1) They will not be placed in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. They shall not present a physical danger to persons or property.

(2) Except for legal billboards, no political sign shall be larger than sixteen (16) square feet.

(3) Political signs shall not be placed more than ninety (90) days prior to the election to which they pertain. They are to be removed within ten days after the election. In the event that the election is a primary election, or similar preliminary election, the successful candidates for the later election may leave their signs in place to be removed within ten days after the general or run-off election. The City may cause removal of said signs remaining after expiration of the appropriate ten-day period. (Ord. 1687 § 4, 5-7-96; Zoning Ord. § 40-17.1).

18.80.190 Agricultural, commercial, and industrial districts.

Any signs advertising the use of the premises upon which it is located or identifying said premises shall be permitted for each establishment in any agricultural, commercial or industrial zoning district when the same complies with the following conditions:

The total area of all signs permitted on any building site, property, or individual establishment shall not exceed the largest of the formulas listed for the appropriate zoning district.

(a) Commercial Districts (CN, CC, CT, CD, and CP).

(1) Two square feet for each one foot of street frontage devoted to a business use. Total sign area shall not exceed three hundred (300) square feet by this method.

(2) Three square feet of sign area for each one hundred (100) square feet of building ground floor area. Total sign area shall not exceed six hundred (600) square feet by this method.

(3) Six square feet of sign area for each one hundred (100) square feet of building ground floor area if the building or parking contiguous to any of such buildings abuts more than one public street; provided, that no more than three square feet of sign area for each one hundred (100) square feet of building ground floor area shall be erected facing any one of such public streets.Total sign area shall not exceed nine hundred (900) square feet by this method.

(4) Three-quarters of a square foot of sign area for each one hundred (100) square feet of lot area devoted exclusively to such commercial or industrial land use. Total sign area shall not exceed six hundred (600) square feet by this method.

(b) In shopping centers, in addition to the above, one double-faced sign having an area not exceeding two hundred (200) square feet on any one face may be used where such sign is used to identify a group of five or more stores located on a single plot of land containing at least the minimum off-street parking area prescribed by the zoning laws of the City.

(c) Industrial and Agricultural Districts (MP, ML, MH and A). One square foot for each one foot of street frontage devoted to a business use. Total sign area shall not exceed six hundred (600) square feet. No single sign area shall exceed three hundred (300) square feet. (Zoning Ord. § 40-18).

18.80.200 Residential, professional, office, and public building zoning districts.

Except as otherwise provided in this section, the maximum permissible total sign area for signs erected in a residential zoning district shall not exceed four square feet per parcel of real property upon which such is located. In residential zoning districts such signs shall pertain only to the sale, lease or rental of the property upon which the sign is located.

(a) Multiple Residential District. One-quarter square foot for each one foot of street frontage devoted to a residential use. Total maximum sign area shall not exceed fifty (50) square feet. Where property is contiguous to and abuts more than one public street the maximum permitted sign area based on the principal street frontage may be increased fifty percent (50%); provided, that not more than one-half the permitted sign area shall be erected facing any one such public street. Total sign area shall not exceed seventy-five (75) square feet by this method.

(b) Professional Office (OA), Public, Quasi-Public, and Public Park or Recreation (B) Zoning Districts. One-half square foot for each one foot of street frontage devoted to a professional office use. Total maximum sign area shall not exceed one hundred (100) square feet. Where property is contiguous to and abuts more than one public street the maximum permitted sign area based on the principal street frontage may be increased fifty percent (50%); provided, that no more than one-half of the permitted sign area shall be erected facing any one such public street. Total sign area shall not exceed one hundred fifty (150) square feet by this method. Directory panels indicating tenancy are not included in the above totals, provided each name panel does not exceed six inches by thirty-six (36) inches.

(c) General Office District (OG). The total maximum sign area shall not exceed the larger of the formulas listed under subsection (b) of this section. (Zoning Ord. § 40-19).

18.80.210 Planned unit district.

Unless otherwise provided in the resolution approving the particular planned unit development, or a use permit issued in conjunction therewith, signs hereafter erected in planned unit zoning districts shall be governed by the rules applicable to the zoning districts as set forth in SCCC 18.80.200. (Zoning Ord. § 40-20).

18.80.220 Outdoor advertising signs (billboards).

(a) Intent. The City of Santa Clara has had a policy since 1978 (Ordinance No. 1365) to limit the number of outdoor advertising signs (also commonly referred to as “billboards”) to no more than sixty (60) physically in place in order to improve the quality of urban life for its citizens. It had been determined that billboards, by their very nature, wherever located and however constructed, constitute visual clutter and blight to the appearance of the City. It has also been determined that billboards impede traffic safety by unduly distracting motorists and pedestrians, creating traffic hazards, and reducing the effectiveness of signs needed to direct the public.

The City reasserts its policy that the obtrusive nature of billboards makes it imperative that the City control the number, size, and location of billboards. It is the continued position of the City Council that billboards are not permitted within the jurisdictional boundaries of the City unless a particular billboard location has been approved. In the absence of a billboard location receiving affirmative approval from the City Council, the application was denied.

It is the City Council’s intent hereby to permit no more billboards within the city, and to thereby restrict the presence of billboards in the City by limiting the number of billboards to those physically in place or for which approvals have been granted as of the effective date of the ordinance codified in this chapter. Additionally, as billboards are physically removed or destroyed, it is the intent of the City Council that the number of billboards will be permanently reduced by that number. As of March 21, 1989, there are forty-eight (48) billboards physically in place. There are two signs which have been treated historically as directional signs, and there is one approval for a directional sign yet to be constructed. It is the intent of the City Council to encompass all signs which conceivably could be construed as billboards within the definition of billboard. Consequently, the total of fifty-one (51) billboards is the starting point and ceiling for billboards at the effective date of the ordinance codified in this chapter.

It is the express intent of the City Council to permit no further billboards within the city and to reduce their number through attrition rather than pay compensation pursuant to the provisions of Article 7 (commencing with Section 5400) of Chapter 2 of Division III of the California Business and Professions Code, which provisions require compensation for billboards removed at governmental insistence.

(b) General Provisions. Billboards are subject to the following:

(1) Existing billboards shall not be relocated on the property.

(2) There shall be no moving, rotating, or revolving signs or panels.

(3) Signs are to be painted, repaired, backed with lattice when single-faced, and panels aligned as appropriate, and maintained in good condition.

(4) The signs and sites of signs are to be maintained in a clean condition, and landscaping is required where such is practical.

(5) In no event shall the total of billboards in the entire City exceed fifty-one (51).

(6) There are currently fifty-one (51) billboards in place or approved for construction. If and when a billboard, either nonconforming or with a permit, is physically destroyed or in a state of disrepair (fifty percent (50%) or more of its reasonable construction value in either case), dismantled, removed, ceases to be used as a billboard for at least one hundred twenty (120) consecutive calendar days, or is in any way terminated for any reason, the maximum number of billboards permitted to be in the City shall be reduced by that extent. (Zoning Ord. § 40-21).

18.80.221 Outdoor advertising display relocation agreements.

(a) Notwithstanding the provisions in SCCC 18.80.220 and 18.80.390, and pursuant to Section 5412 of the California Business and Professions Code, the City of Santa Clara may enter into agreements with advertising display owners to provide for the relocation of outdoor advertising displays.

(b) The City Council, following the review and recommendation from the Planning Commission, may approve the relocation of advertising displays relocated pursuant to agreements made under this section. (Ord. 1795 § 1, 8-24-04).

Article II. Permits

18.80.230 Sign permits required.

No sign shall be erected, re-erected, constructed, altered or maintained within the city except as provided by this chapter and until a sign permit for the

same has been issued by the Building Official. A separate sign permit shall be required for each sign except temporary political signs do not need a permit. An electrical permit shall be required for any connection to an electrical sign. (Zoning Ord. § 40-22).

18.80.240 Fees – Generally.

With the exception of governmental signs, a fee for each sign permit shall be paid to the Building Official according to the sign permit fees established from time to time by City Council resolution. (Zoning Ord. § 40-23).

18.80.250 Reserved.

(Zoning Ord. § 40-24).

18.80.260 Application required.

Any application for a sign permit shall be made on forms provided by the Building Official. (Zoning Ord. § 40-25).

18.80.270 Issuance.

It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to investigate the same, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and of the Building Code, the Electrical Code, and all other applicable laws and ordinances of the City, he shall then issue the sign permit. If the work authorized has not been started within sixty (60) days after the date of issuance of such permit or a time extension obtained, such permit shall become null and void. (Zoning Ord. § 40-26).

18.80.280 Temporary sign permits.

(a) Subject to all other requirements of this chapter, including, but not limited to, total allowable sign square footage, height limitations, setback or plan line requirements, fees, aesthetics and traffic safety, permits may be issued for temporary signs. Temporary signs shall be limited to one square foot per parcel per linear foot of frontage on a public street, to a maximum total of six hundred (600) square feet with no one sign exceeding two hundred (200) square feet. These restrictions apply to all temporary signs, including interior and exterior window signs.

(b) If satisfied upon investigation as to the safety, compatibility and aesthetics of a proposed temporary sign, the Zoning Administrator is authorized to approve and issue the sign permit. Such permit shall be for a period not to exceed sixty (60) days.

(c) Upon an application demonstrating a need to display the temporary sign for longer than the original permit duration and payment of a fee in the same amount as for the original permit, the Zoning Administrator may extend the period specified in the preceding section for an additional thirty (30) days after an inspection of the safety and condition of repair of such sign.

(d) All other necessary permits, including but not limited to building permits, must be secured by the applicant. (Zoning Ord. § 40-27; Ord. 1886 § 2, 5-10-11).

18.80.290 Certain signs exempted.

The provisions of this chapter shall not apply to any of the following signs:

(a) Traffic or municipal signs, legal notices, railroad crossing signs, danger and emergency signs, and, with prior City approval, metal directional signs to locations of historical, cultural or artistic significance.

(b) Temporary signs used exclusively for advertising the sale or lease of the premises on which said signs are located, provided the signs are not located on public property or in a public right-of-way and the area of such signs on said premises does not exceed thirty-two (32) square feet, where said premises is located in any agricultural, commercial or industrial zoning district or multifamily zoned property with twenty-five (25) or more dwelling units, and four square feet where said premises is located in any other residential, professional or planned unit zoning district.

(c) Maintenance of a legal sign by painting, repainting or cleaning thereof, or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

(d) Signs affixed or painted upon public or private vehicles, except as restricted in SCCC 18.80.130.

(e) Memorial signs or tablets, erected by governmental historical agencies, or names of buildings and dates of erection when cut into a masonry surface or when constructed of bronze or other incombustible letters and affixed flat against the wall of such building.

(f) Signs used exclusively for regulating on-premises traffic and parking when said signs are less than twelve (12) square feet in area.

(g) Political signs which comply with SCCC 18.80.180. (Ord. 1687 § 5, 5-7-96; Zoning Ord. § 40-28; Ord. 1886 § 3, 5-10-11).

18.80.300 Special permits relative to civic, political, charitable, or educational, etc., groups – Conditions of issuance.

Repealed by Ord. 1886. (Zoning Ord. § 40-29).

18.80.310 Inspection of premises and signs prior to and during erection.

All signs for which a permit is required under this chapter shall be subject to inspection by the Building Official. Footing inspections will be required for all ground signs.

Electric signs shall be inspected before or during erection.

All signs may be reinspected at the discretion of the Building Official. (Zoning Ord. § 40-30).

18.80.320 Violations – Notice – Compliance.

Whenever a sign is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the Building Official shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within five days of the date of such order.

Failure, neglect or refusal to comply with such order of the Building Official shall constitute a separate offense. (Zoning Ord. § 40-31).

18.80.330 Violations – Removal of signs for certain violations.

Signs or other advertising structures shall be removed for the following reasons:

(a) Any sign or other advertising structure which no longer advertises the subject matter shall be removed by the owner or person having beneficial use of the property upon which such sign may be found and within ten days after written notification from the City Manager, or designee.

(b) Any sign which is an immediate peril or menace to the public or any person may be removed summarily (without notice) by the City Manager, or designee.

(c) Any sign found posted, or otherwise affixed, upon any public property or in any public right-of-way, or in violation of the provisions of this Chapter 18.80 SCCC may be removed summarily by employees of the City. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager, or designee, is authorized to effect the collection of said cost.

(d) Any sign summarily removed shall be stored for at least ten days at the City’s corporation yard. The City Manager, or designee, will attempt to notify the responsible party of said removal and advise them of the location of the removed sign(s). Said responsible party, or authorized representative, will be responsible for the actual cost(s) of sign removal prior to retrieval of the removed signs.

(e) The cost(s) for removal shall be deemed a civil debt due and owing the City which may be collected by the appropriate legal means, including, but not limited to, the provisions or SCCC 1.05.070. (Ord. 1687 § 6, 5-7-96; Zoning Ord. § 40-32).

18.80.340 Violations – Power of removal of Building Official.

(a) In the event of noncompliance with SCCC 18.80.320 or 18.80.330, the Building Official is hereby empowered to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or maintained in violation of this chapter.

(b) For the purpose of removing or destroying any sign erected or maintained in violation of the provisions of this chapter, the Building Official or

his/her authorized agent may enter upon private property without incurring any liability therefor. (Zoning Ord. § 40-33).

18.80.350 Violations – Costs of removal, alteration, etc., to be paid by owner – Disposition of signs removed by City.

Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this chapter shall be paid by the person owning such sign prior to the issuance or renewal of any permit to such person. Any sign removed by the Building Official shall be stored in the City corporation yard and shall be claimed within ten days after such sign was removed; provided, that any cost of removal has been paid to the City. (Zoning Ord. § 40-34).

18.80.360 Violations – Conditions or circumstances under which allowed.

The Planning Commission may grant a variance from this chapter if the following criteria are found applicable:

(a) Special conditions and extraordinary circumstances applicable to the property involved or its intended uses and which were not created by the owner or his/her tenant and which do not apply generally to other properties with the same land use.

(b) Literal enforcement of the provisions of this chapter would result in unnecessary hardship inconsistent with the spirit and intent of this chapter.

(c) The variance of the sign use corresponds with the land use as set forth in SCCC 18.80.190, 18.80.200, 18.80.210 and 18.80.220 and will not be contrary to or materially detrimental to public interest and welfare or injurious to conforming signs in the City.

(1) The variance to be granted shall be one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish that purpose. (Zoning Ord. § 40-35).

18.80.370 Violations – Revocation.

In any case where the conditions or limitations to the variance granted have not been complied with, the Building Official or the Planning Commission, as the case may be, shall give notice to the permittee that the variance will be revoked.

In any case where a variance has not been used within six months from the date of issuance, such variance shall be null and void. (Zoning Ord. § 40-36).

Article III. Outdoor Advertising Structures

18.80.380 Adjacent to landscaped freeways – Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) “Freeway” shall mean any highway in respect to which the owners of abutting lands have no right to easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right or easement of access and which is declared to be such in compliance with the Streets and Highways Code of the State of California.

(b) “Landscaped freeway” shall mean any freeway or section thereof which is now or hereafter may be improved on at least one side of the freeway right-of-way by the planting of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable and continuing care, upkeep, and maintenance. (Zoning Ord. § 40-37).

18.80.390 Outdoor advertising structures prohibited generally.

No billboard, advertising sign or display shall be placed, constructed or maintained on property adjacent to any landscaped freeway within the city 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, when located within five hundred (500) feet of the outer limits of such landscaped freeway, can be viewed from the main traveled portion 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. (Zoning Ord. § 40-38).

18.80.400 Removal of illegal advertising structures.

Any billboard, advertising sign or display which is now or hereafter shall be erected or maintained in violation of the provisions of this chapter shall be removed within one year from the effective date hereof or within one 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 such section shall have been changed from a freeway to a landscaped freeway, whichever is later. (Zoning Ord. § 40-39).