Item 4 - Staff Report with Exhibits 1 through 2. PC Sign Ordinance
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION REPORT
MEETING DATE: 02/28/2024
ITEM NO: 4
4
DATE: February 23, 2024
TO: Planning Commission
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter
29 (Zoning Regulations) of the Town Code Regarding Sign Regulations. The
proposed amendments to the Town Code are not a project subject to CEQA
[CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application
A-24-002. Project Location: Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding sign regulations.
CEQA:
The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section
15061(b)(3), because it can be seen with certainty that they will not significantly affect the
physical environment in that they make minor changes to the regulations applicable to
temporary signs.
FINDINGS:
▪ The proposed amendments are Exempt Pursuant to CEQA, Section 15061(b)(3); and
▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
The Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town
Code and was most recently amended in 1994. Since then, a number of court decisions
affecting sign regulations have been issued. These court decisions discuss the First Amendment
and “freedom of speech.” The most significant of these decisions is Reed v. Gilbert, 576 U.S.
155 (2015). In Reed v. Gilbert, the court overturned a local ordinance that imposed content-
based regulations. Government regulation of speech is considered to be “content -based” if the
law applies to particular speech based on the topic discussed or the idea or message expressed.
PAGE 2 of 4
SUBJECT: Sign Ordinance Amendments/A-24-002
DATE: February 23, 2024
BACKGROUND (continued):
If a regulation affecting signs in the public right of way is “content-based,” a court will only
uphold the regulation if it: 1) serves a compelling government interest; and 2) is narrowly
tailored to serve that interest. This is a very high standard and, aside from decisions upholding
directional signage, content-based regulations are routinely struck down. A regulation affecting
signs on private property will be upheld if it is: 1) reasonable; and 2) content -neutral.
DISCUSSION:
The Town’s Sign Ordinance currently includes content-based regulations for several types of
temporary signs. Examples of this are regulations that are specific to “political signs,” “real
estate open house signs,” “grand opening” banners, and special event signs. The best practice
is to have a category for “temporary signs” and apply the same regulations to all forms of
temporary signs.
Case law does authorize the Town to impose “time, place, and manner” regulations on signage.
Examples of “time, place, and manner” regulations are those related to size, location, and time
limits for display.
The Town Attorney has worked with outside counsel to draft revisions for temporary signs that
remove the “content-based” restrictions. For example, “political signs” have been reclassified
as “temporary signs.” Also, the existing Town Code prohibits open house signs from including
advertising for individuals or companies, which is a content-based regulation. For commercial
speech, the law requires that any content-based regulations be:
1) Related to a substantial government interest; and
2) Narrowly tailored to serve that substantial government interest.
If the Planning Commission recommends retaining this limitation, the Town would need to
identify the substantial government interest and narrowly tailor the regulation to serve that
interest.
In addition, a revision is included to prohibit temporary signs in the following areas of public
right of way: 1) the median; and 2) the area between the paved road and the sidewalk.
A redline of the sign ordinance with the proposed revisions is attached as Exhibit 1. The
proposed changes are:
Sec. 29.10.100. Definitions.
The content-based portions of the definitions of “bulletin board” and “sign” have been
removed.
PAGE 3 of 4
SUBJECT: Sign Ordinance Amendments/A-24-002
DATE: February 23, 2024
DISCUSSION (continued):
The definition for “political sign” has been removed since it is content-based.
Within the definition of “temporary sign,” a display limit of 90 days has been added.
Sec. 29.10.105 Generally.
A subsection (f) has been added to give noncommercial speech the same protections as
commercial speech. This change is required by recent case law. A severability clause has been
added as subsection (g). In the event that any element of the Sign Ordinance is overturned, this
section is intended to insulate the remainder of the Sign Ordinance.
Sec. 29.10.110. Exceptions.
Subsection (5) has been renamed “Temporary Signs,” a definition was added, and content-
based regulations have been replaced with locational regulations.
Subsection (6) formerly contained a prohibition on individual or company advertising on open
house signs. This prohibition has been removed because it is content-based. It has been
revised and moved to be under the newly titled “Temporary Sign” subsection.
In subsection (8), content-based regulations have been removed.
Subsection (15) is content-based and has been deleted.
Sec. 29.10.115. Prohibited Signs.
In subsection (1), a content-based restriction on flags has been removed and replaced with a
prohibition on flags, banners, pennants, balloons, and similar objects designed to move with
the wind. This prohibition exempts flags up to 15 square feet.
A subsection (16) has been added to prohibit temporary signs in the public right of way median
or area between the paved road and the sidewalk.
Sec. 29.10.120. Temporary Signs.
Content-based regulations have been replaced with content -neutral time, place, and manner
regulations.
PAGE 4 of 4
SUBJECT: Sign Ordinance Amendments/A-24-002
DATE: February 23, 2024
PUBLIC COMMENTS:
Staff conducted outreach through the following media and social media resources, as well as
direct communication with stakeholders as summarized below:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account;
• The Town’s NextDoor page;
• Newspaper ad; and
• Telephone call and letter to Silicon Valley Association of Realtors.
CONCLUSION:
A. Recommendation
Staff recommends that the Planning Commission review the information included in the
staff report and forward a recommendation to the Town Council for introduction of the
amendments to the Town’s Sign Ordinance (Exhibit 2).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for no changes to the Town Code; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Redline of Draft Sign Ordinance
2. Draft Sign Ordinance
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 3. SIGNS
Los Gatos, California, Code of Ordinances Created: 2023-08-21 16:16:41 [EST]
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DIVISION 3. SIGNS
Sec. 29.10.100. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a
period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of
or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state
law.
Arcade means a covered passageway with business establishments along at least one (1) side.
Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached
signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from
freestanding and ground signs.
Attraction board is a sign constructed so that letters or other advertising material can be changed, and which
relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by
temporary, independent and frequently changing events or showing, such as those engaged in providing live or
filmed entertainment or sporting events.
Awning is synonymous with marquee.
Billboard means a sign, other than a directional sign, which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are
signs erected upon benches.
Bulletin board is a sign located on the same premises and used solely in connection with activities ofas a
church, school, hospital, or public building, and allowing changeable messages.
Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or
walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-
enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer
entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise
stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary
frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking
lot located on the same zoning plot as the business frontage.
Canopy is synonymous with marquee.
Conformance means the state of being in conformity with the provisions of this division, either because of
reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.
Construction sign is a sign located on a construction site during the course of construction, which identifies
the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the
construction, or announcing the building, enterprise or function for which the construction is intended.
Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency,
such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.
EXHIBIT 1
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Entity means any person and any distinct business enterprise even where adjacent business enterprises are
owned or operated by a single person.
Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.
Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted
either to display an advertising message or to attract attention to the sign. The face of a sign is often the front, but
may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually
all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from
being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2)
faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the
particular aspect in question is readily viewable from public property or any premises other than those where the
sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where
the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are
present. Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are
erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single
perimeter, including the spaces between them.
Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an
integral part of a building.
Ground sign is a freestanding sign less than seven (7) feet high.
Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or
the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground
surface where the sign is erected, not taking into account mounding or other alterations to the surface made in
regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage
where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is
the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the
curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a
line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.
Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In
the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the
lot line in respect to which the business for which the sign is provided has its primary business frontage.
Marquee means a temporary or permanent structure attached to or supported by a building, designed for
shelter over a pedestrian or vehicular way and which may or may not project over public property.
Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood,
which serves only to identify the neighborhood.
Nonconforming sign is one which was lawfully erected but which does not comply with this division because
of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner
of the real property where the sign is located.
However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located;
(2) Alterations to any building on the lot, parcel or zoning plot where the sign is located; or
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(3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real
property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height
or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This
section does not list all classes of signs which are not nonconforming signs.
Off-premises sign is any sign not located on the same zoning plot as the entity it advertises.
Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer
entrance to a business.
Political sign is any sign which is intended to influence the vote for the passage or defeat of a measure, or
nomination, election or defeat of a candidate in any governmental election.
Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure,
or sign. "A"-frame and sandwich signs are portable signs.
Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang,
with display surfaces generally not parallel to the wall.
Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of
a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.
Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors,
created, adapted, or installed, by a person for the primary and apparent purpose of conveying a visible
advertisingcommunicating a message, and may include supports, standards and fixtures. A color scheme or special
lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation
to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the
primary purpose of permitting sales from stock on hand. A merchandise display located at a distance
from the point of sale or displayed in the unusual manner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign
where the element is related to reasonable structural necessity, and the circumstances show that the
element is not intended to be identified by viewers with the sale or promotion of goods or services.
(3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise
is not of itself a sign, where the result is only to make visible without undue emphasis that which can
be seen in the daytime.
Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest
area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing
the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that
one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.
For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the
perimeter composed of not more than eight (8) straight lines.
Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person
authorized by this division to erect a sign.
Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light
materials, intended to be displayed for a short period of time as set forth in section 29.10.120fewer than 90 days.
Time and temperature sign is a sign which shows time and/or temperature and which contains no
advertising.
Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.
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Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.
Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of
whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of
which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event,
below the top of the structure. A sign which meets the definition of this section but is erected between posts,
pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is
erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a
wall sign.
Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside
glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.
(Ord. No. 1316, §§ 3.31.010—3.31.190, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1519, 10-26-81)
Sec. 29.10.105. Generally.
(a)Application. The regulations in this division apply to all signs in all zones. Regulations of the number and area
of signs refer to the signs allowed on a zoning plot, except where the regulations prescribe the number and
area of signs allowed on a business frontage.
(b)Intent. The intent of this division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and
historic character. The economic stability of the Town is dependent upon its high quality and Town-
oriented, commercial and residential environment. Unregulated and uncontrolled erection and
maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in
harmony with the character and environment of the business or residential community.
(2) The purpose of a sign is to inform the general public that a business enterprise and function exists in
the Town.
(3) This chapter recognizes the right of the public to be directed, warned, advised, and informed; and also
recognizes the economic need for a sign to function as a means of identification, expression of business
character, and positive notification of product and service availability for consumption.
(4) This chapter regulates the location, height, width, shape, proportion, design, illumination and
construction (except as provided by building codes) of signs for the purpose of insuring that they are
architecturally compatible with the planned image of the Town.
(5) The purpose of this chapter is to assist in the continuation of existing and introduction of new
commercial activities in architectural harmony with the existing and planned Town, to take advantage
of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real
property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related
to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a
determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting.
d. A sign must be prevented from overpowering its surroundings through hue, saturation, and
brilliance or close combination of incompatible colors.
e. Normal maintenance and speedy repair is required for all signs.
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(c)Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110.
A building permit may be required by another ordinance.
(d)Variances. The provisions of this chapter concerning variances are not available to modify the terms of this
division.
(e)Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a
lessee would be sufficient evidence of the authority to erect a sign.
(f)Noncommercial Signs. Notwithstanding any provision of the section, signs containing noncommercial speech
are permitted anywhere that advertising or business signs are permitted, subject to the same regulations
applicable to such signs.
(g)Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared
invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this
chapter shall remain in full force and effect.
(Ord. No. 1316, §§ 3.30.010—3.30.070, 6-7-76; Ord. No. 1363, 8-1-77)
Sec. 29.10.110. Exceptions.
A sign permit is not required for the signs described in this section. The number and area of these signs are
regulated only by this section and they are allowed in addition to signs of other classes.
(1)House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad
crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2)Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat
against the wall of a building, which only show the name or address of a person or persons or entity
occupying the area, up to a limit of six (6) plates per building.
(3)Building directories. Building directories for buildings with more than six (6) tenants, the sign having an
area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name
or address of the persons or entitles occupying the building.
(4)Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or
which show names of buildings and dates of erection, provided the sign does not exceed four (4)
square feet in area.
(5)Real estateTemporary Signs.
a. Length of display. All persons who erect temporary signs or who own or control the premises
where temporary signs are erected, are jointly and severally separately liable to remove such signs
after ninety (90) days or, if the signage pertains to a specific event, within ten (10) days after the event
to which the sign pertains.
b. a. On Lot or Building. One (1) nonilluminated sign on each street frontage for any lot or building
which serves solely to advertise the sale, lease or rental of or an offer to build to suit on the premises
where the sign is located, provided the sign does not exceed eighteen (18) twelve (12) square feet in
area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the
sign is in a residential zone. This exception is only available when all or part of the premises is actually
available for the sale or leasetransaction advertised.
(6)c. b. At Intersection or Lot on Zoning Plot. Open house. Nonilluminated, off-site, portable signs
directing customers to the location of an open house which is for sale are permitted, unlimited in total
number, but limited to one (1) double-faced sign per corner of an intersection or on a zoning plot. The
signs shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet
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high. Open house signs shall contain no individual, or individual company advertising. Prior permission
shall be obtained from the property owner if the sign is to be placed on a privately owned lot parcel.
The signs shall be removed each day after the closing of the open house. Open houseSuch signs are an
exception to the rule prohibiting off-premises signs and signs on public property.
(6)(7) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside
and signs not visible from off the premises.
(7)(8) Convenience signs. Convenience signs not exceeding two (2) square feet in area and containing no
advertising materialproviding directions only. Exception: Hospital emergency signs may be as large as
four (4) square feet and may be illuminated.
(8)(9) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet
in area.
(9)(10) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10)(11) Parking signs. Not more than one (1) parking control sign for each parking entrance, not
exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the
business(es) controlling the parking lot.
(11)(12) Public notices and warnings. Notices posted by a public officer in the performance of a public
duty, or by any person for the purpose of giving legal notice, and warning or informational signs
required or authorized by governmental regulations.
(12)(13) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2)
square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in
excess of one hundred (100) total square feet of floor area.
(13)(14) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by
a public agency.
(15)Political signs. Any number of nonilluminated political signs, either freestanding or attached, is
permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and not
exceeding eighteen (18) square feet in other zones. There is no area limit for political window signs,
and their area is in addition to that allowed for other political signs. No political sign shall be erected an
unreasonable period of time in advance of the election or convention, and all persons who erect
political signs or who own or control the premises where political signs are erected, are jointly and
severally liable to remove such signs within ten (10) days after the election or convention to which the
sign pertains.
(14)(16) Special event signs. Any sign permitted by a special event permit issued under Article X of
Chapter 14 of this Code.
(17)Temporary signs. Any number of temporary signs, either freestanding or attached, is permitted,
limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18)
square feet in other zones. All persons who erect temporary signs or who own or control the premises
where temporary signs are erected, are jointly and severally liable to remove such signs after ninety
(90) days or, if the signage pertains to a specific event, within ten (10) days after the event to which the
sign pertains.
(Ord. No. 1316, §§ 3.32.010—3.32.070, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1731, 7-6-87; Ord. No. 1737, §
VI, 11-2-87; Ord. No. 1738, 11-2-87; Ord. No. 1908, § III, 7-20-92)
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Sec. 29.10.115. Prohibited signs.
Except as otherwise provided in this chapter, the signs described in this section are prohibited.
(1)Flags, banners, etc. pennants, balloons, and similar objects. Flags, banners, pennants, balloons, and
similar objects designed to move with the wind, with the exception of flags up to 15 square feet in size
which are permitted. except the American flag, the flag of any nation or governmental entity, or house
flags when flown in conjunction with the American flag, either on the same staff or a separate staff,
and when the house flag is smaller than or equal in size to the American flag.
(2)Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move.
(3)Moving signs. Signs that rotate or move in any fashion, except barber poles.
(4)Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of
surrounding property or are a traffic hazard.
(5)Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct
the view from any living area in the building to which the sign is attached.
(6)Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape.
(7)Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or
device.
(8)Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(9)Posters. Placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement,
wall, bus stop, bench, or any other object in a public thoroughfare, except those of an official nature as
provided in section 29.10.110(12).
(10)Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or
trailers are parked in such a location or manner that it is clear the intention is to advertise the services
of a business.
(11)Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(12)Off-premises signs. Off-premises signs, except those authorized by sections 29.10.110(6), (15),
29.10.120(2), (4), and 29.10.130(1).
(13)Indecent signs. Signs containing matter which is obscene under State law.
(14)Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a
projector or other device.
(15)Billboards. Any billboard sign.
(16)Temporary Ssigns in Portions of the Public Right of Way. Temporary signs in the median of the public
right of way or the portion of the right of way between the road and the sidewalk.
(17)(16) Unauthorized signs. Any sign not specifically authorized in sections 29.10.110, 29.10.120 and
29.10.130.
(Ord. No. 1316, §§ 3.33.010—3.33.090, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1446, 11-19-79)
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Sec. 29.10.120. Temporary signs.
Every sign described in this section, regardless of the manner of its construction, is a temporary sign. The
number and area of such signs are regulated only by this section and are in addition to the allowed number and
area for other classes of signs.
(1) Grand opening signOn Premises Sign Erected by Business. Temporary signs used in conjunction with a
grand openingerected on premises ofby a business are permitted as long as the grand opening does
notfor up to exceed forty-five (45) calendar days. The total area of temporary signs may be equal to or
less than the total sign area permitted for the business by section 29.10.135. The permit shall state the
maximum sign area allowed and the date the sign is to be removed as set by the erector of or this
chapter, whichever is more restrictive.
(2) Subdivision signsOn Premises Sign Erected byof Subdivisionder. Nonilluminated, on-site signs
advertising a residential subdivision on property which has received subdivision or development
approval from the Town, from that approval until issuance of a building permit for the last lot to be
sold or completion of the development project,erected by a subdivider are permitted, limited to one
(1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right
angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet
each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be
erected at least fifteen (15) feet from a street right-of-way line. Additional Up to four additional signs
containing information about the model name or number, floor plan, area or price are permitted in
residential subdivisions provided there is not more than one (1) such sign for each model (not one (1)
sign for each example of a model). Additional sSigns concerning models shall have an area not
exceeding three (3) square feet, nor a height of more than four (4) feet, and shall be located in the
immediate vicinity of an example of the model to which they refer. One oOff-premises subdivision
signs advertising subdivisionserected by subdividers which is are not located on a major arterial street
as defined by the Town Ggeneral Pplan isare permitted, limited to one (1) sign per subdivision. The
signs shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high
and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a
commercial or industrial zone. Such signs may be erected for up to 90 days. Signs authorized by this
section shall not be erected until the subdivision map is recorded and building permits are issued for
the construction of the project. Signs authorized under this section shall be removed when occupancy
permits have been granted for ninety (90) percent of the dwelling units in the development. Off-
premises subdivision signs erected by subdividers are an exception to the rules prohibiting billboards
and off-premises signs.
(3) Sign Erected by Lessor of Futureon Commercial, Office, or Industrial Development for Sale or
LeaseLease and rental signs. One (1) single-faced sign, advertising the rental or lease on property
owned by lessorfor sale or lease of a commercial, office, or industrial development to be built in the
future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than
fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street
right-of-way line. The sign shall not be erected until a Development Review Committee approval is
granted for the erection of the building or buildings and the sign shall be removed when seventy (70)
percent of the floor area of the project is occupiedfor over 90 days.
(4) Event signsSign Erected by Special Event Sponsor.
a. Subject to the conditions of this section, a permit may be issued for a temporary sign
promotingto the sponsor of a civic, political, charitable, cultural, recreational, educational or
religious event as follows:
(i) An event in town sponsored by a non-profit organization; or
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(ii) An event sponsored by a non-profit organization with its principal business address in
Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit
organization may submit an application to the Town Planning Director for a temporary sign if the
organization can demonstrate to the satisfaction of the Planning Director that the event will
occur within Santa Clara County and the proceeds from the event will be used to benefit
residents of Los Gatos. The Planning Director shall review the application and determine whether
to grant the application based upon whether the proceeds from the event will benefit residents
of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the
Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning
Director. The application shall specify the proposed location for each sign for which approval is
requested, a calculation of the total sign area proposed and permitted under section 29.10.135,
and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be
removed within twenty-four (24) hours after the event.
(ii) TheAn event sign shall be no larger than permitted under section 29.10.135.
(iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town.
Within this limit of three (3) signs, the following restrictions apply:
A. Except as provided under subsection (B) below, no more than one sign per
event shall be permitted in the Downtown Area.
B. No more than one sign shall be permitted at the event site. Should the event
have a number of locations or not have a fixed location, the event site sign shall
be placed within five hundred (500) feet of the beginning or end of the event.
Should the event site be located within the Downtown Area, the sign at the
event site shall not count against the limitation imposed by subsection (A)
above.
(iv) Event signs shall be secured at all four (4) corners to avoid flapping.
(v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five
hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total sign area
permitted under section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time.
f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
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(ii) A non-profit association as defined in Corporations Code section 21000; or
(iii) A non-profit corporation existing under the laws of another State governing non-profit
corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone.
(5) Construction signs. One (1) construction (nonilluminated) sign on a zoning plot of not more than thirty-
two (32) square feet in total area during the time of construction or remodeling of the property. No
construction sign shall be erected prior to the issuance of a building permit, and each shall be removed
as soon as a certificate of use and occupancy is issued.
(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No.
1980, § II, 5-23-94)
Sec. 29.10.125. Standards.
The following standards prescribed in this section shall apply to all sign approvals.
(1) Copy. Signs are limited to naming the entity and the kind of activity conducted on the premises and
products and services offered there. Signs may refer to matters not on the premises only when
sections 29.10.105 through 29.10.140 expressly provide.
(2) Trade names or logos. Signs may show trade names or logos that are not the name of the entity on the
premises, but only when such trade name or logo is that of a product or service which is a major part of
the sales or services conducted on the premises.
(3) Compatibility with surroundings. The design, color and location of each sign shall be compatible with
the architecture of the buildings on the premises, and in harmony with the structures and other
improvements on the property.
(4) Shopping centers. In a shopping center or multi-tenant building, each sign shall be related to the other
signs in the same center or building by incorporating at least four (4) of the following six (6) identical
elements:
a. Material.
b. Letter style.
c. Color.
d. Illumination.
e. Method used for structural support of attachment.
f. Shape of the entire sign and its components.
(5) Backs and supports. The backs and supports of all signs shall be subdued.
(6) Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp
illuminating a sign shall have a brightness exceeding one hundred fifty foot-lamberts.
(7) Illumination near residential districts. Illuminated signs with a brightness more than thirty foot-
lamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless
the face of the sign is not visible from the residential district.
(8) Roof signs. Roof signs must:
a. Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal.
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b. Have a face no more than two (2) feet measured vertically.
c. Be located so the face is parallel to the eave in front of the sign.
d. Be set no more than eight (8) inches above the roof.
e. Be designed and erected so that no part of its face is higher than either the peak or an elevation
five (5) feet above the eave in front of the sign.
f. Have architecture and site approval.
Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible
because the wall of the building is set back beneath and obscured by the porch or roof overhang which
is an extension of and integral with the sloping roof of the building, and that the sign cannot be
suspended between posts or columns supporting the roof without obstructing safe passage for
pedestrians.
(9) Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a
building nor more than twelve (12) inches into any public right-of-way. The projection is measured on a
line perpendicular to the wall. All projecting signs which project over a walkway or public right-of-way
shall have a clearance of nine (9) feet above grade.
(10) Signs suspended from a marquee. All signs suspended from a single marquee shall be uniform in size,
shape, placement and background color. Such signs shall have a clearance of at least eight (8) feet
above grade.
(11) Signs for theaters. The traditional methods of theater advertising require a unique type of sign program
so the size, location, and number of signs, including attraction boards for a theater, are subject only to
the limitations and provisions in the conditional use permit for the theater. Whenever a theater is
operated lawfully but has no conditional use permit the signs of that theater which have been erected
on or before the effective date of this chapter are nonconforming signs and a conditional use permit
authorizing the signs must be obtained or the signs must be abated in the manner provided in section
29.10.140.
(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3-
80)
Sec. 29.10.130. Signs which may be erected in all zones.
A sign permit is required for the signs described in this section. The number and area of such signs are
regulated only by this section and they are allowed in addition to signs of other classes.
(1) Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or
location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign
showing the direction to a private facility that serves the general public (other than a church) may also
be permitted upon findings by the Planning Director that there is a public interest in making the facility
easy to find; that the public would have great difficulty finding the facility without a sign; and that the
sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be
erected in the public right-of-way by express permission, but shall in all cases meet the following
requirements:
a. The sign must be located on an arterial street.
b. The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet.
c. The sign shall be erected at least one hundred (100) feet from any other directional sign.
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(2) Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian
directional sign which does not exceed one (1) square foot in area.
(3) Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6)
feet, when located on the premises of, and used solely in connection with activities of a church, school
or public building.
(4) Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including
service club directories, may be located on public property after review and approval as provided by
sections 29.20.745 and 29.20.755.
(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10-
26-81)
Sec. 29.10.135. Zone regulations.
(a) Scope. This section specifies the signs which may be erected in each zone, other than signs which by the
express provisions of this chapter may be erected in all zones. Except where this section specifies,
nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be
allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:
Land Use Class of Sign Number
of Signs
Total
Area
1. Multiple Family Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.
2. Authorized Nonresidential Uses
(including recreational activities,
schools, churches, public utilities,
lawful nonconforming uses, etc.)
ground signs one per zoning plot 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.
3. Neighborhood Identification Signs
(only for neighborhoods with an
area of 3 acres or more)
ground signs number and
location subject to
determination by
the deciding body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by section 29.50.010) are specified in this
section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the
area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs
for each zoning plot. The following paragraph applies to all nonresidential zones. The numbered rules apply
only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed
the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the
building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five
(25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be
erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zone and if the wall
faces that zone.
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(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1)
square foot for each lineal foot of secondary business frontage provided that the sign area generated
by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the
primary business frontage.
(2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half
square foot for each lineal foot of secondary business frontage.
(3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on
the zoning plot.
(4) The total area of all signs on a zoning plot shall not exceed one (1) square foot of sign area for each
lineal foot of lot frontage.
(5) The total area of all signs on a zoning plot is limited to the area derived from the business frontage
calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on
the zoning plot.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area
on the zoning plot.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same
class and in the calculation of the total area of signs on a zoning plot.
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(d) Planned development overlay zone. The signs shown on the official development plan referred to in division 2
of article VIII of this chapter may be erected in the PD zone.
(Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1-
77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.
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No modification of a nonconforming sign shall have any effect on the length of the amortization period for the
sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are
nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant
business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each
nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms
reasonably sufficient for the owner to identify the sign.
(2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).
Information concerning more than one (1) sign, and information concerning separate amortization dates for
different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the
Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that
notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and
owner, even if the regular time for notification has expired. Notice mailed after the time required by this
subsection meets the requirements of subsection (e) and is effective to start the time period provided in
subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners
of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is
intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding
to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a
nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two
(2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five
(5) years.
(3) Signs where total area of all signs on a building or zoning plot exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the
date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add
the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and
such notices shall have the same effects as the notices provided for other nonconforming signs.
(h) Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning
signs, it was determined that this chapter should not include provisions for granting extensions of
nonconforming status since the basic periods for nonconforming status were extended by the same number
of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any
other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose
nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of sections 29.20.950
and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.
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(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain
blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of
one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at
reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director,
or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the
owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 3. SIGNS
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DIVISION 3. SIGNS
Sec. 29.10.100. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a
period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of
or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state
law.
Arcade means a covered passageway with business establishments along at least one (1) side.
Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached
signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from
freestanding and ground signs.
Attraction board is a sign constructed so that letters or other advertising material can be changed, and which
relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by
temporary, independent and frequently changing events or showing, such as those engaged in providing live or
filmed entertainment or sporting events.
Awning is synonymous with marquee.
Billboard means a sign, other than a directional sign, which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are
signs erected upon benches.
Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and
allowing changeable messages.
Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or
walkway. The primary business frontage is one which contains a customer entrance or which includes a glass -
enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer
entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise
stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary
frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking
lot located on the same zoning plot as the business frontage.
Canopy is synonymous with marquee.
Conformance means the state of being in conformity with the provisions of this division, either because of
reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.
Construction sign is a sign located on a construction site during the course of construction, which identifies
the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the
construction, or announcing the building, enterprise or function for which the construction is intended.
Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency,
such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.
EXHIBIT 2
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Entity means any person and any distinct business enterprise even where adjacent business enterprises are
owned or operated by a single person.
Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.
Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted
either to display an advertising message or to attract attention to the sign. The face of a sign is often the front, but
may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually
all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from
being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2)
faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the
particular aspect in question is readily viewable from public property or any premises other than those where the
sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where
the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are
present. Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are
erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single
perimeter, including the spaces between them.
Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an
integral part of a building.
Ground sign is a freestanding sign less than seven (7) feet high.
Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or
the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground
surface where the sign is erected, not taking into account mounding or other alterations to the surface made in
regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage
where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is
the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the
curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a
line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.
Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In
the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the
lot line in respect to which the business for which the sign is provided has its primary business frontage.
Marquee means a temporary or permanent structure attached to or supported by a building, designed for
shelter over a pedestrian or vehicular way and which may or may not project over public property.
Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood,
which serves only to identify the neighborhood.
Nonconforming sign is one which was lawfully erected but which does not comply with this division because
of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner
of the real property where the sign is located.
However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located;
(2) Alterations to any building on the lot, parcel or zoning plot where the sign is located; or
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(3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real
property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height
or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This
section does not list all classes of signs which are not nonconforming signs.
Off-premises sign is any sign not located on the same zoning plot as the entity it advertises.
Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer
entrance to a business.
Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure,
or sign. "A"-frame and sandwich signs are portable signs.
Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang,
with display surfaces generally not parallel to the wall.
Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of
a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.
Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors,
created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message,
and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a
building is a sign where the placement of the colors or lighting effect in relation to the building create a primary
effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the
primary purpose of permitting sales from stock on hand. A merchandise display located at a distance
from the point of sale or displayed in the unusual ma nner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign
where the element is related to reasonable structural necessity, and the circumstances show that the
element is not intended to be identified by viewers with the sale or promotion of goods or services.
(3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise
is not of itself a sign, where the result is only to make visible without undue emphasis that which can
be seen in the daytime.
Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest
area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing
the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that
one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.
For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the
perimeter composed of not more than eight (8) straight lines.
Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person
authorized by this division to erect a sign.
Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light
materials, intended to be displayed for fewer than 90 days.
Time and temperature sign is a sign which shows time and/or temperature and which contains no
advertising.
Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.
Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.
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Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of
whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of
which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event,
below the top of the structure. A sign which meets the definition of this section but is erected between posts,
pillars, or columns which support a roof or second story, ra ther than on a wall, is also a wall sign. A sign which is
erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a
wall sign.
Window sign is a sign which is displayed in or through a window, is less than twenty -four (24) inches inside
glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.
(Ord. No. 1316, §§ 3.31.010—3.31.190, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1519, 10-26-81)
Sec. 29.10.105. Generally.
(a) Application. The regulations in this division apply to all signs in all zones. Regulations of the number and area
of signs refer to the signs allowed on a zoning plot, except where the regulations prescribe the number and
area of signs allowed on a business frontage.
(b) Intent. The intent of this division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and
historic character. The economic stability of the Town is dependent upon its high quality and Town -
oriented, commercial and residential environment. Unregulated and uncontrolled erection and
maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in
harmony with the character and environment of the business or residential community.
(2) The purpose of a sign is to inform the general public that a business enterprise and function exists in
the Town.
(3) This chapter recognizes the right of the public to be directed, warned, advised, and informed; and also
recognizes the economic need for a sign to function as a means of identification, expression of business
character, and positive notification of product and service availability for consumption.
(4) This chapter regulates the location, height, width, shape, proportion, design, illumination and
construction (except as provided by building codes) of signs for the purpose of insuring that they are
architecturally compatible with the planned image of the Town.
(5) The purpose of this chapter is to assist in the continuation of existing and introduction of new
commercial activities in architectural harmony with the existing and planned Town, to take advantage
of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real
property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related
to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a
determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting.
d. A sign must be prevented from overpowering its surroundings through hue, saturation, and
brilliance or close combination of incompatible colors.
e. Normal maintenance and speedy repair is required for all signs.
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(c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110.
A building permit may be required by another ordinance.
(d) Variances. The provisions of this chapter concerning variances are not available to modify the terms of this
division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a
lessee would be sufficient evidence of the authority to erect a sign.
(f) Noncommercial Signs. Notwithstanding any provision of the section, signs containing noncommercial speech
are permitted anywhere that advertising or business signs are permitted, subject to the same regulations
applicable to such signs.
(g) Severability. If any section, subsection, paragraph, sentence, clause or phrase of th is ordinance is declared
invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this
chapter shall remain in full force and effect.
(Ord. No. 1316, §§ 3.30.010—3.30.070, 6-7-76; Ord. No. 1363, 8-1-77)
Sec. 29.10.110. Exceptions.
A sign permit is not required for the signs described in this section. The number and area of these signs are
regulated only by this section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad
crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat
against the wall of a building, which only show the name or address of a person or persons or entity
occupying the area, up to a limit of six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an
area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name
or address of the persons or entitles occupying the building.
(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or
which show names of buildings and dates of erection, provided the sign does not exceed four (4)
square feet in area.
(5) Temporary Signs.
a. Length of Display. All persons who erect temporary signs or who own or control the premises
where temporary signs are erected, are jointly and separately liable to remove such signs after ninety
(90) days or, if the signage pertains to a specific event, within ten (10) days after the event to which the
sign pertains.
b. On Lot or Building. One (1) nonilluminated sign on each street frontage for any lot or building
where the sign is located, provided the sign does not exceed eighteen (18) square feet in area if the
sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a
residential zone. This exception is only available when all or part of the premises is actually available
for sale or lease.
c. At Intersection or on Lot. Nonilluminated, off-site, portable signs are permitted, unlimited in
total number, but limited to one (1) double-faced sign per corner of an intersection or on a lot. The
signs shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet
high. Prior permission shall be obtained from the property owner if the sign is to be placed on a
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privately owned lot. The signs shall be removed each day. Such signs are an exception to the rule
prohibiting off-premises signs and signs on public property.
(6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside
and signs not visible from off the premises.
(7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions
only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be
illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in
area.
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an
area of two (2) square feet. Parking control signs may contain the name(s) of the business(es)
controlling the parking lot.
(11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or
by any person for the purpose of giving legal notice, and warning or informational signs required or
authorized by governmental regulations.
(12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square
feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of
one hundred (100) total square feet of floor area.
(13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a
public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of
this Code.
(Ord. No. 1316, §§ 3.32.010—3.32.070, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1731, 7-6-87; Ord. No. 1737, §
VI, 11-2-87; Ord. No. 1738, 11-2-87; Ord. No. 1908, § III, 7-20-92)
Sec. 29.10.115. Prohibited signs.
Except as otherwise provided in this chapter, the signs described in this section are prohibited.
(1) Flags, banners, pennants, balloons, and similar objects. Flags, banners, pennants, balloons, and similar
objects designed to move with the wind, with the exception of flags up to 15 square feet in size, which
are permitted.
(2) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move.
(3) Moving signs. Signs that rotate or move in any fashion, except barber poles.
(4) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of
surrounding property or are a traffic hazard.
(5) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct
the view from any living area in the building to which the sign is attached.
(6) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape.
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(7) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or
device.
(8) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(9) Posters. Placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement,
wall, bus stop, bench, or any other object in a public thoroughfare, except those of an official nature as
provided in section 29.10.110(12).
(10) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or
trailers are parked in such a location or manner that it is clear the intention is to advertise the services
of a business.
(11) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(12) Off-premises signs. Off-premises signs, except those authorized by sections 29.10.110(6), (15),
29.10.120(2), (4), and 29.10.130(1).
(13) Indecent signs. Signs containing matter which is obscene under State law.
(14) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a
projector or other device.
(15) Billboards. Any billboard sign.
(16) Temporary Signs in Portions of the Public Right of Way. Temporary signs in the median of the public
right of way or the portion of the right of way between the road and the sidewalk.
(17) Unauthorized signs. Any sign not specifically authorized in sections 29.10.110, 29.10.120 and
29.10.130.
(Ord. No. 1316, §§ 3.33.010—3.33.090, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.120. Temporary signs.
Every sign described in this section, regardless of the manner of its construction, is a temporary sign. The
number and area of such signs are regulated only by this section and are in addition to the allowed number and
area for other classes of signs.
(1) On Premises Sign Erected by Business. Temporary signs erected on premises of a business are
permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or
less than the total sign area permitted for the business by section 29.10.135. The permit shall state the
maximum sign area allowed and the date the sign is to be removed as set by the erector or this
chapter, whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or
development approval from the Town, from that approval until issuance of a building permit for the
last lot to be sold or completion of the development project, are permitted, limited to one (1) double-
faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the
street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed
parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least
fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential
subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of
more than four (4) feet. One off-premises sign erected by subdividers which is not located on a major
arterial street as defined by the Town General Plan is permitted. The sign shall not exceed eighteen
(18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least
fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such
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signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to
the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced
sign on property for sale or lease of a commercial, office, or industrial development to be built in the
future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than
fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15 ) feet from a street
right-of-way line. The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
a. Subject to the conditions of this section, a permit may be issued to the sponsor of a civic,
political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or
(ii) An event sponsored by a non-profit organization with its principal business address in
Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non -profit
organization may submit an application to the Town Planning Director for a temporary sign if the
organization can demonstrate to the satisfaction of the Planning Director that the event will
occur within Santa Clara County and the proceeds from the event will be used to benefit
residents of Los Gatos. The Planning Director shall review the application and determine whether
to grant the application based upon whether the proceeds from the event will benefit residents
of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the
Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning
Director. The application shall specify the proposed location for each sign for which approval is
requested, a calculation of the total sign area proposed and permitted under section 29.10.135,
and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be
removed within twenty-four (24) hours after the event.
(ii) The sign shall be no larger than permitted under section 29.10.135.
(iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town.
Within this limit of three (3) signs, the following restrictions apply:
A. Except as provided under subsection (B) below, no more than one sign per
event shall be permitted in the Downtown Area.
B. No more than one sign shall be permitted at the event site. Should the event
have a number of locations or not have a fixed location, the event site sign shall
be placed within five hundred (500) feet of the beginning or end of the event.
Should the event site be located within the Downtown Area, the sign at the
event site shall not count against the limitation imposed by subsection (A)
above.
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(iv) Event signs shall be secured at all four (4) corners to avoid flapping.
(v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five
hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total sign area
permitted under section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time.
f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code section 21000; or
(iii) A non-profit corporation existing under the laws of another State governing non-profit
corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C -2 zone.
(5) Construction signs. One (1) (nonilluminated) sign on a zoning plot of not more than thirty -two (32)
square feet in total area during the time of construction or remodeling of the property. No
construction sign shall be erected prior to the issuance of a building permit, and each shall be removed
as soon as a certificate of use and occupancy is issued.
(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No.
1980, § II, 5-23-94)
Sec. 29.10.125. Standards.
The following standards prescribed in this section shall apply to all sign approvals.
(1) Copy. Signs are limited to naming the entity and the kind of activity conducted on the premises and
products and services offered there. Signs may refer to matters not on the premises only when
sections 29.10.105 through 29.10.140 expressly provide.
(2) Trade names or logos. Signs may show trade names or logos that are not the name of the entity on the
premises, but only when such trade name or logo is that of a product or service which is a major part of
the sales or services conducted on the premises.
(3) Compatibility with surroundings. The design, color and location of each sign shall be compatible with
the architecture of the buildings on the premises, and in harmony with the structures and other
improvements on the property.
(4) Shopping centers. In a shopping center or multi-tenant building, each sign shall be related to the other
signs in the same center or building by incorporating at least four (4) of the following six (6) identical
elements:
a. Material.
b. Letter style.
c. Color.
d. Illumination.
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e. Method used for structural support of attachment.
f. Shape of the entire sign and its components.
(5) Backs and supports. The backs and supports of all signs shall be subdued.
(6) Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp
illuminating a sign shall have a brightness exceeding one hundred fifty foot -lamberts.
(7) Illumination near residential districts. Illuminated signs with a brightness more than thirty foot-
lamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless
the face of the sign is not visible from the residential district.
(8) Roof signs. Roof signs must:
a. Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal.
b. Have a face no more than two (2) feet measured vertically.
c. Be located so the face is parallel to the eave in front of the sign.
d. Be set no more than eight (8) inches above the roof.
e. Be designed and erected so that no part of its face is higher than either the peak or an elevation
five (5) feet above the eave in front of the sign.
f. Have architecture and site approval.
Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible
because the wall of the building is set back beneath and obscured by the porch or roof overhang which
is an extension of and integral with the sloping roof of the building, and that the sign cannot be
suspended between posts or columns supporting the roof without obstructing safe passage for
pedestrians.
(9) Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a
building nor more than twelve (12) inches into any public right -of-way. The projection is measured on a
line perpendicular to the wall. All projecting signs which project over a walkway or public right-of-way
shall have a clearance of nine (9) feet above grade.
(10) Signs suspended from a marquee. All signs suspended from a single marquee shall be uniform in size,
shape, placement and background color. Such signs shall have a clearance of at least eight (8) feet
above grade.
(11) Signs for theaters. The traditional methods of theater advertising require a unique type of sign program
so the size, location, and number of signs, including attraction boards for a theater, are subject only to
the limitations and provisions in the conditional use permit fo r the theater. Whenever a theater is
operated lawfully but has no conditional use permit the signs of that theater which have been erected
on or before the effective date of this chapter are nonconforming signs and a conditional use permit
authorizing the signs must be obtained or the signs must be abated in the manner provided in section
29.10.140.
(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3-
80)
Sec. 29.10.130. Signs which may be erected in all zones.
A sign permit is required for the signs described in this section. The number and area of such signs are
regulated only by this section and they are allowed in addition to signs of other classes.
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(1) Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or
location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign
showing the direction to a private facility that serves the general public (other than a church) may also
be permitted upon findings by the Planning Director that there is a public interest in making the facility
easy to find; that the public would have great difficulty finding the facility without a si gn; and that the
sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be
erected in the public right-of-way by express permission, but shall in all cases meet the following
requirements:
a. The sign must be located on an arterial street.
b. The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet.
c. The sign shall be erected at least one hundred (100) feet from any other directional sign.
(2) Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian
directional sign which does not exceed one (1) square foot in area.
(3) Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6)
feet, when located on the premises of, and used solely in connection with activities of a church, school
or public building.
(4) Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including
service club directories, may be located on public property after review and approval as provided by
sections 29.20.745 and 29.20.755.
(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10-
26-81)
Sec. 29.10.135. Zone regulations.
(a) Scope. This section specifies the signs which may be erected in each zone, other than signs which by the
express provisions of this chapter may be erected in all zones. Except where this section specifies,
nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be
allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:
Land Use Class of Sign Number
of Signs
Total
Area
1. Multiple Family Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.
2. Authorized Nonresidential Uses
(including recreational activities,
schools, churches, public utilities,
lawful nonconforming uses, etc.)
ground signs one per zoning plot 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.
3. Neighborhood Identification Signs
(only for neighborhoods with an
area of 3 acres or more)
ground signs number and
location subject to
24 sq. ft.
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determination by
the deciding body
(c) Nonresidential zones. The rules for nonresidential zones (defined by section 29.50.010) are specified in this
section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the
area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs
for each zoning plot. The following paragraph applies to all nonresidential zones. The numbered rules apply
only where the table so indicates. The maximum sign area for attach ed signs on any frontage may not exceed
the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the
building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty -five
(25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be
erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zone and if the wall
faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1)
square foot for each lineal foot of secondary business frontage provided that the sign area generated
by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the
primary business frontage.
(2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one -half
square foot for each lineal foot of secondary business frontage.
(3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on
the zoning plot.
(4) The total area of all signs on a zoning plot shall not exceed one (1) square foot of sign area for each
lineal foot of lot frontage.
(5) The total area of all signs on a zoning plot is limited to the area derived from the business frontage
calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on
the zoning plot.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area
on the zoning plot.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same
class and in the calculation of the total area of signs on a zoning plot.
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(d) Planned development overlay zone. The signs shown on the official development plan referred to in division 2
of article VIII of this chapter may be erected in the PD zone.
(Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1-
77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.
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No modification of a nonconforming sign shall have any effect on the length of the amortization period for the
sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are
nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant
business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each
nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms
reasonably sufficient for the owner to identify the sign.
(2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).
Information concerning more than one (1) sign, and information concerning separate amortization dates for
different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the
Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that
notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and
owner, even if the regular time for notification has expired. Notice mailed after the time required by this
subsection meets the requirements of subsection (e) and is effective to start the time period provided in
subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners
of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is
intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding
to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a
nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two
(2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five
(5) years.
(3) Signs where total area of all signs on a building or zoning plot exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the
date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add
the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and
such notices shall have the same effects as the notices provided for other nonconforming signs.
(h) Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning
signs, it was determined that this chapter should not include provisions for granting extensions of
nonconforming status since the basic periods for nonconforming status were extended b y the same number
of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any
other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose
nonconforming status has terminated, is in its entirety an unlawful si gn. The provisions of sections 29.20.950
and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.
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(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain
blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of
one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at
reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director,
or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the
owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)
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