As
used in § 20.32, Signs, this section, the following terms
shall have the meanings indicated:
AWNING
Any structure made of flexible fabric or similar material
covering a frame attached to a building.
AWNING SIGN
A visually communicative element placed upon an awning.
BANNER
Any temporary sign of lightweight fabric or similar material
that is mounted on a building wall (or construction fence if located
at a construction site) at one or more edges for the purpose of attracting
attention and/or displaying a visually communicative image.
BILLBOARD
A permanent structure sign in a fixed location, that meets
one or more of the following criteria:
1.
Is intended to be used for, or is actually used for, the display
of general advertising or general advertising for hire, regardless
of whether the display of the message is in exchange for cash or any
other consideration, and regardless of whether a given message is
categorized as commercial, noncommercial, or otherwise; or
2.
Is intended to be used for, or is actually used for, the display
of commercial advertising messages which pertain to products or services
which are offered at a different location, also known as "off-site
commercial" messages; or
3.
Constitutes a separate principal use of the property, in contrast
to an auxiliary, accessory or appurtenant use to the principal use
of the property.
CITY PROPERTY
Land or other property in which the City of Albany holds
a present right of possession and control.
COMMERCIAL MESSAGE
A visually communicative image on a sign, or a portion of
a sign, which proposes or encourages an economic transaction, or which
concerns the economic interests of the sign sponsor and/or the viewing
audience. Contrast: noncommercial message.
DEVELOPMENT SIGN
A temporary sign listing the architect, landscape architect,
engineer, planner, contractor, or other person or firm participating
in the development or construction or financing of the project.
EXEMPT SIGN
A sign which may be legally displayed, erected or maintained,
but it is not subject to a sign permit. Exemption from the sign permit
requirements does not mean exemption from other applicable planning
and zoning requirements. Exempt signs may still be subject to rules
about size, height, setback, illumination and other applicable requirements
of this chapter or Code.
FLAG
Any fabric, banner, or bunting containing distinctive colors,
patterns, or design that displays the symbol(s) of a nation, state,
local government, company, organization, belief system, idea or other
meaning. The term is not restricted to official or government flags.
FREESTANDING SIGN
A permanent structure sign that is self-supporting in a fixed
location and not attached to a building. Freestanding signs are of
two general types: monument and pole.
FULLY ANIMATED SIGN
An on-premises identification sign with flashing, blinking,
animated, or rotating signs, or signs whose illumination or surface
changes with time; this shall not include barber poles, reader boards
or public service messages such as time and temperature.
HOLD HARMLESS
An agreement between the property owner and the City which
indemnifies and relieves the City of all financial responsibility,
liability and other costs, including attorneys' fees, for any injury
or damages that result by virtue of a claim against the City by a
third party.
ILLEGAL SIGN
Any of the following:
1.
A sign erected without first complying with all ordinances and
regulations in effect at the time of its construction and erection
or use;
2.
A sign that is unlawfully placed and causes a potential traffic
hazard or obstructs site distance or the view of any authorized traffic
sign, signal, or other such device.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign. The term includes
signs made from neon or other gas tubes that are bent to form letters,
symbols, or other shapes.
MARQUEE SIGN
A permanent roof-like structure or canopy made of rigid materials
supported by and extending from the facade of a building.
MASTER SIGN PROGRAM
A comprehensive scheme for a consistent visual theme applicable
to multiple establishments located in a single development project.
Such programs often include standardized fonts, lighting, background,
other elements of graphic design, and placement rules. Also known
as "sign program."
MONUMENT SIGN
A freestanding sign constructed upon a solid-appearing base
or pedestal.
MURAL
A one-of-a-kind, hand-painted or hand-tiled image applied
to and made integral to the exterior wall of a commercial or industrial
building in commercial and industrial zones, in public view, that
contains no commercial message.
NITS
The measurement of a surface brightness or candela per square
meter.
NONCONFORMING SIGN
A sign that was lawfully erected but which does not conform
to current law. The term does not apply to signs that were originally
erected in violation of then-current law.
NONCOMMERCIAL MESSAGE
The message on a sign which concerns noncommercial matters,
typically including commentary or advocacy on topics of public debate
and concern, such as, by way of illustration and not limitation, religion,
politics, art, and social commentary. This definition shall be construed
and interpreted in light of relevant court decisions. Noncommercial
messages do not have a location factor such as on-site or off-site.
Contrast: commercial message.
NONCOMMUNICATIVE ASPECTS
Those aspects of a sign which are not directly communicative,
such as the physical structure when not figurative or symbolic, mounting
device, size and height, setback, illumination, spacing, density,
scale and mass relative to other structures, etc.
OFF-SITE OR OFF-PREMISES SIGN
A sign that identifies, advertises or attracts attention
to a business, product, service, event, or activity sold, existing
or offered at a different location.
ON-SITE OR ON-PREMISES SIGN
Any sign or portion thereof that identifies, advertises or
attracts attention to a business product, service, event or activity
that is sold, existing or offered upon the same property or land use
as the sign.
ON-SITE ADVISORY SIGN
A sign which provides information for the convenience of
the public such as services available, direction or courtesy information.
Typical examples include store entrances, walk-up windows and self-service
operations, hours of operation, handicapped accessibility, restroom,
and directional signs for vehicles, bicycles, and pedestrians.
PARTIALLY ANIMATED SIGNS
Flashing, blinking, animated, or rotating signs or signs
whose illumination or surface changes with time, on a very limited
basis. This shall not include barber poles, reader boards or public
service messages such as time and temperature.
PENNANT or STREAMER
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, attached to a rope, wire,
or string, usually in a series, designed to move in the wind and attract
attention. Flags are not within this definition. Traditional pennants
are triangular to "swallow tail" in form and longer in the fly than
in the hoist or attachment.
PERMANENT SIGN
One for which a sign permit is approved and issued with no
time restriction.
POLE SIGN
A freestanding sign supported by one or more metal or wood
posts, pipes, or other vertical supports. This includes signs whose
supporting poles or pylons are covered by cladding. This definition
applies to pole signs even when the poles have been covered by cladding.
PORTABLE SIGN
A sign not permanently attached to the ground or other permanent
structure but which is instead designed to be transported or easily
moved, including, but not limited to, signs designed to be transported
by means of wheels, A-frames and balloons.
PRIMARY BUILDING FACE
That wall of a building which contains the principal entrance
or entrances to the building. If there are principal entrances in
more than one wall, the longest of the walls in which principal entrances
are located shall be the primary building face. "Primary building
face" shall include not only the wall itself but all doors, windows,
or other openings therein and projections therefrom.
PROJECTING SIGN
A sign affixed to the face of a building and projecting more
than 12 inches either perpendicularly or at an angle from the surface.
PUBLIC RIGHTS-OF-WAY
All public rights-of-way, regardless of ownership. City property
includes any curbstone, lamppost, pole, bench, hydrant, bridge, wall,
tree, sidewalk, parking strip or structure in or upon any public street,
alley, public right-of-way or any other public property.
READER BOARD
A sign or portion of a sign designed for use with interchangeable
letters.
REAL ESTATE SIGN
Any temporary sign displaying a message which concerns a
proposed sale, rent, lease, or exchange of real property. All signs
described within California
Civil Code Section 713 are within this
definition.
ROOFLINE
The top edge of a roof or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
ROOF SIGN
A type of roof sign that is located on a roof of a building
or having its major structural supports attached to a roof.
SIGN
All letters, figures, symbols or objects designed or used
to attract or direct attention for identification, directional or
advertising purposes. "Signs" include all banners, placards, posters,
strings of lights, outdoor displays and similar items used to attract
attention.
SIGN AREA
The display surface area including any background or backing
constructed, painted or installed as an integral part of the sign
as follows:
1.
Where separate backing or individual cutout figures or letters
are used, the area shall be measured as the area of the smallest polygon
and not to exceed six straight sides which will completely enclose
all figures, letters, designs, and tubing which are part of the sign.
2.
Where separate or individual component elements of a sign are
spaces or separated from one another, each component shall be considered
a separate sign.
3.
The total sign area shall be measured to include all sides of
a double-faced or multisided sign.
SIGN PERMIT
A written authorization from the City to erect, maintain
or display a sign. A building permit issued for a sign is also considered
a sign permit for that sign.
STREET BANNER
A sign made of material similar to heavy canvas or reinforced
plastic, attached to light standards, and suspended over a City street
or sidewalk from time to time.
STREET FRONTAGE
The linear distance of the property parallel to the street
right-of-way.
SUSPENDED SIGN
A sign hung from beneath an awning, canopy, covered walkway
or arcade. This category also includes projecting signs.
TRADITIONAL PUBLIC FORUM
The surfaces of City-owned streets, the surfaces of City-owned
public parks (not including cemeteries), public sidewalks which are
connected to the City's main pedestrian circulation system, and the
surface of the pedestrian area immediately surrounding City Hall (not
including the interior thereof). In consultation with the City Attorney,
the Community Development Director shall interpret this term for compliance
with court decisions.
TEMPORARY COMMERCIAL SIGN
A commercial sign intended for display of up to 90 days.
Area of temporary signs shall not be included in computation of allowable
area for permanent signing.
TEMPORARY NONCOMMERCIAL SIGN
A sign which displays noncommercial speech. Temporary noncommercial
signs shall not be inflatable or air-activated, projecting, or roof-mounted.
WALL SIGN
Any sign attached to, erected against or painted upon the
wall of a building or structure, the face of which is in a single
plane parallel to the plane of the wall. Wall signs also includes
signs on a false or mansard roof.
WINDOW SIGN, PERMANENT
A sign displayed within three feet from the inside of the
window face or on the window face, and that is visible from a public
street or walkway, on display without change in image for more than
90 days per calendar year.
WINDOW SIGN, TEMPORARY
A sign displayed within one foot of a window face, and that
is visible from a public street or walkway, on display less than 90
days per calendar year.
YARD SIGN
A freestanding sign displayed on private property displayed
from ground level.