For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Animated sign"means a sign on which the visual image changes more frequently than once every twenty-four hours, regardless of the method by which the visual change is affected. This definition does not include hand-held signs, personally attended signs, personal apparel, commercial mascots, motor fuel price signs, time and temperature devices or scoreboards. Animated signs include electronic message signs, commonly called digital signs.
"Awning"means a roof or cover which projects from a wall of a building over a window or door, which is made of canvas, aluminum or similar material, and may be fixed in place or be retractable.
"Banner sign"means a sign made of a flexible material that projects from or hangs from a building, structure, pole or wire. Banner signs do not include pennants, flags or flex wing signs.
"Billboard"means a permanent sign structure in a fixed location which meets any one or more of the following criteria:
1. It is used for the display of off-site commercial messages.
2. It is used for general advertising.
3. The message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign.
4. The sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.
"City property"means any parcel of land that is owned or controlled by the city of Brentwood, or any of its related entities, or that is within the public right-of-way.
"Commercial mascot"means a person or animal attired or decorated with commercial insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. This definition includes sign twirlers.
"Commercial message"means a message which proposes a commercial transaction or pertains primarily to the economic and commercial interests of the message sponsor and/or the sign audience.
"Construction site sign"means a sign that is displayed on the site of a construction development project during the period of time of actual construction.
"Convenience sign"means a sign whose message provides functional information for the convenience of the public, such as hours of operation, credit cards accepted, entrance and exit locations and restroom directions.
"Directional sign"means a sign whose message provides directional information for drivers and pedestrians.
"Director"means the city's community development director, or designee.
"Electronic message sign"means an animated sign using electronic or digital technology, including, but not limited to, LED (light emitting diodes) or plasma, or their functional equivalent, which is capable of displaying changing or changeable images, whether as a series of still images or a full motion, or any combination thereof.
"Establishment"means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi-unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment, however, once a certificate of occupancy has been issued or once a full-time residency begins.
"Flag"means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol.
"Flex wing sign"means a sign which is typically inserted in the ground and is made of flexible material attached to a flexible pole (typically with a hook shape).
"Freestanding sign"means a sign which is self-supported by mounting on the ground, in contrast to being attached to and/or supported by some other structure, such as a wall, door or window.
"Garage sale sign"means a sign whose message concerns short-term rummage, estate, boutique or garage sales of used or handmade common household items from a residential property.
"General advertising"means the enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising. This is also known as "advertising for hire" or "general advertising for hire."
"Ground sign"means a freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground (also known as a pedestal or monument sign).
"Illegal sign"means a sign that was installed without proper city or other approvals and/or permits at the time it was initially installed, and which has not been legalized by later action. This definition also includes a sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with applicable law, including the terms of permits which authorized construction. All signs described in Business and Professions Code Section
5499.1 and defined therein as an "illegal on-premises advertising display" are also within this definition.
"Illuminated sign"means a sign that uses light sources (other than natural light or ambient light) to decorate, outline, accentuate or brighten the sign display area.
"Inflatable object"means an object that is activated by natural or mechanical wind or air, including holiday decorations, symbols and other similar types of objects.
"Legal nonconforming sign"means a sign which complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to current applicable law and rules.
"Marquee"means a permanent roofed structure attached to and supported by a building and projecting over any public property, street, alley or sidewalk, and used to display a visual message.
"Master sign program"means a program that establishes the sign development regulations and specifies an integrated sign design concept for multiple occupancy commercial sites.
"Mobile billboard"means a sign display area on a wheeled vehicle (whether motorized or not) or water craft, which may be legally operated upon any public road, street or waterway and meets any of the criteria listed under the definition of "billboard."
"Motor fuel price sign"means a sign as specified in Business and Professions Code Section
13530 et seq., with a message limited to that required by state law.
"Multiple occupancy commercial site"means a parcel or contiguous parcels of land, as designated in the current assessor's map book, whereon two or more separate independently owned or operated commercial structures or establishments are located.
"Name plate"means a sign that displays information about the name of the occupants of a residential dwelling unit, and/or the street address.
"Non-commercial message"means a constitutionally protected message that is not commercial in nature. Non-commercial messages on signs typically address topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. The on-site/off-site distinction does not apply to non-commercial messages or signs displaying them.
"Off-site sign"means a sign that advertises commercial products, accommodations, services or activities not provided in or on the property upon which it is located. The on-site/off-site distinction applies only to commercial messages.
"On-site sign"means a sign that advertises the commercial business, accommodation, services or activities provided on the premises on which the sign is located, or expected to be provided in the near future. In the case of redevelopment projects, all establishments within the project are on-site as to any and all signs that are also located within the project. In the case of developments subject to a master sign program, all establishments subject to the program are considered on-site whenever located within any space subject to the program. Similarly, all establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. As to construction signs, "on-site" includes all parties involved in the specific construction project. The on-site/off-site distinction applies only to commercial messages.
"Pennant"means any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, in a series of two or more, designed to move in the wind.
"Permanent sign"means a sign which is constructed of rigid material and is securely attached to a building, wall, fence, sign structure, or into the ground, and is designed for and intended to be on display long term. All signs described in California Business and Professions Code Section
5490(b) as "on-premises advertising displays" are included within this definition.
"Pole sign"means a freestanding sign that is wholly supported by a structure consisting of poles or posts in the ground, such that the bottom edge of the sign face is six feet or more above grade.
"Portable ground sign"means a sign which is self supported by one or more upright poles or faces and is placed upon or into the ground for a short period of time and is easily movable. This definition includes structures which are more commonly referred to as "A-frame" or "sandwich board" signs.
"Portable sign"means a sign that meets one or more of the following criteria:
1. A sign that is not permanently attached or designed to be permanently attached to the ground or other permanent structure, and may be easily moved.
2. A sign that is designed to be transported by means of wheels, skids, runners, or moveable frames.
3. "A-frame" or "T-frame" signs.
4. The functional equivalent of any of these categories, however, "commercial mascots" are not included within this definition.
"Professional name plate"means a sign indicating the name or names and occupations of a professional person or group of associated professional persons occupying the premises.
"Projecting sign"means a sign that is attached to a wall in such a manner that the body of the sign extends perpendicular to the wall to which it is attached, or a ground sign that extends partially over a public right-of-way.
"Protected"means a message that is within the protection of the First Amendment to the United States constitution and/or corollary provisions of the
California constitution, and has not been excluded from such protection by court decisions.
"Real estate sign"means a sign whose message concerns a proposed transaction, such as sale, lease, or exchange, of real property. Signs on establishments offering transient occupancy, such as hotels, motels, inns and bed and breakfast places, concerning vacancies and rates, are not included within this definition. All signs described in Civil Code Section
713 are included within this definition.
"Roof sign"means a sign erected, painted or otherwise attached to the top of a roof of a building or other structure.
"Safety code"means a code that defines and requires safe methods of construction or demolition, including, but not limited to the codes for building, electrical, plumbing, grading, or demolition.
"Sign"means the public display of visual images, which is intended to be communicative in some way, and which advertises, informs, projects, displays or identifies persons, businesses, commodities, services, ideas or information, when such is visible from any portion of the public right-of-way or from any exterior place which is open to the public. This definition includes, but is not limited to, all writing, trademarks, graphic design elements, illustrations and lighting primarily directed at facilitating communication, as well as all supporting structures. Notwithstanding the generality of the foregoing, the following are not within the definition of sign:
1. Aerial banners towed behind aircraft.
2. Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around an office building or retail store).
3. Automated teller machines (ATMs), when not used for general advertising.
4. Cornerstones and foundation stones.
5. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter.
6. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased.
7. Historical monuments, plaques and tablets.
8. Holiday and cultural observance decorations, including inflatable objects, on private residential property which are on display for not more than forty-five calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages.
9. Inflatable gymnasiums associated with legal residential uses. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices (also called "party jumps" or "bounce houses").
10. Interior Graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof.
11. California State Lottery signs, approved by the Lottery Commission for display by Lottery Game Retailers, in accordance with the
California Government Code.
12. Manufacturers' Marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.
13. Mass Transit Graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city.
14. News racks, newspaper vending devices and newsstands.
15. Searchlights used as part of a search and rescue or other emergency service operation (this exclusion does not apply to searchlights used as attention attracting devices for commercial or special events).
16. Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized vehicle which may be legally operated upon a public right-of-way is not within this exclusion).
17. Symbols Embedded in Architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal, by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary.
18. Vehicle and Vessel Insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.
19. Vending machines, automated intake devices and product dispensing devices which do not display off-site commercial messages or general advertising messages.
20. Window Displays. The display of merchandise in a store window, when such merchandise is immediately available for purchase.
"Sign area"means that portion of a sign which consists of visually communicative copy, including the advertising surface and any framing, trim, or molding but not including the supporting structure, measured one side only (provided that the angle between faces for two-sided signs does not exceed thirty degrees).
"Sign copy"means the visually communicative elements, including, but not limited to, words, letters, numbers, designs, figures or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter or message.
"Sign face"means the portion of a sign that is used for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights or base of a sign that do not function as a sign shall not be considered as part of a sign face.
"Sign height"means the vertical distance of a sign from the uppermost point used in measuring the sign area to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.
"Temporary message"means a message that pertains exclusively to a special event which occurs on, or ends on, a particular day.
"Temporary sign"means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the Building Code is not within this definition.
"Visibility triangle"means at the intersection of any two or more streets, that area extending horizontally fifty feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet.
"Wall sign"means a sign that is attached to, erected against or painted on the wall of a building or other vertical structure.
"Warning sign"means a sign that is posted to provide notice of danger, such as "Beware of Dog," "Railroad Crossing," or noting the location of underground utilities.
"Window sign"means a permanent sign that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying any premises from the sidewalk or street, or a temporary sign that advertises special sales, events, or products. This definition includes any interior sign that is located within five feet of the applicable window.
(Ord. 927 § 2, 2014)