Chapter 10.10

The city recognizes and strongly subscribes to the right of business people to identify their businesses with commercial signs. The city also recognizes that the location, number, size and design of signs significantly influence public safety, the city’s visual environment and the perception of the city’s economic condition. It is the intent of these regulations to restore, maintain, protect and enhance public safety, the quality of the city’s visual appearance, and the city’s economic condition while continuing to recognize the need of businesses to advertise goods and services. The city intends to regulate the time, place and manner in which signs, both commercial and noncommercial, display their messages. (Ord. 626, § 2; 1976 Code § 10-2.101).

10.10.020 Applicability.

A commercial or noncommercial sign may be erected, displayed, enlarged, modified, relocated, changed or maintained within the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter. No sign shall be permitted within the city except as provided in this chapter. This chapter shall be known and may be cited as the “Millbrae Sign Regulations.” (Ord. 626, § 2; 1976 Code § 10-2.102).

Article II. Definitions

10.10.030 Definitions.

Definitions of certain words and terms used in this chapter are set forth hereinafter:

“Abandoned sign” means any sign, abandoned for ninety days or more, which no longer identifies or advertises a bona fide business, lessee, service, owner or product and temporary signs advertising an activity which ended ten or more days previously.

“Advertising structure” means a structure erected exclusively for advertising purposes upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, posted, painted or fastened.

“Animated sign” means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

“Awning” means any flexible fabric or similar material covering a metal frame attached to a building.

“Awning sign” means any sign that is part of or attached to an awning.

“Banner or pennant sign” means any sign or decoration of lightweight material, such as fabric or plastic, which may or may not contain any copy, that is displayed on an advertising structure, a pole, span of cable, or building. National, state or municipal flags shall not be considered banners.

“Building face,” also referred to as “face of building,” means the exposed side of any exterior wall of a building, including doors and windows but excluding structural projections.

“Canopy” means any structure other than an awning made of flexible fabric or other more permanent materials covering a frame supported by posts to the ground or sidewalk.

“Canopy sign” means any sign that is a part of or attached to a canopy.

“Clearance” means the smallest vertical distance between the lowest point of any sign or structure, including framework and embellishments, and the nearest existing curb grade.

“Copy” means the graphic content of a sign surface in either permanent or removable letters, pictographic, symbolic or alphabetic form.

“Directional sign, off-premises” means any permanent noncommercial sign, other than a highway marker, erected and maintained by public authority, which is designed, erected and maintained for the purpose of directing persons to a place, structure or activity not located on the same premises as the sign.

“Election sign” is a noncommercial sign of a political nature which directly relates to a candidate or to a ballot issue in an election conducted by a governmental entity and which is erected on property within the jurisdictional boundaries of such election.

“Erect” means to affix, apply, attach, build, construct, display, hang, paint, place or suspend.

“Exempt sign” means any sign that meets the criteria of one of the types of exempt signs described in MMC 10.10.350 and otherwise satisfies any applicable requirements and conditions of this chapter.

“Face” means the surface of the sign upon, against, or through which the copy is displayed or illustrated.

“Freestanding sign” means any sign which is self-supporting in a fixed location and not attached to any building.

“Illegal sign” means any sign which does not meet the requirements of this chapter.

“Illuminated sign” means any sign illuminated by electric lights or luminous tubes on, within, or attached to the sign, or by a light source removed therefrom.

“Informational sign, on-premises” means any noncommercial sign giving directions, instructions or facility information for a purpose secondary to the primary use of the property on which it is located, such as “no parking,” “entrance,” “loading” and other similar directives.

“Maintenance” means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic size, copy, color, design or structure of the sign.

“Marquee” means any permanent roof-like structure attached to and supported by the face of a building.

“Marquee sign” means any sign attached to or supported by a marquee.

“Nameplate sign” means any nonilluminated on-premises identification sign giving the name and address of the occupant or group of occupants.

“Noncommercial sign” means any sign which imparts only a political or ideological message or noncommercial information.

“Nonconforming sign” means any sign lawfully constructed which does not conform to the current requirements of this chapter. For legal nonconforming signs see MMC 10.10.370.

“Outdoor advertising sign” means any sign which directs attention to a business, commodity, product, service or activity, sold, offered or made available elsewhere than upon the premises whereon the sign is located. An outdoor advertising sign does not include directional signs or temporary off-premises real estate signs which comply with MMC 10.10.300.

Pennant sign. (See “Banner sign.”)

“Person” means any individual, association, company, corporation, firm, organization or partnership, singular or plural, of any kind.

“Portable sign” means any sign designed to be transported, including, but not limited to, signs on wheels; signs on A- Or T-frames; sandwich board signs; balloons or inflatable objects used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business.

“Principal building” means the building, buildings, or portion of building in which is conducted the principal business. Storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

“Principal building frontage (primary and secondary)” means the linear distance the outside principal building wall(s) abut(s) a dedicated street, a dedicated alley, an on-site parking or vehicular passage area, or an adjacent public parking lot. The primary frontage is the longest linear distance which meets the above criteria. All other frontages which also meet the above requirements are considered secondary frontage(s).

“Projecting sign” means any sign attached to the face of a building or other advertising structure in such a manner that its leading edge extends more than eighteen inches from the face.

“Real estate and/or tract sign” means any sign designed and used specifically and exclusively for advertising a property for sale, lease or rent.

“Roof sign” means any sign located on a roof of a building or having its major structural supports attached to a roof and projecting above the level of that building’s parapet wall or lowest level of the roof adjacent to the sign.

“Sign” means any commercial display used for visual communication or attraction which advertises goods and services by means of announcement, declaration, demonstration, illustration, banner, symbol, device, insignia or mechanism. For the purposes of this chapter, the term “sign” alone excludes all noncommercial signs.

“Sign structure” means the structure supporting a sign, including uprights, braces and framework, but excluding any portion of the structure which meets the definition of a “sign.”

“Snipe sign” means any sign erected on a building, structure or other surface without the consent of the owner or other person exercising control of the premises, excluding any posting by an authorized public officer or employee, or the giving of a notice required or authorized by law.

“Suspended sign” means any sign that is suspended from the underside of a surface, such as an awning, canopy or marquee, and is supported by such surface.

“Temporary sign” means any sign that is not permanently displayed and is permitted for a limited period of time.

“Wall sign” means any sign on a wall or building located approximately parallel with the wall or building face, including a V-type sign which does not extend more than eighteen inches from the wall or building face.

“Window sign” means any sign in, on or within two feet of any glazed window or door area intended to be viewed from outside the building.

“Work of art” means any artistic image, photograph, painting, mural, sculpture or carving, either freestanding or attached to an exterior surface of a building solely for the purpose of decorating the site. A “work of art” contains no commercial text. (Ord. 753, § 2; Ord. 626, § 2; 1976 Code § 10-2.201).

Article III. General Provisions

10.10.040 Sign permit required.

A sign shall not hereafter be erected, re-erected, altered, moved, replaced or maintained except as provided in this chapter and after a sign permit has been issued by the community development department. Maintenance does not include routine maintenance as set forth in MMC 10.10.100(H). A separate sign permit shall be required for each business entity and a separate sign permit shall be required for each business sign on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. For application procedures and design review criteria, see MMC 10.10.130 and 10.10.150. (Ord. 626, § 2; 1976 Code § 10-2.301).

10.10.050 Temporary sign permit required.

Temporary signs on private property, other than those permitted pursuant to MMC 10.10.300(A) and 10.10.350, shall be permitted only upon the issuance of a Temporary Sign Permit, which shall be issued for a specified period of time, not to exceed sixty days. Applications shall be filed with the community development department on forms provided by the department. For design review criteria see MMC 10.10.150. (Ord. 626, § 2; 1976 Code § 10-2.302).

10.10.060 Use permit required.

In addition to a sign permit, a use permit shall be required for either of the following signs:

A. Freestanding signs larger than eight square feet in area or four feet high; and

B. Nonexempt signs in the residential (R) district and the open space (O) district, including residential real estate and tract signs for multifamily zones and subdivisions.

The form of application and the procedure of the planning commission concerning findings, failure to act, appeal period, acknowledgment, expiration or revocation, and suspension in connection with the use permit shall be the same as set forth in Chapter 10.05 MMC, Article XII, except that a public hearing shall not be required. (Ord. 626, § 2; 1976 Code § 10-2.303).

10.10.070 Consent of property owner.

No sign shall be erected or maintained upon any property without the written consent of the property owner or authorized representative. (Ord. 626, § 2; 1976 Code § 10-2.304).

10.10.080 Identification of sign owner.

The name of the owner of any sign shall be marked on a conspicuous place and permanently maintained on said sign. (Ord. 626, § 2; 1976 Code § 10-2.305).

10.10.090 Advertising on signs.

The copy on all signs, except informational and real estate signs, shall be limited to:

A. Identification of the building whereon the sign is located;

B. Identification of the person or business occupying the premises and the type of business or service offered by such person, firm or corporation; and

C. Identification of the product manufactured or sold on the premises. (Ord. 626, § 2; 1976 Code § 10-2.306).

10.10.100 General conditions.

A. Any sign review, permit, variance or exception (except a master sign program) granted in accordance with the terms of this chapter shall, without further action, become null and void if not used within one year from the date of approval. A time extension may be requested prior to the expiration of any approval.

B. Sign Permit Posting. Every sign permittee shall maintain a copy of the sign permit on the premises whereon the sign is located.

C. Electrical Permit. No person shall install, or cause to be installed, any electrical wiring, or any electrical lighting to be used in connection with any sign, without first obtaining an electrical permit from the community development department and paying the applicable fees.

D. Testing Laboratory Approval. All illuminated signs shall be constructed of materials approved by a recognized testing laboratory to the satisfaction of the community development department.

E. Clearance from Utility Lines. No sign shall have less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state of California or rules and regulations promulgated by agencies with jurisdiction over the utility lines.

F. Effect of Sign Permit. Neither the issuance of any sign permit to locate or maintain any sign, nor the suffering of any encroachment upon public property or right-of-way by any sign shall constitute or be construed as the granting of any right or privilege to locate any sign upon such public property or right-of-way.

G. Sign Inspections. Signs for which any permit is required shall be subject to inspection by the community development department. Whenever inspection of any sign is required to be made by the city, the owner or the person in control of the premises, upon due notice, shall grant access to the sign in order to make such required inspection.

H. Maintenance. Signs and support structures, such as braces, guys and anchors, shall be kept in proper state of repair and preservation. The display surfaces of signs shall be kept neatly painted or posted at all times. For the purpose of this section, routine maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic size, copy, color, design or structure of the sign. Routine maintenance shall not require the issuance of a sign permit.

I. Conditions of Premises Subsequent to Sign Removal. Within thirty days of the removal of any sign, site premises shall be repaired to remove any support structures, blemishes or hardware left by the removal of the sign.

J. Obstructions. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

K. Glare from Signs. All illuminated signs shall be designed in such a manner as to avoid undue glare or reflection of light that may diminish public safety, the quality of the city’s visual appearance or the quality of life of adjacent property owners or tenants.

L. Traffic Hazard. No sign shall be erected at or near the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words “STOP,” “GO,” “CAUTION,” “LOOK,” “DANGER,” or any other word, phrase, symbol or character which may interfere with, mislead or confuse traffic.

M. Special Conditions. The community development department may impose such conditions as it deems necessary to secure the purposes of this chapter and may require tangible guarantees or evidence that such conditions are being or will be complied with. (Ord. 626, § 2; 1976 Code § 10-2.307).

Article IV. Administration

10.10.110 Duty and authority of code administrators.

It shall be the duty and authority of the community development department to administer, interpret and enforce the provisions of this chapter. In the furtherance of said authority, the community development department shall:

A. Receive applications for sign permits, issue sign permits, and maintain permanent records therefor;

B. Conduct such inspections of signs and sign structures as are necessary to obtain compliance with the terms of this chapter;

C. Provide and maintain a continuing program of public information relating to signs;

D. Enforce the sign regulations in accordance with the adopted policy of the city as set forth in the administrative code entitled “Code Enforcement Policies and Procedures”;

E. Order the abatement of violations of the Millbrae sign regulations and assist in the prosecution of such violations in accordance with the city of Millbrae Municipal and Administrative Codes;

F. Receive, file and transmit to the planning commission all applications, appeals, and other communications upon which the planning commission is required by this chapter to act; and

G. Identify and inventory illegal and abandoned signs, pursuant to Business and Professions Code Section 5491.1. (Ord. 626, § 2; 1976 Code § 10-2.401).

10.10.120 Conformity.

All departments, officers and public employees of the city vested with the duty or authority to issue sign permits, electrical permits, use permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for uses, structures or purposes in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be null and void. (Ord. 626, § 2; 1976 Code § 10-2.402).

10.10.130 Application procedures.

Applications for sign approvals and permits shall be filed with the community development department on forms provided by the department. Both planning and building division review is required. The following information shall be provided at a minimum:

A. Name, address and telephone number of the property owner, applicant, and sign contractor or erector;

B. An accurate site plan with location of buildings, parking lots, driveways, landscaped areas and signs;

C. An accurate indication of the proposed location of each proposed sign, including any signs which are to remain or be removed;

D. Scaled drawings of the proposed signs shown on elevations of the building, advertising structure or base with sign dimensions, materials, lettering and graphic style, type of lighting, and color scheme;

E. Computation of existing, proposed and total signage area in relation to maximum permitted sign area; and

F. Such other information as the community development department may require to show full compliance with this and all other laws and ordinances of the city. (Ord. 626, § 2; 1976 Code § 10-2.403).

10.10.140 Fees and penalties.

A sign permit and a plans examination fee shall be paid in accordance with the schedule of fees and related provisions established by the city council. Wherever a permit and permit fee are required by this chapter and work is started prior to obtaining the permit, the applicant shall pay the required permit fee and additionally pay a penalty equal to the amount of the permit fee for a permit issued subsequent to the work having been started. (Ord. 626, § 2; 1976 Code § 10-2.404).

10.10.150 Design review.

A. A sign permit shall be issued only when the sign is consistent with all sections of this chapter and the location, number, size, scale, design, lighting, materials and colors harmonize with their surroundings and are compatible with the architectural style of the building.

B. Planning commission design review shall be required for any nonexempt sign on an internally illuminated canopy, awning or fascia panel and for any permanent sign which causes the total sign area to exceed fifty square feet. Signs of fifty square feet or less shall be reviewed and approved by the community development department in accordance with this chapter.

C. Subject to design review and a sign permit, a business’s maximum permitted sign area may be distributed on the building site as authorized by the property owner, provided that permanent signage does not exceed one and one-half square feet per linear foot for any building face. Additionally, permanent window signs in, on or within two feet of any glazed window or door area shall be limited to twenty-five percent window coverage. (Ord. 626, § 2; 1976 Code § 10-2.405).

10.10.160 Exceptions and variances.

The planning commission may grant exceptions and variances to the regulations prescribed in this chapter relating to the height, area, location or number of signs under the following circumstances.

A. Master Sign Program Exception. The planning commission may grant an exception in connection with the approval of a master sign program (see Article VII, Master Sign Program) if it finds that strict adherence to the requirements of this chapter would unduly impede or interfere with the ability of one or more businesses, facilities or enterprises to adequately identify themselves to the public, or a segment of the public likely to patronize them. The planning commission shall also find that the signage is harmonious and compatible with the development of the property on which it is proposed and with other development in the immediate vicinity.

B. Exceptions to an Individual Sign. The planning commission, or community development department (in review of an individual sign or sign program of less than fifty square feet), may grant an exception to an individual sign if it finds that strict adherence to the requirements of this chapter would unduly impede or interfere with the ability of the business to adequately identify itself to the public. The planning commission (or the community development department) shall also find that the signage is harmonious and compatible with the development of the property on which it is proposed and with other development in the immediate vicinity.

C. Variance. In all other cases which do not apply to a master sign program or exceptions to an individual sign, a zoning variance shall be required. The form of application, and the procedure of the planning commission concerning findings, failure to act, appeal period, acknowledgment, expiration or revocation, and suspension shall be the same as set forth in Chapter 10.05 MMC, Article XIII, except that a public hearing shall not be required. (Ord. 626, § 2; 1976 Code § 10-2.406).

10.10.170 Appeals.

A. Any applicant affected by any decision of the community development department, or other city official(s) under the provisions of this chapter, may appeal such decision to the planning commission within thirty days from the date of such decision. Such appeal shall be made in writing, setting forth the grounds therefor and shall be filed with the secretary of the planning commission.

B. Where planning commission review is required for any sign, any person, including the applicant, may appeal the decision of the planning commission to the city council. Said appeal shall be in writing and filed with the city clerk within ten days after the issuance of the decision of the planning commission. A public hearing shall be held by the city council at the time and in the manner provided in Chapter 10.05 MMC, Article XIII, for appeals from actions taken in the matter of applications for variances and use permits. (Ord. 626, § 2; 1976 Code § 10-2.407).

10.10.180 Violations.

Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this code and by state law.

A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning district in which the sign is located;

B. To install, create, erect or maintain any sign requiring a sign permit without such a permit;

C. To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the sign permit has lapsed;

D. To continue any such violation enumerated above. Each such day of a continued violation shall be considered a separate violation when applying the penalty provisions of this chapter;

E. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty provisions of this chapter. (Ord. 626, § 2; 1976 Code § 10-2.408).

10.10.190 Enforcement and remedies.

Any violation of this chapter or of any condition or requirement adopted pursuant thereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law and this code. A violation of this chapter shall be considered a violation of this code. The remedies of the city shall include any of the following:

A. Issuing a stop-work order for any and all work on any sign(s) on the same property;

B. Enforcing the sign regulations in accordance with the adopted policy of the city set forth in the administrative code entitled “Code Enforcement Policies and Procedures”;

C. Imposing any penalties that can be imposed directly by the city under this code;

D. Seeking in court the imposition of any penalties that can be imposed by a court of law under this code;

E. In the case of a sign that imposes an immediate danger to the public health or safety, taking such measures of summary abatement as are available to the city under the applicable provisions of the Uniform Building Code or the Community Preservation Ordinance for such circumstances.

All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (Ord. 626, § 2; 1976 Code § 10-2.409).

10.10.200 Administrative abatement or removal of signs.

A. Abatement or Removal of Unlawful Signs. Abatement and removal may be ordered for any sign, and other advertising structure regulated in this chapter, when the community development department determines the sign to be unsafe, insecure or a menace to the public. In addition, signs constructed, erected or maintained in violation of the provisions and regulations of this chapter, shall be determined to be a public nuisance and shall be subject to abatement and removal as set forth in the Community Preservation Ordinance, Chapter 6.25 MMC.

B. Any sign, unless otherwise authorized in MMC 10.10.360 through 10.10.390, which because of changes in building or site occupancy or use does not comply with the requirements of MMC 10.10.090, may be maintained for a period no longer than ninety days after which time any such sign shall be determined to be a nuisance and shall be subject to abatement or removal as set forth in the Community Preservation Ordinance, Chapter 6.25 MMC. (Ord. 626, § 2; 1976 Code § 10-2.410).

Article V. Computation of Sign Area

10.10.210 Maximum permitted sign area.

Maximum permitted sign area for commercial or industrial businesses is calculated as noted below. Exceptions and variances may be considered by the planning commission pursuant to MMC 10.10.160.

A. Businesses Conducted Primarily Within a Building. Principal building frontage shall be used to calculate the maximum permitted sign area for businesses conducted primarily within a building, except as noted in subsections (B), (C) and (D) of this section. The maximum permitted sign area for any building site shall be equal to one and one-half square feet per linear foot of primary building frontage and, when applicable, three-quarter square foot per linear foot of secondary frontage. Any ground floor business with a principal building frontage of less than twenty feet shall be permitted thirty square feet of signage. The principal building frontage is the linear distance the outside principal building wall(s) abuts a dedicated street, a dedicated alley, an on-site parking or vehicular passage area, or an adjacent public parking lot. Primary frontage is the longest linear distance which meets the above criteria. All other frontages which also meet the above requirements are considered secondary frontages. A maximum of four frontages may be calculated per site.

B. Businesses Conducted Primarily Outdoors. The maximum permitted sign area for businesses conducted primarily outdoors shall not exceed one square foot per linear foot of street frontage of the site, or portion thereof, whereon the use referred to is conducted. In the case of sites having frontage and access by customers and/or customers’ vehicles on more than one street, the total accessible street frontage may be used in calculating the maximum permitted sign area. Vacant sites shall not be permitted sign area for outdoor advertising signs.

C. Businesses Conducted Both Within and Outside of Principal Buildings. Automobile sales lots, gasoline service stations, and other like businesses which operate both within and outside of principal buildings shall be permitted the larger sign area of either subsection (A) or (B) of this section.

D. Gasoline Service Stations. In addition to the sign area otherwise permitted by this chapter, gasoline service stations shall be permitted the minimum area required for state-mandated signs. (Ord. 626, § 2; 1976 Code § 10-2.501).

10.10.220 Area of individual signs.

A. The gross surface area of a sign shall be determined by the sum of the smallest combination of rectangles that will encompass the extreme limits of the writing, emblem and other display, together with any structure, material or color forming an integral part of the background of the display.

B. Except for exempt signs, any permanent sign on an internally illuminated canopy, awning or fascia panel shall be subject to planning commission design review. The entire area of illumination and the area of the individual sign(s) shall be calculated, as noted in this section. (Ord. 626, § 2; 1976 Code § 10-2.502).

10.10.230 Area of multifaced signs.

The area for a sign or sign structure with more than one face shall be computed by adding together the maximum area of all signs visible from any one point. For the purpose of this section, awnings, canopies and marquees are not sign structures. (Ord. 626, § 2; 1976 Code § 10-2.503).

Article VI. Regulations for Specific Sign Types

The following major sign types are subject to all standards, provisions and conditions specified in this chapter. Additionally, all signs in this article are subject to design review and a sign permit, unless otherwise noted or exempted by MMC 10.10.350. Design and construction of all signs shall comply with this code and the adopted Uniform Codes.

10.10.240 Awning and canopy signs.

A. Maximum Size. Shall comply with the maximum permitted sign area.

B. Maximum Number. One per canopy or awning face.

C. Conditions. Shall be placed on, attached to or constructed on a canopy or awning subject to design review and a sign permit. Minimum eight feet of vertical clearance required from bottom of awnings or canopies to adjacent grade. Minimum fourteen feet of vertical clearance required in vehicular passage areas. For internally illuminated awning or canopy signs, see MMC 10.10.220(B). (Ord. 626, § 2; 1976 Code § 10-2.601).

10.10.250 Freestanding signs.

A. Maximum Size. Shall comply with the maximum permitted sign area. Signs may be multifaced provided the surface of each face does not exceed sixty square feet in area, and the total of all faces does not exceed one hundred and twenty square feet. The height of the sign shall not exceed twenty feet above the nearest existing curb grade.

B. Maximum Number. One sign for each parcel of land in single ownership. One additional sign shall be permitted for interior lots with two hundred and fifty feet or more of street frontage and corner lots with three hundred feet or more of street frontage.

C. Conditions. Shall be placed entirely upon private property subject to design review and a sign permit. Additionally, a use permit shall be required for all freestanding signs, except those signs noted below, pursuant to MMC 10.10.060. For signs on a pylon, the vertical clearance of the sign shall be at least ten feet from the nearest curb grade, except where such sign is located over a landscaped area. A minimum of fourteen feet of vertical clearance is required in vehicular passage areas. A use permit shall not be required for: (1) signs less than eight square feet in area and four feet above grade; and (2) noncommercial changeable copy signs less than eight feet high and fifteen square feet in area. Changeable copy letters shall not exceed six inches in height. Such signs shall be located at least five feet from the front and side property lines and not interfere with adequate site distance. (Ord. 626, § 2; 1976 Code § 10-2.602).

10.10.260 Marquee signs.

A. Maximum Size. Shall comply with the maximum permitted sign area.

B. Maximum Number. One sign per marquee face.

C. Conditions. Shall be placed on, attached to or constructed on a marquee subject to design review and a sign permit. Minimum ten feet of vertical clearance required from bottom of sign to grade. Minimum fourteen feet of vertical clearance required in vehicular passage areas. Shall not be closer than two feet from vertical projection of curbline. (Ord. 626, § 2; 1976 Code § 10-2.603).

10.10.270 Projecting signs.

A. Maximum Size. Shall comply with maximum permitted sign area.

B. Maximum Number. No maximum.

C. Conditions. Shall project from building face or wall subject to design review and a sign permit. Signs shall not project more than fifty percent of the distance between the building face and the vertical projection of the curbline, be located less than two feet from the vertical projection of the curbline, nor exceed a projection of six feet from the building face or wall, whichever is the most restrictive. Supports shall be placed in or upon private property. Signs shall not extend above the roof ridge or parapet line of the building, whichever is lower. Minimum ten feet of vertical clearance required from bottom of sign to grade. Minimum fourteen feet of vertical clearance required in vehicular passage areas. (Ord. 626, § 2; 1976 Code § 10-2.604).

10.10.280 Real estate and tract signs.

A. Maximum Size. For commercial properties, residential subdivisions and multifamily zones, other than R-2: thirty-two square feet in area, sixteen feet maximum dimension, and twelve feet above grade.

B. Maximum Number. One sign for each parcel of land in single ownership, other than R-1 or R-2 zone parcels, or one per one hundred twenty feet of a street frontage.

C. Conditions. Shall be placed on private property subject to design review and a sign permit. Additionally, a use permit shall be required pursuant to MMC 10.10.060. Permitted signs shall be removed within thirty days after completion of sales activities or after issuance of an occupancy permit. See MMC 10.10.300(A) for temporary signs not requiring a sign permit. (Ord. 626, § 2; 1976 Code § 10-2.605).

10.10.290 Suspended signs.

A. Maximum Size. Shall comply with the maximum permitted sign area and not exceed six square feet in area.

B. Maximum Number. One per business frontage.

C. Conditions. Shall be suspended from the underside of awning, canopy, marquee or similar support subject to design review and a sign permit. Minimum eight feet of vertical clearance required from bottom of sign to grade. Minimum fourteen feet of vertical clearance required in vehicular passage areas. (Ord. 626, § 2; 1976 Code § 10-2.606).

10.10.300 Temporary signs.

A. Temporary Signs Not Requiring Design Review or a Sign Permit.

1. Election Signs. Election signs shall be placed on private property with the consent of the private property owner and/or the occupant of the private property. No signs shall be erected upon any public property or upon any public right-of-way as specified in MMC 10.10.340(A). Signs shall be removed within ten days following the election by the person who erected the sign or the owner/occupant of the property upon which the sign is erected. Each candidate, campaign committee or authorized representative shall sign an affidavit assuring removal of all election signs.

2. On-Premises Real Estate Signs. On-premises real estate signs in the R-1 and R-2 zoning districts shall not exceed four square feet in area and six feet in height. All other districts are permitted nine square feet of area and six feet of height if sign is placed on a pole. One sign is permitted per address for each street abutting the premises. The sign shall be displayed on the subject property and is limited to the period such premises is held for sale, rent or lease, and not more than fifteen days thereafter.

3. Off-Premises Real Estate Signs. Off-premises portable real estate signs shall not exceed four square feet in area. Two such signs are permitted per address and shall be displayed only between the hours of eight a.m. and five p.m. on a day when an open house is held. Such signs shall be placed on private property; however, if private property is not physically available, one of the two portable signs may be placed on public property in a safe manner that does not obstruct or interfere with pedestrian or vehicular traffic. Nonconforming signs may be administratively removed and retained by the Millbrae police department for a period of up to fourteen days. A fee, the amount of which is set forth in a resolution approved by the city council, shall be assessed to release the sign. If the sign is not retrieved by its owner within fourteen days of its removal, the police department may dispose of the sign.

4. Temporary Window Signs (for exterior display located in, on or within two feet of any glazed window or door). Temporary window signs, located on the ground floor of commercial and industrial businesses, which cover ten percent or less of any glazed window or door area shall be permitted without design review or a sign permit. Signs may be displayed for a period of time not exceeding thirty days for the same material. A thirty-day period shall lapse before display of the same sign. Noncommercial signs shall not be included in the percentage limitation.

B. Temporary Signs Requiring a Temporary Sign Permit. No person shall erect exterior signs or banners, temporary window signs which exceed ten percent window coverage, special occasion pennants, flags, balloons, streamers, spinners, ribbons, portable signs or the like without first complying with all portions of this chapter and then obtaining a temporary sign permit from the community development department pursuant to MMC 10.10.050. The temporary sign permit shall be limited to sixty calendar days per year, per address. Signs may be displayed for one consecutive sixty-day period or any combination so designated by the applicant. Signs and banners shall not be freestanding or placed in the public right-of-way or on public property. Signs and banners shall be securely fastened and provide adequate vertical clearance where necessary. Each sign is limited to one per street frontage and a maximum of thirty-two square feet.

C. Temporary Street Banners. No person shall erect or maintain any sign or banner over, across or above any public street, alley or other public place for any purpose whatsoever, without first obtaining written approval from the Department of Public Works. The department of public works may, upon receipt of a complete application and proof of insurance, issue a sign permit for the erection and maintenance of a street banner or similar device at the designated banner location (Broadway near Hillcrest Boulevard) if such device is to be maintained in connection with an event of a general civic and/or public nature conducted within the city. The department of public works may establish written conditions for such sign permit as may be necessary to assure compliance with the purposes of this chapter. (Ord. 626, § 2; 1976 Code § 10-2.607).

10.10.310 Wall signs.

A. Maximum Size. Shall comply with the maximum permitted sign area.

B. Maximum Number. No maximum.

C. Conditions. Shall be placed on, attached to or constructed on a wall or building subject to design review and a sign permit. Shall be located approximately parallel with the building face, with the exception of a V-type sign which may project a maximum of eighteen inches from the building face. Shall not extend above the roof ridge or parapet line of the building, whichever is lower. (Ord. 626, § 2; 1976 Code § 10-2.608).

10.10.320 Window signs.

A. Maximum Size. Shall comply with the maximum permitted sign area. For temporary window signs, see MMC 10.10.300.

B. Maximum Number. No maximum.

C. Conditions. Shall be placed in, on or within two feet of any ground floor window or door area subject to design review and a sign permit. Signs shall not exceed twenty-five percent window coverage on any glazed window or door area. (Ord. 626, § 2; 1976 Code § 10-2.609).

Article VII. Master Sign Program

10.10.330 Master sign program and requirements.

A. General. The threefold purpose of a master sign program is to identify the (1) maximum permitted sign area allowed on a particular site; (2) on-site areas which are suitable for signs; and (3) permitted on-site signs. A master sign program is subject to review and approval by the planning commission. Once approved, individual businesses may apply for proper permits to erect new signs in compliance with the sign program.

B. Applicability. A master sign program is initiated by a property owner and is required for all new developments with more than one principal building, all new multiple tenant buildings, all new planned development projects and existing multitenant buildings where significant facade improvements will require the removal of signage. A master sign program is recommended for existing sites with more than one principal building, for existing multitenant buildings and for individual buildings where the site would benefit from a coordinated signage plan.

C. Required Information. A master sign program shall contain at least the following information:

1. An accurate site plan;

2. Location of buildings, parking lots, driveways and landscaped areas;

3. Computation of the maximum permitted sign area;

4. An accurate indication on the site plan of the location of each proposed sign, including any signs which are to remain or be removed; and

5. Scaled drawings of the proposed signs shown on elevations of the building(s) and any freestanding signs showing sign size, copy, graphic style, type of lighting and color scheme.

D. Procedures. Any sign which conforms to an approved master sign program may be approved by the community development department. Approval of a master sign program does not waive the permit requirements for individual signs.

E. Amendment. A master sign program may be amended by filing a new master sign program that conforms with all requirements of this section.

F. Exceptions to Regulations. Exceptions to sign regulations for height, area, location or number may be permitted subject to review and approval of a master sign program. See MMC 10.10.160(A).

G. Existing Signs Not Conforming to a Master Sign Program. If any new master or amended sign program is filed for property on which existing signs are located, it shall include a schedule for bringing into conformance all signs not conforming to the proposed or amended program, or this chapter.

H. Binding Effect. After approval of a master sign program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this section. The master sign program shall be attached to the lease agreements for all leasable space within the project. In case of any conflict between the provisions of such a plan and any other provisions in this chapter, this section shall control. (Ord. 626, § 2; 1976 Code § 10-2.701).

Article VIII. Prohibited Signs or Advertising

10.10.340 Prohibited signs or advertising.

All of the following signs and advertising are expressly prohibited:

A. Signs on Public Property. No person, firm or corporation except a duly authorized public officer or employee, shall erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten any card, banner, handbill, poster, sign, advertisement or notice of any kind, or cause or suffer the same to be done, on any curbstone, lamppost, pole, bench, hydrant, bridge, wall, tree, sidewalk, or structure in, upon or across any public street, alley, place or property, except as required or permitted by ordinance or law;

B. Unlawful Sign Projection. No sign shall project into a public right-of-way or into an established setback unless reviewed and approved by the department of public works. For encroachments on state rights-of-way, an encroachment permit from CalTrans is required prior to permit issuance;

C. Roof Signs. All roof signs are prohibited; however, a projecting sign with its main supports on the roof may be permitted through design review;

D. Portable signs, advertising structures or merchandise displays placed upon or attached to the ground on any portion of the public street, sidewalk or right-of-way. For temporary use, see MMC 10.10.300;

E. Snipe signs, or sniping;

F. Rotating, animated, moving or flashing signs. No sign shall rotate, move or flash; however, a barber pole, certain electronic changeable copy signs and time, date and temperature devices may be permitted through design review;

G. Outdoor advertising signs or structures in any zoning district; however, a sign erected and maintained by public authority, or any third party authorized by the public authority, on property owned or controlled by the public authority may be permitted through design review and a use permit consistent with MMC 10.10.350(B);

H. Permanent pennants, flags, balloons, streamers, spinners and ribbons, except those displayed on parcels of land used for the sale, lease or rental of motor vehicles. For temporary use, see MMC 10.10.300;

I. Advertising displayed as a sign or upon any advertising structure for any activities prohibited within this code or any other laws or regulations of the county, state or federal government; and

J. Signs in residential zones unless specifically permitted by this chapter; however, signs may be permitted through design review and a use permit for conditionally approved uses which would benefit from site identification. (Ord. 757, § 2; Ord. 626, § 2; 1976 Code § 10-2.801).

Article IX. Exempt Signs

10.10.350 Exempt signs.

The class of signs set forth in this section are exempt from the standards specified in this chapter. This section shall not exempt such signs from other provisions of this code which require building or electrical permits.

A. Official Public Signs and Notices (Noncommercial). No maximum size or number. Such signs shall only be displayed by a court, public body, person or officer performing a public duty or by a public agency on public property.

B. Any Signs Erected and Maintained by Public Authority or Any Third Party Authorized by the Public Authority on Property Owned or Controlled by the Public Authority (Commercial or Noncommercial). Notwithstanding this exemption, commercial/noncommercial freestanding signs larger than eight square feet in area or four feet high to be placed on property owned or controlled by the public authority shall be granted a sign permit and a use permit; provided, that the planning commission determines through a design review that: (1) such signs satisfy MMC 10.05.2520(D); and (2) the location, number, size, scale, design, lighting, materials and colors of such signs harmonize with and are compatible with the immediate surroundings of such signs.

C. Informational Signs, On-Premises. Maximum size of two square feet in area. Total signage visible per street frontage shall not exceed ten square feet. No maximum number.

D. Business Information. Maximum size of two square feet to identify hours of operation, telephone and emergency information. One per business entry. Eight-inch illuminated address numbers also are exempt.

E. Flags (Noncommercial). Maximum height of thirty feet and sixty square feet in area. Limited to one flagpole per address. All commercial flags subject to use permit and maximum permitted sign area.

F. Directional Signs, Off-Premises. Limited to signs on public property which are erected and maintained by a public agency. Applicants may apply to the director of public works for review and approval when the sign will (1) serve a public convenience and/or safety, and (2) relate to a use which is clearly of a noncommercial nature. Maximum size of two square feet in area. Normally limited to one sign. All associated costs of such sign shall be paid by the applicant.

Also see MMC 10.10.300(A) for temporary signs not requiring design review or a sign permit. (Ord. 753, § 3; Ord. 626, § 2; 1976 Code § 10-2.901).

Article X. Nonconforming Signs

10.10.360 Nonconforming signs and signs without sign permits.

Except as otherwise provided herein, the owner of any property on which exists a sign that does not conform with the requirements of this chapter or for which no current and valid sign permit exists shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this chapter. (Ord. 626, § 2; 1976 Code § 10-2.1001).

10.10.370 Determination of legal nonconformity.

Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation “legal nonconforming” provided that:

A. The sign was installed in conformance with a valid sign permit, use permit, exception or variance; and

B. Such sign is not in violation of the Community Preservation Ordinance, Chapter 6.25 MMC. (Ord. 626, § 2; 1976 Code § 10-2.1002).

10.10.380 Loss of legal nonconforming status.

A sign will not have legal nonconforming status if any of the following occur:

A. The sign has been erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

B. The sign was lawfully erected but the use has ceased, or the structure upon which the sign is displayed is abandoned by its owner for a period of ninety days;

C. The sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty days of the date of its destruction;

D. The sign owner, outside of a change of copy, requests permission to remodel, expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling exceeds fifty percent of the value of the building;

E. The sign owner seeks relocation of the sign;

F. The sign owner applies for a master sign program to permit new signage in addition to the existing legal nonconforming sign;

G. The sign was temporary;

H. The sign is or may become a danger to the public or is unsafe or violates the Community Preservation Ordinance, Chapter 6.25 MMC; or

I. The sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county. (Ord. 626, § 2; 1976 Code § 10-2.1003).

10.10.390 Maintenance and repair of nonconforming signs.

Legal nonconforming signs are subject to all requirements of this chapter regarding safety, maintenance and repair. (Ord. 626, § 2; 1976 Code § 10-2.1004).

Article XI. Conflict, Severability, and Effective Date

10.10.400 Conflict.

If any portion of this chapter is found to be in conflict with any other provisions of this code, the provision which establishes the highest standards shall prevail. (Ord. 626, § 2; 1976 Code § 10-2.1101).

10.10.410 Severability.

If any section, subsection, sentence, clause or phrase of this chapter or its application to any person or circumstances is held invalid by the decision of any court, the remainder of this code, or the application of the provision to other persons or circumstances, shall remain in full force and effect. (Ord. 626, § 2; 1976 Code § 10-2.1102).

Chapter 10.10SIGN REGULATIONS

10.10.010 Purpose.

10.10.020 Applicability.

10.10.030 Definitions.

10.10.040 Sign permit required.

10.10.050 Temporary sign permit required.

10.10.060 Use permit required.

10.10.070 Consent of property owner.

10.10.080 Identification of sign owner.

10.10.090 Advertising on signs.

10.10.100 General conditions.

10.10.110 Duty and authority of code administrators.

10.10.120 Conformity.

10.10.130 Application procedures.

10.10.140 Fees and penalties.

10.10.150 Design review.

10.10.160 Exceptions and variances.

10.10.170 Appeals.

10.10.180 Violations.

10.10.190 Enforcement and remedies.

10.10.200 Administrative abatement or removal of signs.

10.10.210 Maximum permitted sign area.

10.10.220 Area of individual signs.

10.10.230 Area of multifaced signs.

10.10.240 Awning and canopy signs.

10.10.250 Freestanding signs.

10.10.260 Marquee signs.

10.10.270 Projecting signs.

10.10.280 Real estate and tract signs.

10.10.290 Suspended signs.

10.10.300 Temporary signs.

10.10.310 Wall signs.

10.10.320 Window signs.

10.10.330 Master sign program and requirements.

10.10.340 Prohibited signs or advertising.

10.10.350 Exempt signs.

10.10.360 Nonconforming signs and signs without sign permits.

10.10.370 Determination of legal nonconformity.

10.10.380 Loss of legal nonconforming status.

10.10.390 Maintenance and repair of nonconforming signs.

10.10.400 Conflict.

10.10.410 Severability.

Chapter 10.10
SIGN REGULATIONS