HomeMy WebLinkAboutTC Ord 1992-03-17
ORDINANCE NO. 381 N.S.
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AN ORDINANCE OF THE TOWN COUNCIL OF THE ..
lr TOWN OF TIBURON REPEALING IN ITS ENTIRETY
CHAPTER 16A OF THE MUNICIPAL CODE (SIGNS,
HANDBILLS, AND EXTERIOR LIGHTING) AND ADOPTING
A NEW CHAPTER I6A OF THE MUNICIPAL CODE (SIGNS)
Section 1. Findinl!s.
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WHEREAS, the Town Council has held a public hearing on March 3, 1992,
and has received public testimony on this matter; and
WHEREAS, all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed; and
WHEREAS, the Town Council has found that the proposed Municipal
Code revision is consistent with the goals and policies of the Tiburon General
Plan and other ordinances and regulations; and
WHEREAS, the Town Council has certified a Negative Declaration for this
. project in accordance with state and local environmental guidelines.
Section 2. Chanter 16A of the Tiburon Municinal Code Renealed.
Chapter 16A of the Tiburon Municipal Code (Ordinances No. 45 N.S., No. 54
N.S., No. 116 N.S., No. 196 N.S., and No. 356 N.S.) pertaining to signs, handbills
and exterior lighting are hereby repealed.
Section 3. Chapter 16A of the Tiburon Municinal Code Added.
A new Chapter 16A entitled "Signs" is hereby added to the Tiburon Municipal
Code as follows:
CHAPTER 16A
SIGNS
Section 16A-1. Purpose and Intent.
Section 16A-2. Sign Permit Required.
Section 16A-3. Sign Permit Application and Processing.
I Section 16A-4. Principles of Review.
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Section 16A-5. Sign Standards.
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Section 16A-6. Exception to Regulations. -
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... Section 16A-7. Signs Not Requiring Permits.
Section 16A-8. Prohibited Signs.
Section 16A-9. Enforcement.
Section 16A-I0. Nonconforming Signs.
Section 16A-ll. Definitio~s.
Section 16A-1. Purnose and Intent.
Tiburon's setting, natural environment, history, and climate combine to provide it
with unique beauty, charm and character.
The purposes of this chapter are to ensure that signs are appropriate and
compatible with the environment and character of the community, and to
promote traffic safetY.,
When appropriately regulated, signs can promote traffic safety and provide
r clarity, aesthetic appeal, and harmony which enhance a community's character.
Left unregulated, signs can result in traffic and pedestrian safety hazards and
can detract from, rather than enhance, the character of a community.
Standards provided in this chapter are intended to promote the health, safety,
and general welfare by regulating the design, materials, construction,
illumination, location, and maintenance of all signs.
It is the intent that the provisions of this chapter will provide functional
flexibility, encourage variety, and create an incentive to relate signs to basic
principles of good design while eliminating visual blight and potential traffic and
pedestrian safety hazards.
Section 16A-2. Silm Permit Reauired.
No person shall erect, move, alter, replace, or repair any sign without prior
issuance of a sign permit as required in this chapter.
An existing sign refinished for a use or business other than the previous use or
business shall be considered a new sign.
I Any required encroachment permit, building permit, electrical permit, or other .
permit shall also be obtained prior to the erection DC a sign.
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Section 16A-3. Sil:n Permit Annlication and Processinl!.
r Applications for sign permits, and a list of materials necessary to file an
... application, may be obtained from the Design Review Division of the Tiburon
Community Development Department.
Once an application is determined by Town stafT to be complete, it shall be
transmitted to the Board for consideration.
The Board shall review the applicatl2!I and determine whether the proposed sign
conforms to applicable regulations and to the purpose and intent of this chapter.
The Board may approve, approve with modifications or conditions, or deny any
such application.
The decision of the Board may be appealed to the Town Council. The decision of
the Town Council shall be final.
Section 16A-4. Princinles of Review.
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GENERAL
r Signs shall be designed such that they are architecturally a part of the design of
any building, rather than a feature independent of, and in conflict with, the
design of any building.
Signs shall be in harmony with their surroundings, and shall not be garish,
excessively brilliant or obtrusive, or otherwise inappropriate to the character of
the Town. This includes color and materials as well as design of the sign.
Materials used to construct a sign should be compatible with the exterior
treatment of the building which they serve.
Signs should be designed to relate to the pedestrian scale, and should also be of
appropriate scale to the structure, building or use which they serve.
SPECIFIC
Freestanding signs should generally be low and understated in character, ie.
monument signs.
Projecting signs should be used with restraint and should complement the
, architecture of the building rather than detract from it. -
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r Neon, when used creatively and in an artistic manner, may be al10wed in very
, limited amounts in signs where deemed appropriate. At al1 times, neon elements
~ of a sign shall be unobtrusive and non-glaring, and shall be considered in context
with both the building and its surroundings. The Board shall review neon
elements careful1y on a case-by-case basis.
"A-frame" and other portable signs should be used sparingly, but may be allowed
where deemed appropriate. Such signs must be placed on the private property
served by the sign and shall not be "~ced on the public right-of-way or on public
property.
Section 16A-5. Sil!Jl Standards.
The fol1owing standards shal1 be applied when reviewing applications for sign
permits:
1. SIGN NUMBER
A maximum (letwo signs for each place of business in each building may
be allowed, provided that a third sign may be allowed if determined to be
necessary for the reasonable visibility of the business.
r Shopping Centers may have, in addition, an identification sign not to
exceed 100 square feet in area.
2. SIGN AREA
The maximum allowable sign area for any business shall be one square
foot of signage for each four linear feet of frontage of such business, as
defined herein. Second floor businesses shall have equivalent frontage
allowances.
No single sign (except a shopping center sign) shal1 exceed 48 square feet
in area, and no projecting sign shal1 exceed 16 square feet in area.
No more than one portable sign shall be permitted for each business.
No more than one freestanding sign shall be permitted on any property.
3. SIGN HEIGHT
No freestanding sign (including the sign structure) shall exceed 12 feet in
, height. -
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No projecting or wall Sign shall extend above the top level of the wall or in
,.. any other manner such that it becomes a "roof Sign" as defined herein.
~ The minimum overhead clearance for any Sign which is suspended or
projects over any public or private walkway or walk area shall be 8 feet.
4. Silm SETBACK AND PRO.TECfION
No projecting Sign shall project more than four feet from any wall surface,
nor project above the top lev!Jlof the wall or in any other manner such
that it becomes a "roof Sign" as defined herein. Signs projecting over the
public right-of-way shall require an encroachment pennit from the
Department of Public Works.
No freestanding Sign shall be located within 10 feet of any public right-of-
way.
No wall Sign projecting over a property line shall exceed a thickness of 12
inches.
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5. SilPl ILLUMINATION
r The visual intensity of illumination shall be appropriate within the context
of the size, location, and surroundings of the Sign. The Board may
condition the approval of an illuminated Sign based upon its actual visual
intensity after operation begins, and may order dimming or other
modification if the illumination is found to be excessively brilliant or
garish, or not in keeping with the surrounding environment.
Section 16A-6. ExceDtion to Re~lations.
Where a strict adherence to the provisions of this chapter will result in an
unnecessary hardship or prohibit creative deSign, the Board may grant an
exception to any regnlation of this chapter if it makes the following findings:
1. Exceptional physical circumstances or conditions exist which apply to the
site or location under consideration.
2. The exception is not inconsistent with the purpose of this chapter.
Section 16A-7. Siens Not Reauirine Permits.
The following Signs shall not be counted in the tabulation of Sign area or
J number of Signs, and may be erected without a pennit provided that they are not -
illuminated and contain no reflective paint or material (see exception for street
numbers):
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AFFILIATION SignS not to exceed 3 square feet in aggregate area are
~ permitted.
~ CONSTRUCTION SignS provided that only two Signs not to exceed 6
square feet in area each in residential zones and 25 square feet in area
each in non-residential zones are permitted per construction site. Such
Signs shall not be erected prior to commencement of construction and
shall be removed within 5 days of final release of the construction by the
Building Inspector.
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INFORMATION SignS, such as "open" and "hours of business" when not
exceeding one square foot in area.
OCCUPATIONAL NAMEPLATES not to exceed one square foot in area.
OFFICIAL TRAFFIC SignS or other government Signs, legal notices,
advertisements prescribed by law, Signs indicating the location of buried
utility lines or any notice posted by a government officer in the scope of
duty.
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POLITICAL SignS are permitted on any property if placed there by the
owner or tenant provided that no single Sign exceeds 8 square feet in area.
,. Each Sign shall be erected no sooner than 120 days prior to an election
and must be removed within 10 days following the election.
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REAL ESTATE SignS provided that only one Sign not to exceed 3 square
feet in area is allowed per parcel. A maximum of four "open house-type"
Signs, each not in excess of 3 square feet, may be located on private
property with the permission of the owner, or on public property provided
that they do not obstruct pedestrians or vehicles or cause damage or create
safety hazards. Open house-type Signs are permitted only between the
hours of 12:30 P.M. and 4:30 P.M. on Sundays.
STREET ADDRESS SignS of reasonable size are permitted and may be
illuminated or contain reflective paint or material.
GRAND OPENING AND OTHER SPECIAL EVENT SignS of a short-term
nature, provided that no more than two such Signs shall be allowed per
business, and provided that such Signs shall be limited to a 30-day, non-
consecutive time period, after which they shall be promptly and completely
removed.
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Section 16A-8. Prohibited Silms.
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... The following Signs are prohibited at all times and may not be approved by the
granting of an exception as described in Section 16A-6:
MOVING SignS, as defined herein.
OFF-SITE SignS, as defined herein.
ROOF SignS, as defined herein.
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VEHICLE SignS, as defined herein.
Section 16A.9. Enforcement.
In eeneraI. Any violation of the provisions of this chapter is hereby declared a
public nuisance and shall be subject to summary abatement as provided by law,
including Business and Professions Code Sections 5499.1 to 5499.16.
Any person violating provisions of this chapter, or violating any conditions of a
Sign permit approval, shall be deemed gnilty of a criminal misdemeanor upon
conviction and shall be subject to penalties pursuant to Section 36901 of the
r Government Code, as amended.
Any Sign permit issued by the Town may be subject to review and modification or
revocation for just cause under due process of law.
Work without a Dermit. Whenever work has been commenced without bencfit of a
permit, an investigation of the work shall be made before such permit is issued.
The fee for such investigation shall be paid in addition to the Sign permit fee.
Abandoned Siens. No person shall maintain on any premises controlled by him
any Sign which has been abandoned, as defined herein.
Siens hazardous to the Dublic. Signs located within the public right-of-way, or
within 20 feet of the intersection of the curb lines at any street intersection, and
which constitute a hazard to public safety and welfare may be impounded
immcdiately by any official of the Town to protect the public safety and welfare.
Reasonable attempts to contact the Sign owner shall be made following rcmoval
of the Sign.
Non-hazardous Silms on Dublic DroDertv. Signs located on the public right-of-
way or other public property, for which requircd permits have not been obtained,
, may be removed by any official of the Town upon due notice given by the Town, .
or following reasonable elTorts to contact the Sign owner.
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The notice to remove said Sign shall cite this chapter as authority and shall
( provide that such Sign shall be removed within two (2) days from the date. of
such notice. Failure to remove the Sign shall be cause for the Town to impound
the Sign.
ImDounded Sil,(ns shall be retained without guarantee by the Town for a period of
30 days and may be reclaimed within that period by the owner upon application
and payment of impound/storage fees at the Tiburon Town Clerk's Office.
Impounded Signs remaining unclaimed after 30 days may be disposed of in any
manner whatsoever at the discretion '"'of the Town.
Obstructinl: or confusine Signs. No Sign shall be erected such that it will
interfere with the free use of any fire escape, exit, or standpipe; or obstruct any
required stairway, door, ventilator or window; or interfere with, obstruct, confuse,
or mislead traffic. Such Signs are declared public nuisances and are subject to
abatement.
Section 16A-I0. Nonconforminl! Sil!I1s.
All nonconforming Signs lawfully existing as of the effective date of this chapter
may be continued in use, without expansion, alteration or other substantial
change.
r No nonconforming Sign shall be expanded, altered, reconstructed or moved
without being made to comply with the provisions of this chapter, provided that
the normal maintenance of any nonconforming Sign is permitted.
Section 16A-ll. Definitions.
Unless specifically defined herein, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
Abandoned Sign. Any Sign which has been abandoned for a period of 90
days or more or which pertains to a time, use, event, purpose, or business
which no longer exists.
Advertisine Sign. A Sign which is used or deSigned to direct attention to a
business, profession, commodity, service, or entertainment.
Affiliation Sien. A Sign announcing membership in an association or
business of the type which occupies the premises on which the Sign is
located; a Sign announcing the types of credit cards honored; or other
J similar Sign types which are determined by the Town to be included in this :
definition.
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Area (of Si!m). The area in square feet of the smallest rectangle enclosing
,... the total exterior surface of a Sign having but one exposed exterior surface.
.... Signs with more than one surface shall be measured as the aggregate area
of all Sign surfaces, except that two-faced Signs (back-to-back surfaces)
shall be considered to have only one face. If any structural element which
supports a Sign is deSigned, painted, or otherwise arranged to
substantially contribute to the advertising qualities of such Sign, such
structural elements shall be included in the measurement of Sign area.
Board. The Board of Adjust~nts and Review or its deSignee, and
successors thereto.
Buildinl! Face. The general outer surface of a main exterior wall of a
building. For example, a building whose plan is rectangular has four
main exterior walls and four building faces.
Construction Sim. A Sign located on a site where construction is
undenvay, giving infonnation concerning what is being constructed and by
whom the work is being done.
c.
Directional Sign. A Sign which gives direction to, or the location of, a
point of general interest or a public or quasi-public building or institution
.. such as a school, church, library, museum, or civic center. Directional
Sign shall also include Signs which facilitate or control the efficient or safe
I movement of pedestrians or vehicles. Reasonable uniformity of such Signs
is strongly encouraged.
Erect. Build, construct, place, hang, relocate, enlarge, substantially alter,
attach, affIx, suspend, paint, post, maintain or display.
Freestandin~ Sign. A Sign which is self-supporting and non-portable,
standing on the ground in a fixed location and not attached to or
projecting over any building or building projection. Such Signs may be
supported from the ground by one or more uprights, poles, or posts, with
or without braces.
Fronta2'e. The portion of a building parallel and adjacent to a public
street or adjacent to a publicly-traveled watenvay.
Heil!ht. The plumb vertical distance measured from the uppermost part of
a Sign to the lowest part of a Sign (or to the ground level if appropriate).
IdentifIcation Sim. A Sign used to identify the name of the occupant or
- the names or type of business located on the premises where such Sign is -
displayed.
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Illuminated Sien. Any Sign having illumination from an internal or
r'" external light source.
l.l Information Si!:n. A Sign used to convey information concerning the
property upon which the Sign is located.
Movine Silm. A Sign or Sign structure capable of frequent or regular
movement, including pennants, airborne balloons, moving or flashing
lights, and flags, banners; or other non. stationary devices intended or
used for commercial purposes.
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Neon Sil:Jl. Any Sign containing neon or other visible discharge gas.
OccuDational NameDlate. A Sign limited to name, occupation, and hours
of business.
Off.Site Silm. An advertising Sign", as defined herein, which is not located
on the property or premises of the use, business, profession, commodity,
service or entertainment for which it advertises. Certain Signs, such as
directional Signs, shall not be automatically deemed off.site Signs.
Person. Any individual, firm, partnership, corporation, or other legal
~ entity.
Political Sil:Jl. Any Sign advocating preference for political parties,
platforms, ideologies or candidates for public office.
Portable Sil!l1. Any Sign not permanently afllxed to the ground or to a
building or structure, including "A.frame" Signs.
Proiectin!: Sil:Jl. Any Sign, other than a wall Sign, which is erected or
supported by a building wall or roof and which projects outward or
upward therefrom. Any Sign under a marquee, porch, walkway covering or
similar covering structure and in place generally perpendicular to the wall
of the adjoining building shall be deemed a projecting Sign.
Real Estate Sien. Any Sign advertising the sale, rent, lease, or other
disposition of a property. This definition shall be broadly interpreted.
Roof Sign. Any Sign erected upon or over the roof or parapet of any
building, including the roof of any porch, walkway covering or similar
structure, and supported by or connected to the building or roof. Any Sign
which extends above the top level of the wall upon it is situated, or
J projects above the plane or eave of the roof shall be deemed a roof Sign. -
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Shoooinl! Center. Any combination of five or more businesses on a single
r or commonly owned or leased parcel of land where common vehicular
~ access from the street and common on-site parking facilities are provided.
SUm. Any writing, pictorial representation, symbol, inSignia, banner,
placement of lighting or any other feature of similar character of whatever
material which is used to identify, announce, direct attention to or
advertise, or which is used to decorate or illuminate for commercial
purposes, which is erected on the ground or on any bush, tree, rock, wall,
post, fence, building, structure, vehicle or in or on any place whatsoever
and which is visible from out;tde a building.
Silm Area. See definition of "Area".
Vehicle Shm. Any advertising Sign attached to or suspended from a motor
vehicle, operable or inoperable, when located or displayed such that the
primary purpose of the vehicle is the display of the Sign.
Wall Sil!n. Any Sign posted or painted on, suspended from or otherwise
aflIxed to the~-wllll of any building or structure in an essentially flat
position, or with the exposed face of the Sign in a place approximately
parallel to the front of a wall, canopy, porch or similar covering structure,
,. or any Sign permanently secured to the inside or outside of any window
approximately parallel to the glass thereof, so located to be normally
I visible from the exterior of any building shall be deemed a wall Sign.
Window Si~. See Wall Sign.
Section 4. Severability.
Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not
affect the validity of this Ordinance as a whole, or any part thereof except that
part or provision so declared invalid or unconstitutional.
Section 5. Effective Date.
This Ordinance is to take effect and be in force at the expiration of thirty
(30) days from and after its passage, and before the expiration of fifteen (15)
days after its passage, the same, or its legally required equivalent, shall be
published with the names of the members voting for and against the same at
least once in a newspaper of general circulation published in the Town of
Tiburon.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
I Town of Tiburon on March 17, 1992, by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Friedman, Kuhn &
Mayor Thayer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
/?Z /IX
. u/r~!7 or
RUF#G. TIIAYER, MAYOR
Town of Tiburon
ATIEST:
THERESE M. HENNESSY, TO
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