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HomeMy WebLinkAboutTC Ord 1997-03-19 ORDINANCE NO. 427 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON AMENDING PROVISIONS OF CHAPTER I6A OF THE TffiURON MUNICIPAL CODE, REGULATING SIGNS The Town Council of the Town ofTiburon does ordain as follows: SECTION I. Section 16A-3 of the Tiburon Municipal Code is hereby amended to read as follows: Section I6A-3. Sign Permit Application and Processing Applications for sign permits and a list of materials necessary to file an application may be obtained from the Planning Department. Once an application is determined by Town staff to be complete, it shall be transmitted to the Planning Director for consideration. The Planning Director shall review the application and determine whether the proposed sign conforms to application regulations and to the purpose and intent of this chapter. The Planning Director may approve, approve with modifications or conditions or deny any sign application. The Planning Director may also approve, approve with modifications or conditions or deny any application for a series of signs for a building, to be used on a rotating basis throughout the year. The Planning Director shall have the discretion to refer any application to the Board for review and action, in which case the Board shall have all of the authority and discretion of the Planning Director in acting on sign permit applications under this chapter. The Planning Director's decision may be appealed to the Board. The Board's decision, either on appeal or on the original application, may be appealed to the Town Council. The decision of the Town Council shall be final. SECTION 2. Section 16A-5 of the Tiburon Municipal Code is hereby amended to read as follows: Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 1 Section I6A-5. Sign Standards. The following standards shall be applied when reviewing applications for sign permits: (I) SIGN NUMBER A maximum of two signs for each place of business in each building may be displayed at any given time, provided that: (i) a sign whose primary function is to identifY the name of the business shall not be counted under this section; (ii) a third sign may be allowed if determined to be necessary for the reasonable visibility of the business; and (iii) a building that fronts on more than one street may be permitted two signs per side of building fronting a street. 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) shall exceed 48 square feet in area, and no projecting sign shall 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. 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) SIGN SETBACK AND PROJECTION No projecting sign shall project more than four feet from any wall surface, nor project above the top level of the wall or in any other manner such that it becomes a "roof sign" as Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 2 defined herein. Signs projecting over the public right-of-way shall require an encroachment permit from the Department of Public Works. No freestanding sign shall be located within any public right-of-way or in any location that the Town determines it would not interfere with vehicular and pedestrian circulation and safety. No wall sign projecting over a property line shall exceed a thickness of 12 inches. (5) SIGN ILLUMINATION The visual intensity of illumination shall be appropriate within the context of the size, location, and surroundings of the sign. The Town 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 L Section 16A-7 of the Tiburon Municipal Code is hereby amended to read as follows: Section I6A-7. Signs Not Requiring Permits. The following signs shall not be counted in the tabulation of sign area or number of signs, and may be erected without a permit provided that they are not illuminated and contain no reflective paint or material (see exception for street numbers): AFFIUA TION 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. 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. Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 3 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. 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 of3 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 5:00 P.M. on Sundays and 10:00 A.M. and 2:00 P.M. on Thursdays. . 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 and temporary nature, provided that (1) no more than two such signs (in addition to any other signs permitted under this Chapter) shall be displayed per business at one time; (2) No such sign or signs may be displayed for a period exceeding 30 (thirty) consecutive or non- consecutive days in any calender year, after which they shall be promptly and completely removed; and (3) no business shall display any sign or signs without a permit under this exception for a total of 3 0 (thirty) consecutive or non-consecutive days in any calender year, after which period is exhausted, the display of any sign without a permit that is not exempt under some other exception to the permit requirement shall constitute a violation of this chapter. Thus, by means of example only, if a business displays a sale sign or signs without a permit for a period of21 days beginning on January 1,1997 and subsequently, on February I, 1997, begins displaying a different sale sign or signs without a permit, the new sign or signs must be removed by February 10, 1997, and no additional signs may be displayed in reliance on this exception during that calender year or the proprietor will be in violation of this chapter. SECTION 4. Section 16A-9 of the Tiburon Municipal Code is hereby amended to read as follows: Section I6A-9. Enforcement. In general. 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. Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 4 Any person violating provisions of this chapter, or violating any conditions of a sign permit approval, shall be deemed guilty of a infraction and shall be subject to penalties pursuant to Section 36900 of the Government Code, as amended. Each and every day that any violation of this Chapter continues, is committed or is permitted shall be regarded as a new and separate offense. The remedies provided in this Section shall be cumulative and not exclusive. Any sign permit issued by the Town may be subject to review and modification or revocation for just cause under due process oflaw. Work without a permit. Whenever work has been commenced without benefit 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 signs. No person shall maintain on any premises controlled by him any sign which has been abandoned, as defined herein. Signs hazardous to the public. 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 immediately by any official of the Town to protect the public safety and welfare. Reasonable attempts to contact the sign owner shall be made following removal of the sign. Non-hazardous signs on public property. Signs located on the public right-of-way or other public property, for which required permits have not been obtained, may be removed by any official of the Town upon due notice given by the Town, or following reasonable efforts to contact the sign owner. 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. Impounded signs shall be retained without guarantee by the Town for a period of30 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. Obstructing or confusing 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. Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 5 SECTION 5. Section 16A-11 of the Tiburon Municipal Code is hereby amended to read as follows: Section I6A-I1. 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 of90 days or more or which pertains to a time, use, event, purpose, or business which no longer exists. Advertising sign. A sign which is used or designed to direct attention to a business, profession, commodity, service, or entertainment. Affiliation sign. 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 similar sign types which are determined by the Town to be included in this definition. Area (of sign). 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 Design Review Board of the Town ofTiburon or the successors thereto. Building 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 sign. A sign located on a site where construction is underway, giving information concerning what is being constructed and by whom the work is being done. 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 movement of pedestrians or vehicles. Reasonable uniformity of such signs is strongly encouraged Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 6 Erect. Build, construct, place, hang, relocate, enlarge, substantially alter, attach, affix, suspend, paint, post, maintain or display. Freestanding 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. Frontage. The portion of a building parallel and adjacent to a public street or adjacent to a publicly-traveled waterway. Height. The plumb vertical distance measured from the uppermost part of a sign to the lowest part ofa sign (or to the ground level if appropriate). Identification sign. 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. Illuminated sign. Any sign having illumination from an internal or external light source Information sign. A sign used to convey information concerning the property upon which the sign is located. Moving Sign. 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. N eon sign. Any sign containing neon or other visible discharge gas Occupational nameplate. A sign limited to name, occupation, and hours of business. OfT-site sign. 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. Planning Director. The Planning Director of the Town of Tiburon or his designee. Political sign. Any sign advocating preference for political parties, platforms, ideologies or candidates for public office. Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 7 Portable sign. Any sign not permanently affixed to the ground or to a building or structure, including, without limitation, "pedestal" and" A-frame" signs. Proj ecting sign. 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 sign. 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 projects above the plane or eave of the roof shall be deemed a roof sign. Shopping Center. Any combination offive or more businesses on a single or commonly owned or leased parcel ofland where common vehicular access from the street and common on-site parking facilities are provided. Sign. Any writing, pictorial representation, symbol, insignia, banner, placement oflighting 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 outside a building. Sign area. See definition of" Area". Vehicle sign. 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 sign. Any sign posted or painted on, suspended from or otherwise affixed to the wall 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 visible from the exterior of any building shall be deemed a wall sign. Window sign. See Wall sign. Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 8 SECTION ~ SEVERABILITY If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective ofthe fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 2. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on March 5, 1997, and was adopted at a regular meeting of the Town Council of the Town ofTiburon on March 19, 1997, which was noticed pursuant to Government Code Section 50022.3, by the following vote: AYES: COUNCILMEMBERS. Ginalski, Hennessy, Thayer, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wolf . ~ll ~ $ulftf. THERESE M. NNESSY, M R Town of Tiburon or Town Council Ordinance No. 427 N.S. Effective 4/18/97 - Page 9