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HomeMy WebLinkAboutTC Ord 1967 DRAFT DRAFT OF PROPOSED SIGN ORDINANCE 6 November 1967 This is the draft of a Sign Ordinance which the Planning Commission of the City of Tiburon on 2 October 1967 recommended to the City Council for adoption. At hearings berore th8 City CQuncil on October 23rd and November 13th it was indicated that the Com:~ittee on Lands and Development would recommend that the ordinance be returned to the Planning Commission with a number of proposed a~endnents. The rcco~endations of the Committee on Lands and Developm~nt will be considered at the meeting of the City Council. of 27 Novcm~e~ 1967. At least until such time,the public hearing before the City Council con- tinues and th~ oxdinancehas not had first reading. LAliP~NCE D. ROSE City Manager ~DnJeh AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE III, CHAPTER 8 OF THE TIBURON CITY CODE BY ADDING ARTICLE III TO sAID CHAPTER, RELAT~NG~TO ADVERTISING DEVICES. .SIGNS, AND BILLBOARDS., AND ES TABLISlllNG _ COMPREHENS IVE REGULATIONS RELA TING TIlERETO. '.. - - --- The City Council of the City of Tiburon does ordain as follows: Section 1. AMENDMENT OF CODE. Title III, Chapter 8 of the Tiburon City Code is hereby amended by adding Article III thereto, which shall read as follows: Article III. SIGNS. Section 8-8. Purpose and Intent. (a) The purpose of this article is to protect the public health, safety, and general welfare of the City of Tiburon by ensuring that the number, type, size, and design of all signs in the City will be compatible with the City's unique character, and to prohibit those signs which are found to be garish, excessively brilliant, or otherwise inappropriate to the character of the City; to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to pro- tect and enhance Tiburon's unique natural setting, residential character, the picturesque nature of many of its older buildings, and the high quality of architectural design in many of its newer buildings, so as to improve the appearance of the City as a place in, which to live and to work and as an attraction to non-residents who come to visit or to trade; to protect night views in the City by providing subdued lighting and elimination of glare from co~~ercial areas; to encourage sound signing practices as an aid to business and for the information of the public, but to prevent ex- cessive and confusing sign displays and wasteful and costly competition among sign users which may result from the uncontrolled use of signs; to reduce hazards to motorists and pedestrians; and to protect and preserve the general welfare of the merchants and property owners in the City in controlling and regulating the use of signs. (b) The intent of the provisions of this article is to provide stan~ dards for the regulations of signs~ The regulations herein shall be con- sidered the minimum re~uirements for all those matters to which they refer. Section 8-9. Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section. (a) Advertising Sign.. A sign which is used or designed so that it may be used to direct'attention to a business, profession, .c~odity, ser~ vice, or entertainment conducted, sold or offered elsewhere than upon the lot wbere such sign is located. (b) 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; a sign announcing the type of trading stamp given with purchases; or other sign types which the Board of Design Review hereafter determines are similar in character and to be included within this definition. (c) Board of Design Review. The Board of Design Review of the City of Tiburon. (d) Building ~ace. The general outer surface of a main exterior wall of a building. For example, a building whose plan is rectangular has four (4) main ex~erior walls and four (4) building faces. (e) Construction Si~n. A sign located on a site where construction is underway, giving infor~a~ion concerning what is being constructed and by whom the work is being done, 11/6/67 1. (f) Development Administrator. The Director of Development of the City of Tiburon or his authorized deputy. (g) Directional Sign. A sign which gives direction to, or the loca- tion of, a point of general interest, or a public or semi-public building or in- stitution such as a school, church, library, museum, or civic center; "directional sign" shall also include a sign the purpose of which is to facilitate or control the efficient or safe movement of pedestrians or vehicles. (h) Director of Planning shall mean the Development Administrator of the City of Tiburou. (i) Erect shall mean build, erect, construct, hang, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain or display. (j) Freestanding Sign. A sign which is self-supporting, standing on the ground in a fixed location and not attached to or projecting over any build- ing or building projection. Such signs may be supported from the ground by one or more uprights, poles, or posts, with or without braces. (k) Frontage. The portion of a property parallel and adjacent to a public street. (1) Identification Sign. A sign used to identify the name of the occupant or the names and/or type of business located on the premises where such sign is displayed. (m) Information Sign. A sign used to convey information concerning the property upon which the sign is placed. (n) Occupational Nameplate. A sign limited to name, occupation and hours of business. (0) One foot lambert equals brightness equivalent to one lumen per square foot is equal to a square foot reflected from a surfaoe. One lumea per square foot is equal to a square foot illuminated evenly by one candle foot at any point. (p) Ornamental Sign. A sign devised to attract attention by reason of its design or the placing of lighting to accent landscaping, a structure, or feature of architecture. (q) Projecting 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 simi- lar covering structure and in place generally perpendicular to the wall of the adjoining building shall be deemed to be a projecting sign. (r) 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. (s) Shopping Center, Any combination of five (5) or more separately owned or operated businesses on a single or commonly owned or leased parcel of land where common vehicular access from the street and common parking facilities are provided. (t) Sign. Any writing, pictorial representation, symbol, insignia, banner, placement of exterior ornamental lighting, or any other figure of similar character of whatever.material which is used to identify, announce, direct atten- tion to or advertise, which is erected on the ground or on any bush, tree, rock wall, post, fence, buildings, structure, vehicle or in or on any place whatsoever and which is visible from outside a building. (u) Sign. Area of. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface; should the sign have more than one surface, the sig~ a~ea shall be the aggregate area of all sign surfaces measured as above. ~f any structural element which supports a sign is designed, painted, or otherwise arrangea so as to con- tribute to the adve~tising qualities of such sign, such structural elements shall be included in the smallest rectangle:used to compute the area of the sign. 11/6/67 2. (v) Sign. Outdoor Advertising. Same as Advertising sign. (w) Temporary Sign. Any sign intended to be displayed for a short period of time only, in no event to exceed thirty (30) days. (x) Vehicle Sign. A sign attached to or suspended from a motor vehicle, except when such vehicle is regularly used as a motor vehicle in con- nection with the use or business to which the sign pertains. (y) Wall Sigg. Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building, structure or vehicle in an essen- tially flat position, or with the 8xposed face of the sign in a place approxi- mately parallel to the plane of such wall. Any sign suspended from and placed approximately parallel to the front of a canopy, porch, or similar covering struc- ture or any sign secur.zd to the inside o~ 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 to be a wall sign. (z) Window Sigg. Any sign secured to the inside or outside of any window or otherwise located within any building so as to be primarily visible from the exterior of any building through any window or door. Section 8-10~ Amninistrative Requirements. (a) Permit Required. It shall be unlawful for any person to erect any sign until a permit for the same has been issued by the Board of Design Review. A separate pe~~it shall be required for each sign. (b) Application for Pennit. Application for a sign permit shall be made in writing and filed with the Director of Planning in such form and shall include such information as the Director shall prescribe. Such information re- quired shall include, but not be limited to, the location by street and number of the proposed sign, the name and address of the property owner, lessee or person in lawful possession of the property, and a description of the proposed sign, setting forth its classification by type and purpose. The application shall be accompanied by a filing fee of five dollars ($5.00) and the written consent of the property owner, lessee, or person in lawful possession of the property. (c) Other Fees Rnd Permits Required. Upon approval of the applica- tion by the Board of Design Review, and prior to erect~pn of the sign, an erec- tion permit shall be secured and a permit fee paid to the Building Official in accordance with the Uniform Building Code. Illuminated signs shall requ~re a wiring permit as provided in the Tiburon Electrical Code. vfuenever any work for which a permit is required under the p~o- visions of this article has been commenced without the authorization of such permit, an investigation of the work shall be made before a pennit may be issued, for such work. An investigation fee of ten dollars ($10.00), in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued or not issued at any time. (d) Board of Design Review Consideration. The Director of Planning shall transmit the application, if it complied with the provisions of this article and other ordinances of the City, to the Board of Design Review, who shall in turn consider the appl'ication at its regular meeting not later than forty-five (45) days following the transmittal of the application to it. The Board shall determine whether the proposed sign confonns to all applicable ordinances and laws, including the rules and regulations as adopted by the Planning Commission, and the purpose and intent of this article as set forth in Section 8-8. After such determination, the Board may approve, disapprove, or approve with modifications such application. (e) Approval of Illuminated Signs. The approval by the Board of any illuminated sign shall not be final until sixty (60) days after installation, during which period the Board of Design Review may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the Board. The intensity of illu~inatio~ of any sign existing at the time of the adoption of this article may not be increased without the approval of the Board of Design Review and any such sign which is determined by the Board of Design Review to have excessive intensity of illumination shall be subject to the provisions herein for the removal of non-confcming signs. 11/6/67 3. (f) Appeal. Tne action of the Board of Design Review shall he final. Appeal from the action of the Board shall be as set forth in Ordinance No. 82 of the City of Tiburon. (g) Planning COtn'!1ission - Rules and Regulations. The Planning Com- mission of the City of Tiburon shall have the duty and authority to adopt and promulgate rules and regulationn, subject to the standards set forth herein, to implement and carry out the p~rpose and intent of this article. (h) In~~cU~~~, 'file Director of Planning may at any time make such inspections as may be il~cessary OL appropriate to ascertain whether any sign will comply or L: cOdplyiIl['; Hi th thi~1 article and other applicable laws. Section 8-11. C18~2.:~c:i:::.~~:ior~'~2i_3jJ:;ns_ < Signs shall D8 classified according to type and purpose, as follows: (e) Classi(ic~tion by type: 1. Freestandillg oigns. 2. Hall Sif!D.8. 3. P~ojecting signs. (b ) C1 an ::.:jJ2:.~<!:': i OlLl?.'LY.J:.1.!J~' 1. Advert~Ging signs. 2. Directional signs. 3. Identification signs. 4. Inform~tion signs. S. Ornam~nt~l signs. Section 8-14- E~ceptio~c to Permit Requirement. The follovli.ilg Di;sns l~,:;"Y he erected without a permit, provided they are not illuminated aut.!.. c,;::-.taill.no 1:c:}-3c~ivc paint 'or ~aterial; (a) Q~.':}~::~.~::.(J;~l r:.1...-;~'~l.e~'.:.) no~ exceeding..:one (1) square foot in . area, except in res~dential ::onc-:::; (b) ~ullet~_oardf" not exceeding eight (8) square feet in area, when located on the premises o~ public, religious or charitable institutions and set back at least len (10) feet from the street right-of-way; (c) Official tragf~~~t~~, or other municipal and governmental signs, legal notices, advertisements prescribed by law, or any notice posted by a governmental officer in the scope of his duties; (d) Real estate sign~, provided, however, that each sign shall not exceed one (1) in number for each parcel of property, shall not exceed two (2) square feet in area and shall pertain only to the prospective sale or lease of the premises on which displayed, and display only the name, address and telephone number of the owner, agent, or lessor of said premises; (e) Political signs or announcements, not over eighteen (18) inches by twenty-four (24) inches in size, provided that such sign shall not be posted more than thirty (30) days prior to such election or event to which it pertains and shall be removed inmediately followi~g such election or event. (f) Construction signs, not to exceed one (1) in number for such con- struction site, and not to e:~ceed thirty-two (32) square feet in area for each sign. Such signs shall not be erected prior to the commencement of construction and shall be removed befor8 d iiu&l release on the construction is given by the Building Official. 11/6/67 4. Section 8-13. Prohibited Signs. The following signs are prohibited: (a) Vehicle signs. (b) Window signs. (c) Roof signs. No sign or sign structure shall be painted or erected upon or above the roof of any building. No sign shall project above the top level of the wall upon or in front of which it is situated, or, in the case of buildings having sloping roofs, above the plane of the roof. (d) Moving signs, moving sign structures, pennants, whirligigs, re- flectors, reflective signs, moving lights, flashing lights, visible gaseous dis- charge or fluorescent tubing, and exposed incandescent lights. (e) Flags and banners intended or used for commercial purposes. (f) Outdoor advertising signs. No sign shall be erected or used for advertising purposes of any kind except such signs as shall be located on a place of business, enterprise or calling and used solely for naming, designating or identifying said business, enterprise or calling. No sign shall advertise or display the make, brand name or manufacturer's name of any product, article or service except when essential to and entirely integral with the naming, desig- nating or identifying of said business, enterprise or calling. (g) Affiliation signs. Section 8-14. Prohibited Locations. (a) No sign shall be erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, venti- lator or window. (b) No sign shall be erected in such a manner that it will, or reason- ably may be expected to, interfere with, obstruct, confuse or mislead traffic. (c) Public Right-of-Way. Except as provided herein, no sign shall be erected upon or over any public street, sidewalk, parking lot or other public way or place without a permit in writing from the City Council of the City of Tiburon. Signs three (3) feet or more in height above street grade within the public right-of-way or within thirty-five (35) feet of the projected curb line intersection at any street intersection are found to be a hazard to public safety and welfare and are hereby declared to be a public nuisance. Signs within the public right-of-way or within thirty-five (35) feet of the projected curb line intersection at any street intersection shall be removed upon due notice given by the Director of Planning and shall not be replaced. The notice to remove said sign shall cite this article as authority and shall provide that said sign shall be removed within five (5) days from the date of said notice and shall further provide that upon failure to heed the pro- visions of said notice, the subject sign shall be impounded by the City. Signs removed upon notice and subsequently returned to the public right-of-way or within thirty-five (35) feet of the curb line intersection at any street intersection shall be impounded without further notice. Signs impounded under the provisions of this article shall be re- tained without guarantee for a period of thirty. (30) days and may be reclaimed within that period by the owner of such sign upon application made at the office of the Director of Planning. Such apalication shall require proper identifica- tion and the payment of a fee of ten dollars ($10.00) to cover the cost of impounding and storage. 11/6/67 5. Signs impounded under the prov1s10ns of this article and re- maining unclaimed after the thirty (30) days provided above, may be disposed of in any manner whatsoever at the discretion of the City. (d) Landscaped Highway. No sign shall be erected on any property adjacent to a section of landscaped highway in such a way as to be viewed by persons traveling on such highway, except when such sign is used exclusively: 1. To advertise the sale or lease of the property upon which the sign is situated; or 2. To designate the name of the owner or occupant of the premises upon which the sign is situated, or to identify such premises. Any sign which is now or hereafter shall be in violation of this section shall be removed within one (1) year from the date when the adjacent highway section shall have been landscaped, or the effective date of this article, whichever occurs later. Section 8-15. Regulations. Except as otherwise specifically provided herein, the following re- gulations shall apply to the erection of each sign within the City. (a) Building Code Applicable. The Tiburon Building Code shall apply to the construction of signs. All signs shall be able to resist the applicable wind loads set forth in the Building Code. All signs having internal illumina- tion shall be designed to be fire resistant. Signs and sign structures shall be maintained at all times in a state of good repair and finish, with all braces, bolts, and structural parts and supporting frames and fastenings free from de- terioration, rot, rust and loosening. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is .sagging, leaning, fallen, decayed, deteriorated or otherwise dilapidated or unsafe. (b) Abandoned Signs. No person shall maintain or permit to be main- tained on any premises owned or cvntrolled by him any sign which has been abandoned. Any sign located on property which becomes vacant and unoccupied for a period of three (3) months or more, and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been aban- doned and shall be removed. An existing sign refinished for a use other than the original use shall be removed. An existing sign refinished for a use other than the original use shall be considered to be a new sign. (c) Illuminated Signs. Illuminated signs having internal or ex- terior lighting shall not have any lighting filament or tubing visible from the front of the sign or from beyond the property line. Section 8-16. Nonconforming Signs. (a) Except as otherwise provided in this section or by law, 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, for the periods following the effective date of this article, as follows: 1. Signs painted on buildings, walls or fences - two (2) years. 2. All other signs - three (3) years. At the expiration of such periods, such nonconforming signs shall immediately be removed, discontinued and abated, or changed so as to conform with the re- quirements of this article. (b) Record of Nonconforming Signs. Within one (1) year of the effec- tive date hereof the Director of Planning shall compile a list of signs which as of said date do not conform to the provisions of this article and file the same in his office. Within six (6) months after said filing the Director of Planning shall cause to be m~iled to the owners of property. on_which nonconform~ ing signs are located, notice of the existence of such nonconforming signs and 11/6/67 6. the time within which the same must be made to conform or abated. For purposes of such notification, the last known name and address of the owner of the pro- perty in question shall be used as sho~m upon the records of the County or the last equalized assessnlent roll of the City. Notification to such owner of the property shall be deenied to be notification to the owner of the sign in question. The mailing of such notice sball be done primarily as a convenience to the owner, and the failure to give su~h notice or the failure of the owner to receive the same shall in no way impair the eff8ctiveness of the provisions of this section or the validity of any proceedings te.ken for the abatement of any such sign. (c) Signs Hereafter R€.:.!~~e:cc-:d il1onconforming. Any sign which becomes nonconforming subsequent to the ~ffective date of this article, either by reason of the annexation to the City or the territory upon which the sign is located, or the amendment of t}lis article to render such sign noncomplying, or otherwise, shall likewise be sul>j,,~ci.: to the provisions herein. TIle period within which such sign must be abated as proviGcd in Section 8-l6(a) above shall commence to run upon the effective uate of s1..:ch anr..exation, or of such amendment, or the date upon which the sign other\iise becomes nonconforming. (d) Abatem,~i1t. Nonconforming signs shall either be made to cpnform with the provisions of this article or abated within the applicable period of time hereinabove set forth. In the event they are not, the Director of Planning shall order the same abated by the owne:: of the property and any other person kno'~ to be responsible for the naintcnance of the sign. It shall thereafter be unlawful for any such person to l~aintain or suffer to be maintained any noncon- forming sign on any propet'ty o\~ed or controlled by him. Unless some other mode of abatement is approved by the Directo~ in writing, removal of nonconforming signs shall be accomplished in the ~ol1owing manner: 1. Signs painted on buildings, walls, or fences: by removal of the paint constituting t~e sign or by permanently painting over it in an approved color in such a #ay that the sign shall not thereafter be or become visible. 2. Other signs: by removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued, by modifica- tion, alteration, or" replacement thereof in conformity ~Jith the provisions of this article. (e) Modification of Nonconforming Signs. No nonconforming sign shall be in any manner altered, reconstructed or moved without being made to comply in all respects "ith the provisions of this article; pr.ovided, however, that nothing herein shall prohibit the normal maintenanCE: or repair of any nonconforming sign nor the painting or repainting of the face thereof until it shall be removed or made conforming as provided herein. Section 8-17. Enforcement~ (a) Public Nuisance Declared. Any violation of the prOV1S10ns of this article is hereby declared to be a public nuisance, and the City Attorney, on direction of the City Council, ~hall institute necessary legal proceedings for \the:;~b~:t!,?ll),e.nt or enjoyment thereof in the manner provided by law and shall take such other steps as may bE: necessary to accomplish those ends. (b) Violations Declared ~~sdemeanor. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00), or imprisonment for a period not to exceed thirty (30) days, or by both Raid fine and impriFonment. Section 2. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of com- petent jurisdiction, such decision shall not affect the validity of the remaining por- tions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. 7. Section 3. EFFECTIVE DATE. This ordinance is to take effect and be in force thirty (30) days from and after the date of passage, and before the expiration of fifteen (15) days after its passage, the same 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 City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on , 1967, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: ATTEST: LAWRENCE D. ROSE, City Clerk 11/6/67 8.