HomeMy WebLinkAboutTC Ord 1970-03-19
AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF MARIN
CITY OF TIBURON
)
)
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ss
PHIL V. SCOTT, being first duly sworn deposes and says:
That at all times herein me'ntioned he was and now is the DEVELOPMENT
ADMINISTRATOR of the City of Tiburon, California; that pursuant to
Section jf'.'3 of the Government Code, of the State of California,
he posted at three public places within the City of Tiburon to wit:
the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd.
and Tiburon Fir~ Deparement, Trestle Glen Blvd. and.paradis~Drive.
---'/J?,J ,.... · e.. ... 4- r AI. t. ",.reo,.. III,. , tI6. .. ~..
a copy of which is
hereinafter set forth in the form attached hereto.
City
was posted on the aforementioned places in the
Ciay of ,k. ,..J.. , 19~.
~f 4f.~...
Development Administrator
of the City of Tiburon
Subscribed and sworn to before me, a
City Clerk in and for said County and
State. ~~~ day of
197~
~~,
ORDINANCE NO. ~ N.S.
AN ORDINANCE OF THE CITY OF TIBURON REPEALING CHAPTER 8 OF
TITLE III OF THE TIBURON CITY CODE, RENUMBERING CHAPTER 7A
TO CHAPTER 8, AND ADDING CHAPTER l6A TO ARTICLE IV, RELATING
TO SIGNS, HANDBILLS, AND LIGHTING, AND ESTABLISHING COMPRE-
HENSIVE REGULATIONS RELATING THERETO.
The City Council of the City of Tiburon does hereby ordain as follows:
Sec tion 1. AMENDMENT OF CODE
The Tiburon City Code is hereby amended as follows:
a. Chapter 8 of Title III is deleted entirely.
b. Chapter 7A of Title II is renumbered to Chapter 8.
c. Chapter l6A is added to Title IV and shall read as follows:
CHA PTER l6A
SIGNS, HANDBILLS, AND EXTERIOR LIGHTING
Article I. Signs and Exterior Lighting
See tion l6A-l.
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;
in accord with its adopted plans, 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 invest~
ment in buildings and open spaces; to protect and enhance Tiburon's unique natural
setting, residential character, the picturesque nature of many of its older build-
ings, 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 of the City by providing subdued lighting and elimination of glare from
commercial areas; to encourage sound signing practices as an aid to business and
for the information of the public, but to prevent excessive and confusing sign dis-
plays 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 standards for
the regulations of signs.
(c) It is not intended to discourage creative design by the provisions of
this article; therefore, a variance from the standard regulations herein set forth
may be approved as set forth in Section l6A-lO hereof.
Section 16A-2. Definitions
The following words and phrases, whenever used in this article, shall be
construed as defined in this;-section. Words and phrases not found in this section
shall be construed as defined in Webster's Seventh Collegiate Dictionary.
(a) Advertisin2 Si2n. A sign which is used or designed so that it may be
used to direct attention to a business, profession, commodity, service, or enter-
tainment.
(b) Affiliation Si2n. 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 sign types which the
Board of Design Review hereafter determines are similar in character and to be
included within this definition.
(c) Board of Desi2n Review. The Board of Design Review of the City of
Tiburon.
Draft Date:
Revised:
1/14170
2/9/70
Page 1
Sec. l6A-l
Sec. l6A- 2 (a) 1::bru (c)
(d) Building Face. The general outer surface of a main exterior wall of a
building. For example) a building whose plan is rectangular has four (4) main
exterior walls and four (lJ) building faces.
(e) Construction Sign. A sign located on a site where construction is
under way, giving information concerning what is being constructed and by whom the
work is being done.
(f) Development Administrator. The Development Administrator of the City
of Tiburon or his authorized deputy.
(g) Directional Sign. A'sign which gives direction to, or the location of)
a point of general interest, or a public or semi-public building or institution such
as a school) church, library, museum) or civic center; "directional sign" shall also
include a sign the purpose of which is to facilitiate or control the efficient or
safe mOVement of pedestrians or vehicles. It is the intention of the City of Tiburon
to develop some uniformity of design) size, materials and placement of directi~nal
signs.
(h) Erect shall mean build, erect, construct, hang) place, relocate) enlarge,
substantially alter) attach) suspend) paint) post) maintain or display.
(i) Freestanding Sign. A sign which is self-supporting, 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.
(j) Frontage. The portion of a property parallel and adjacent to a public
street.
(k) 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 display~d.
(1) Information Sign. A sign used to convey information concerning the prop;
erty upon which the sign is placed.
(m) Occupational Nameplate. A sign limited to name, occupation and hours of
business.
(n) One foot lambert equals brightness equivalent to one lumen per square
foot reflected from a surface. One lumen per square foot is equal to a square foot
illuminated evenly by one foot candle at any point.
(0) Permanent Sign. Any sign for which a sign permit is approved and issued
with no time limit in accordance with the provisions of this article.
(p) Political Sign. Any sign advocating preference for political parties,
platforms, ideologies, and/or candidates for public office.
(q) Proiecting 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 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 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 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 outside a building.
Draft Date: .1/14/70
Revised: 2/9/70
Page 2
". . " (.--
Sec.""16A-:tCd5 thru (t)
(u) Sign. Area of. The area in square feet of the smallest rectangle enclos-
ing the total exterior surface of a sign having but one exposed exterior surface;
should the sign have more than one surface, the sign area shall be the aggregate area
of all sign surfaces measured as above, except ,that strictly two-faced signs (surfaces
back-to-back) shall be considered to have only one face. If any structural element
which supports a sign is designed, painted, or otherwise arranged so as to substan-
tially contribute to the advertising qualities of such sign, such structural elements
shall be included in the sffi3llest rectangle used to compute the area of the sign.
(v) Temporarv Sign. Any sign for which a sign permit is approved and issued
in accordance with the provisions of this chapter with a time limit. All regulations
of signs shall apply to temporary signs as well as to permanent signs except as other-
wise specified herein. Unless specified otherwise, in the approval thereof all signs
of a temporary nature shall be limited to a three-month period.
(w) Vehic~e Si~~. A sign attached to or suspended from a motor vehicle.
(x) Wall Sign. Any sign posted or painted on, suspended from or otherwise
affixed to the wall or any building, or structure in an essentially flat position,
or with the exposed face of the sign in a place approximately 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 structure or any sign permanent~y
secured to the inside or outDide of any window approximately parallel to the glass
thereof, so located to be nor~ally visible from the exterior of any bui~ing shall
be deemed to be a w~ll sign,
(y) Window Sig~. Any Dign secured to the inside or outside of any window or
otherwise located within any building in a manner not related to a window display as
to be primarily visible from the ~xterior of any building through any window or door.
Section 16A-3. Ad~inistr3fjve Requirements.
(a) Pe~it Required. It shall be unlawful for any person, firm or corporatioq,
directly or indirectly to install, erect, move, alter, replace, repair, suspend or,: .
attach any sign, or do any structural work in connection therewith within the limits
of Tiburon without first securing a permit therefor from the Development Administrator
as provided in this chapter. :
0>) Sign Postin~ in Public Place. It shall be unlawful for any person, firm
or corporation, except a public officer or employee in performance of a public duty,
to paste, print, nail, tack, or otherwise fasten any card, banner, handbill, sign,
poster, or advertisement or notice of any kind, except construction warning signs,
or cause the same to be done on any curbstone, lamp post, utility pole, hydrant,
bridge, wall, fence or tree upon any public sidewalk, street, alley, or other pub-
lic property, except as may be required by ordinance or law, without first obtain-
ing a permit from the City Council.
(c) Appli~1..~ion ::or Permit. Application for a sign permit shall be made
in writing and filed with the Development Administrator and shall set forth in
detail by the use of diagrams, drawings, plans or written description the proposed
method of compliance. Said diagrams, drawings, plans or written description shall
describe all of the electrical and other work which is to be installed as a part
of the sign; include plan, elevations and sections of the sign drawn to scale;
and shall show the precise location of said sign on the building or structure
for a mounted sign and for ground signs the precise location with respect to
street and to building face. Before a permit may be issued the application shall
be reviewed by the Board of Design Review for approval as to design location and
other relevant factors. 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.
(d) Other Fees and Permits Required. Upon approval of the application
by the Board of Design Review, and prior to erection of the sign, an erection
permit shall be secured and a permit fee paid to the Building Official in accord-
ance with the Uniform Building Code. Illuminated signs shall require a wiring
permit as provided in the Tiburon Electrical Code.
Whenever any work for which a permit is required under the provisions of
this article has been commended without the authorization of such permit, an in-
v.estigation of the work shall be made before a permit may be issued for such work.
An investigation fee of ten collars ($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.
uraJ:t uate:
Revised:
1/14/7U
2/9/70
Pa ge 3
Sec. 16A-2 (u) thru (y)
Sec. 16A-3(a thru (d)
(e) Board of Design Review Consideration. The Development Administrator
shall transmit the application, when properly compleced and accompanied by the
required plans and diagrams, to the Board of Design Review, who shall in turn
consider the application at its regular meeting not later than forty-five (45)
days following the transmittal of the application to it. The Board shall deter-
mine whether the proposed sign conforms to all applicable ordinances and laws,
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 modifi-
cations such application.
(f) Permit Displav and Records. A copy and record of each sign permit
issued, and the permit number, shall be kept on file with the City, and the
applicant shall exhibit the permit in a prominent place at all times.
<g) Compliance Required - Invalid Permits. The issuance or granting
of a permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this chapter. No permit presuming to
give authority to violate or cancel the provisions of this chapter shall be
valid, except insofar as the work or use which it authorizes is lawful.
(h) Appeal. The action of the Board of Design Review shall be final.
Appeal from the action of the Board shall be as set forth in the Zoning Ordinance
of the City of Tiburon.
(1) Inspections. The Development Administrator may at any time make
such inspections as may be necessary or appropriate to ascertain whether any
sign will comply or is complying with this article and other applicable laws.
Section l6A-4. Begulations and Permit Reauirements
Except as otherwive specifically provided herein, the following regula-
tions 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 illumi-
nation 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
deterioration, rot, rust and loosening. No person shall maintain or permit to
be maintained on an~ premises o\VIled or controlled by him any sign which is sag-
ging, leaning, fallen, decayed, deteriorated or otherwise dilapidated or unsafe.
Such hazardous signs shall be abated as set forth in Section 203 of the Uniform
Building Code and such other law as may be applicable.
(b) Painting. The owner of any sign as defined and regulated by this
chapter shall be required to have properly painted at least once every two years
all parts and supports of the said sign, unless the same are galvanized, enameled
or otherwise treated to prevent rust.
(c) Abandoned Signs. No person shall maintain or permit to be maintained
on any premises owned or controlled by him any sign which has been abandoned.
Any sign which pertains to a time, event or purpose which no longer exists shall
be presumed to have been abandoned. An existing sign refinished for a use other
than the original use shall be considered to be a new sign and is subject as
such to the provisions of this Ordinance.
Draft Ia te :
Revised:
1/14/70
2/9/70
Page 4
Sec. 16A-3 (e) thru (i)
Sec. 16A-4 (a) thru (c)
(d) Illuminated Signs and/or Exterior Lighting. Illuminated signs having
internal or exterior lighting and/or other exterior lighting shall not have any
lighting filament to tubing visible from the front of the sign or from beyond the
property line.
1. Intensitv. The intensity of illumination 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 nonconforming signs.
The overall visual intensity of an illuminated sign and/or exterior light-
ing of a size and/or type otherwise permitted shall be considered to result from
the following two factors: .
a. The brightness of the white or light colored parts of the sign
or area lighted as measured in foot lamberts.
b. The percentage of the sign area or area lighted which is white
or light in color, as defined herein.
2. Illuminated signs and/or exterior lighting in the City of Tiburon,
except in residential zon2S or except as determined by the Board of Design
Review to be used exclusively for safety purposes, shall not exceed the maximums
as set forth in the following table:
Percent ~fuite or Light
Maximum Foot-Lamberts
Up to 20
Up to 50
Up to 100
100
50
30
White or light colors are defined as areas or materials with a reflec-
tivity of over fifty (50) percent or which transmit more than fifty (50) percent
of the light.
3. Within 60 days after erection of an illuminated sign and/or exterior
lighting, other than in residential zones, the Board of Design Review may require
alteration of the intensity or method of illumination, notwithstanding paragraph
2 above, if in its opinion the sign is producing excessive glare, light spillage,
or otherwise garish and not in keGping with the environment of the neighborhood.
(e) Design Review. The Board of Design Review shall have the authority to
approve or disapprove any application for a sign permit in accordance with the
following guide lines:
1. To the greatest possible extent, design of signs shall be architectur-
ally a part of the design of any building, rather than a feature independent of
and in conflict with the design of any building.
2. The approval of any sign shall include approval of the color and
material of any wall on ,.hich a sign is painted or to which said sign is attached
and the Board of Design Review shall have the authority to approve, disapprove,
or approve with modificationo the material or color of any wall on which a sign
is painted or to which a sign is attached.
3. The Board of Design P~view in accordance with the purpose and
intent of this Article shall have the authority to disapprove, or approve with
modifications, any sign which in its opinion is garish, excessively brilliant,
or otherwise inappropriate to the character or plans of the City of Tiburon.
1/14/70
2/9/70
2/26/70
Fa ge 5
Sec. l6A-4(d) thru (e)
Draft lhte:
Revised:
Revised:
tf) Setback and Proiection.
1. Setbacks. Every free-standing sign shall be wholly on the prop-
erty occupied by the use or uses identified or advertised and not within ten (10)
feet of any public right-of-way.
2. Wall signs projecting over the property line including the light
box or other part thereof shall not exceed a thickness of twelve (12) inches.
3. Projecting signs shall not project over four (4) feet from any
wall surface.
4. No projecting sign shall extend 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 eave of the roof.
5. In general, sisns shall not project over the public right-of-way,
except when the Board of Design Review finds that such sign complements the
architecture of the building served.
(g) Area and N'Jmber.
1. Projecting signs shall not exceed sixteen (16) square feet in area.
2. The aggregate area of all signs for any building shall not exceed
one (1) square foot for each four (4) linear feet of frontage of said building,
provided, however, that no single sign shail exceed forty-eight (48) square feet
in area.
3. Number. TIlere may be only one sign for each place of business in
each building, provided, however, that a business which has customer access from
two (2) building faces may have a second identifying sign on the second face. No
building shall be deemed to have more than four (4) building faces.
4. In addition to the number of signs permitte~ above, one additional
identification sign may be permitted for a Shopping Center. The area shall not
exceed one hundred (100) square feet.
5. MUlti-sided signs constructed with faces at any angle shall be
counted as one (1) sign per face, both as to number and area. Other signs con-
structed in the form of a cylinder, sphere or similar figure, shall be considered
as one sign and the total surface area shall be computed as sign area. It is
intended that strictly two-sided signs (back-to-back) be considered as a single
sign and only one face be used in determination of sign area.
tSJ Heip:ht.
1. Free-standing sign. Total height including structure shall not
exceed twelve (12) fe~t.
2. Projecting or wall sign. No part of any sign shall extend above
the top level of the wall upon or in front of which it is situated. Any such
sign which is suspended or projects over any public or private walkway or walk
area shall have an overhead clearance of at least eight (8) feet.
(i-) Temoorary Window Signs.
1. Display of temporary window signs, not fastened directly to win-
dows, may be approved upon submission of an overall general scheme for such display.
2. Submission shall include details for displaying signs, maximum
number and size of signs, maximum size of lettering, and color ranges for back-
ground, lettering, and other visual information.
3. Total area of signs shall be regulated by Section 16A-4(g).
(1) Political Signs. The Development Administrator may grant a permit for
one or several political signs pertaining to a valid election held within the
City of Tiburon if the following conditions are met, in addition to other appli-
cable requirements of this ordinance:
Draft Date:
Revised:
Revised:
1/14/70
2/9/70
2/26/70
Page 6
Sec. 16A-4 (f' thru (jl)
1. Each sign shall not exceed eight (8) square feet in area.
2. Each sign shall be erected no sooner than sixty (60) days before
and shall be removed within seven (7) days following such election.
3. If the sign is erected on unimproved property, the applicant shall
file written approval of the property owner and a deposit of five dollars ($5.00)
for each sign, to be refunded upon removal of the sign.
(k) Compliance with regulations of the California Public Utilities Commission.
Notwithstanding any other provision of this ordinance, no sign shall be constructed,
erected, installed, or maintained in any manner that conflicts with any rule, regu-
lation, or order of the California Public Utilities Commission pertaining to the
construction, operation and maintenance of public utilities.
Section 16A-5. ExcePtions to Permit Requirements.
The following signs are not to be included in. the measurement of the total
allowable area and may be erected without a permit, provided they are not illumi-
nated and contain no reflective paint or material:
(a) Nameplates, not exceeding one (1) square foot in area;
(b) Identification Signs, not exceeding one (1) square foot in area;
(c) Bulletin Boards, containing public or institutional information, not
exceeding eight (8) square feet in area, when on the premises of public, religious,
charitable institutions or locations available to the public (such as shopping
centers) and set back at least ten (10) feet from the street right-of-way;
(d) Official Traffic Signs, or other municipal governmental signs, legal
notices, advertisements prescribed by law, signs indicating the location of
buried utility lines or any notice posted by a governmental officer in the scope
of his duties;
(e) Real Estate Signs. provided, however, that each parcel shall have no
more than one sign, shall not exceed three (3) square feet in area and shall per-
tain only to the prospective sale or lease of the premises on which displayed,
and may display the name, address and telephone number of the owner, agent, or
lessor of said premises;
(f) Political Signs, on improved residential property if placed there
by the owner or tenant, provided that no one sign exceeds eeightsquare feet in
area.
(g) Construction Signs, not to exceed one (1) in number for such con-
struction site, and not to exceed thirty-two (32) square feet in commercial
zones nor six (6) square feet in other zones. Such signs shall not be erected
prior to the commencement of construction and shall be removed before a final
release on the construction is given by the Building Official.
(h) Affiliation Signs, not more than three (3) square feet in aggregate
area may be erected without the regular permit process.
(1) Street Address Signs, of a reasonable size, notwithstanding anything
in this section, may be illuminated and may contain reflective paint or material.
Section 16A-6. Prohibited Signs.
The following signs are prohibited:
(a) Vehicle Signs, when located or displayed in such a manner that the
sole purpose of the vehicle is the display of the sign.
(b) 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.
(c) Mbving Signs, moving sign structures, pennants, whirligigs, reflec-
tors, reflective signs, moving lights, flashing lights, visible gaseous dis=
charge (such as neon) or visible fluorescent tubing.
Draft Date:
Revised:
1/14/70
2/9/70
Page 7
Sec. 16A.;.4 (j) and (It)
Sec. l6A- 5 (a) thru (h)
See. l6A-6 (~) . thru (c)
(d) Flags and banners intended or used for commercial purposes.
(e) 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, designating or identifying of
said business, enterprise or calling.
(f) Temporarv Window Signs, when directly fastened to any window.
Section. 16A-7. 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 reasonably
may be expected to, interefere with, obstruct, confuse or mislead traffic.
(c) Public Right-of-Wav. Except as provided below, 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 within the public right-of-way or within twenty (20) feet of the
intersection of the curb lines at any street intersection are found to be a pub-
lic ha~ard to public safety and welfare and are hereby declared to be a public
nuisance and shall be removed upon due notice given by the Development Admini-
strator.
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 provisions
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 twenty (20) 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 retained
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 Development Administrator. Such application shall require proper identi-
fication and the payment of a fee of ten dollars ($10.00) to cover the cost of
impounding and storage.
Signs impounded under the provisions of this article and remaining unclaimed
after thirty (30) days provided above, may be disposed of in any manner whatsoever
at the discretion of the City.
(d) Landscaoed 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 travel-
ing 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;
3. To identify a neighborhood.
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.
Draft Date: 1/14/70
Page 8
Sec. 16A-6(d) thru (f)
Sec. 16A-7
Section 16A-8. Nonconforming Signs.
(a)- Except as otherwise provided in this section or by law, all noncon-
forming signs lawfully existing as of the effective date of this chapter may be
continued in use, without expansion, alteration or other substantial change, for
a period of two (2) years following the effective date of this article.
At the expiration of such period, such nonconforming signs shall
immediately be removed, discontinued and abated, or changed so as to conform with
the requirements of this article.
(b) Record of Nonconforming Signs. Within six (6) months of the effec-
tive date hereof, the Development Administrator 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. The Development Administrator shall cause to be mailed
to the owners of property on which nonconforming signs are located, notice of the
existence of such nonconforming signs and 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 property in question shall be used as shown
upon the records of the County or the last equalized assessment roll of the City.
NOtification to such owner of the property shall be deemed to be notification to
the owner of the sign in question. The mailing of such notice shall be done
primarily as a convenience to the owner, and the failure to give such notice or
of the owner to receive the same shall in no way impair the effectiveness of the
provisions of this section or the validity of any proceedings taken for the abate-
ment of any such sign.
(c) Signs Hereafter Rendered Nonconforming. Any sign which becomes
nonconforming subsequent to the effective date of this article, either by reason
of the annexation to the City of the territory upon which the sign is located,
or the amendment of this article to render such sign noncomplying or otherwise,
shall likewise be subject to the provisions herein. The period within which. such
sign must be abated as provided in Section l6A-8 (a) shall commence to run upon
the effective date of such annexation, or of such amendment, or the date upon
which the sign otherwise becomes nonconforming.
(d) Abatement. Nonconforming signs shall either be made to conform with
the provisions of this article or abated within the applicable period of time
hereinabove set forth. In the event they are not, the Development Administrator
shall order the same abated by the owner of the property and any other person
known to be responsible for the maintenance of the sign. It shall thereafter be
unlawful for any such person to maintain or suffer to be maintained any noncon-
forming sign on any property owned or controlled by him. Unless some other mode
of abatement is approved by the Development Administrator in writing, removal
of nonconforming signs shall be accomplished in the following manner:
1. Signs painted on buildings, walls or fences: by removal of the
paint constituting the sign or by permanently painting over it in a color approved
by the Board of Design Review in such a way 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 modification,
alteration, or replacement thereof in conformity with 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 with the provisions of this article; provided, 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.
Draft Date:
Revised:
1/14/70
2/26/70
Page 9
Sec. 16A-B (a) thru (el
Section 16A-9. Variances.
(a) The Board of Design Review may grant a variance in accordance with the
procedure specified herein and authorize a specific exception to any regulation
of this article other than those found in Sections 16A-6(c), 16A-6(e) and 16A-7(d).
(b) The Board of Design Review may grant a variance if it finds that strict
adherence to a regulation may cause unnecessary hardship or prohibit the exercise
of creative design, and that all of the following exists:
1. Exceptional or extraordinary circumstances or conditions, not
resulting from any act of the o,voer or applicant, apply to the location under con-
sideration and not generally to other businesses or properties in the vicinity.
2. The application submitted is extraordinary and outstanding in design.
3. The exception is the minimum necessary to serve its intended use.
4. The exception is not inconsistent with the purpose and intent of
this article.
(c) Application. The application for variance from the provisions of this
article shall be filed with the Development Administrator on a form furnished by
said Administrator, accompanied by such plans and sketches as required to properly
set forth the exception required and a firing fee of ten dollars ($10.00). Such
fee shall be in addition to any other fee hereinbefore required.
(d) Procedure.
1. Within forty-five (45) days after the filing of an application
for variance with the Development Administrator, the Board of Design Review shall
hold a public hearing on the application at a regular or special meeting of the
Board of Design Review. Failure of the Board of Design Review to make a decision
on an application within thirty (30) days after the hearing shall constitute a
denial of the application and the Development Administrator shall certify such
denial.
2. The Board of Design Review may require such terms or conditions
to the granting of a variance as it may deem necessary. Noncompliance with these
terms or conditions shall be a cause of revocation of such variance. Revisions -to
the terms or conditions of a granted variance shall require a new application.
3. The variance shall become effective and be issued fifteen (15)
days after the date the Board of Design Review granted the variance, unless an
appeal has been filed, in which case the variance shall not be issued until the
granting of the variance is affirmed on appeal.
4. Appeals shall be taken according to the procedure as set forth in
Section 20 of Ordinance No.9 N.S., the Zoning Ordinance of the City of Tiburon.
Section 16A-IO. Enforcement.
(a) Public Nuisance Declared. Any violation of the provisions of this
article is hereby declared to be a public nuisance, and the City Attorney, on
direction of the City Council, shall institute necessary legal proceedings for
the abatement or enjoinment thereof in the manner provided by law and shall take
such steps as may be necessary to accomplish those ends.
(b) Unsafe. Unlawful Si2ns. Should any sign or other advertising structure
regulated herein become unsafe, insecure, a menace to the public, or should it be
constructed, erected or maintained in violation of this chapter, or should the same
no longer advertise a bona fide business conducted or a product or service sold on
the premises, or which no longer serves its purpose, the City Manager may declare
the same to be a public nuisance and direct the summary abatement thereof as pro-
vided by law.
(c) Violations Declared Misdemeanor. Any person violating any of the pro-
visions of this article shall be deemed guilty of a misdemeanor and upon convict-
ion thereof shall be subject to a fine of not less than twenty-five ($25.00)
dollars but not exceeding two hundred fifty dollars ($250).
Draft Date:
Revised:
1/14/70
2/9/70
Page 10
Sec. 16A-9
Sec. 16A-IO
Section
ARTICLE 1
16A-l
16A-2
16A-3
16A-4
l6A-5
16A-6
16A-7
l6A-8
16A-9
l6A-lO
ARTICLE 11
16A-11
16A-12
16A-13
16A-14
16A-1S
16A-16
TABLE OF CONTENTS
PROPOSED SIGN ORDINANCE
(Draft Date of 1/14/70
As Revised 2/9/70)
Title
Page No.
SIGNS AND EXTERIOR LIGHTING
1 - 10
Purpose and Intent
1
Definitions
1 - 3
3, 4
4 - 7
7
7, 8
8
9
10
10
64
Administrative Requirements
Regulations and Permit Requirements
Exceptions to Permit Requirements
Prohibi ted Signs
Prohibited Locations
Nonconforming Signs
Variances
Enforcement
HANDBILLS (Refer to existing TITLE III,
Chapter 8, Article II, Tiburon
Ci ty Code)
Definitions (8-2)
64, 65
Throwing, Distributing, etc. (8-3)
65
Placing on Vehicles, etc. (8-4)
65
Depositing on Vacant Property, etc. (8-5)
66
66
Depositing on Private Property, etc. (8-6)
Exemptions, etc.
(8-7 )
66