Chapter 8 — COLLECTING AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS

Cities and counties must divert fifty (50%) percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities.

Diverting fifty (50%) percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This chapter has been developed to meet that need.

(§ 1, Ord. 946, eff. July 8, 1993)

The following definitions shall apply to the language contained in this chapter:

(a)

"Development project" means any of the following:

(1)

A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having two (2) or more living units, where solid waste is collected and loaded.

(2)

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

(b)

"Recycling area (areas for recycling)" means space allocated for collecting and loading of recyclable materials.

(c)

Project for which a building permit is required. "Project for which a building permit is required" is, at a minimum:

(1)

All new projects; and

(2)

Any single alteration of an existing project that increases the square footage of that project by fifty (50%) percent or more, or increases the square footage by two thousand five hundred (2,500) square feet, whichever is less.

(§ 2, Ord. 946, eff. July 8, 1993)

Any new development project for which an application for a building permit is submitted on or after September 1, 1993, shall include adequate, accessible, and convenient areas for collecting and loading

recyclable materials.

Any improvement for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

Any project for which an application for a building permit is submitted on or after September 1, 1993 for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials:

(a)

Modification to the project adds thirty (30%) percent or more to the existing floor area; or

(b)

The price of modification exceed ten (10%) percent of the then current assessed value of the subject parcel;

(c)

Retrofitting recycling areas into all existing private buildings numbering two (2) or more living units and commercial, industrial, or institutional buildings is strongly encouraged to promote full participation of the Town; the time frame for completion of this program will be December 31, 1997;

(d)

The requirement to provide adequate, accessible, and convenient areas for collecting and loading recyclable materials would also apply should the hauler's recycling methodology change to another method, e.g., co-mingled solid waste (includes recyclable materials).

(§ 3, Ord. 946, eff. July 8, 1993)

Areas for recycling shall be adequate in capacity, number, and distribution to serve the development where the project occurs.

Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development should be located with the recycling areas of development projects.

The design and construction of recycling areas shall be compatible with surrounding land uses.

Recycling areas may be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein will be posted adjacent to all points of access to the recycling areas.

Residential developers and property owners are encouraged to include recycling areas or systems with the residence; such as roll-out drawers below the sink for recycling receptacles; fireproof, cleanable, secure chutes for the living space to the space for collecting and loading recyclable materials, etc. Recommended internal storage space for individual living units of residential development projects is three (3) cubic feet.

(§ 4, Ord. 946, eff. July 8, 1993)

10-8.05 - Location.

Recycling areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.

Any recycling area(s) shall be located so they are at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to the trash collection areas.

Each recycling area within a multifamily residential development will be no greater than 250 feet from each living unit.

(§ 5, Ord. 946, eff. July 8, 1993)

Chapter 9 - SIGNS*

Sections:

Article 1. - Introduction

This chapter shall be known as the Sign Ordinance of the Town of San Anselmo.

(Ord. 1053, eff. January 12, 2007)

This chapter is adopted pursuant to California Government Code Sections 65000 et seq., 65850(b), 38774, 38775, Business and Professions Code Sections 5200 et seq. and 5490 et seq., Civil Code Section 713, and other applicable State laws.

(Ord. 1053, eff. January 12, 2007)

10-9.103 - Scope.

This chapter regulates all signs which are not regulated by Chapter 10 (10-10, Signs on Town Property) or Title 3, Chapter 5 (closing of streets temporarily). This chapter consolidates and updates all general provisions relating to the installation, regulation and amortization of signs within the defined scope, throughout the Town.

(Ord. 1053, eff. January 12, 2007)

The standards of this chapter apply to signs in all zoning districts.

(Ord. 1053, eff. January 12, 2007)

This chapter states the policy decisions regarding display of signs, made by the Town Council after carefully balancing many competing factors and interests, and after considering the recommendations made by a Citizens Advisory Committee.

(Ord. 1053, eff. January 12, 2007)

The purposes of this chapter include, but are not limited to, the following:

(a)

To preserve and enhance the aesthetic appearance and natural beauty of the Town;

(b)

To serve the public interest in safety, both pedestrian and traffic;

(c)

To promote safe construction of signs;

(d)

To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs;

(e)

To protect and enhance property values by encouraging signs which are compatible with, and complimentary to, related buildings and uses, and harmonious with their surroundings;

(f)

To enhance the visual attractiveness of the Town, for residents and visitors;

(g)

To advance the objectives of the General Plan.

(Ord. 1053, eff. January 12, 2007)

Article 2. - Basic Policies

The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this chapter and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary.

(Ord. 1053, eff. January 12, 2007)

Only signs authorized by this chapter may be built, displayed, erected or maintained within the Town. All signs are subject to a permit requirement, unless expressly exempted. Signs exempted from the permit requirement still must satisfy all applicable rules.

(Ord. 1053, eff. January 12, 2007)

Subject to the property owner's consent, a noncommercial message of any type may be substituted, in whole or in part, for any duly permitted or authorized commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. In addition, on nonresidential uses, any display area for permanent signs which is unused may be used for display of noncommercial messages on temporary signs for a maximum of ninety (90) days in any one (1) calendar year. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision: (a) does not create a right to increase the total amount of permanent signage on a parcel, lot or land use; (b) does not affect the requirement that a sign structure or mounting device be properly permitted; (c) does not allow a change in the physical structure of a sign or its mounting device; or (d) does not allow the substitution of an off-site commercial message in place of an on-site commercial message or a noncommercial message. However, simple face changes not involving off-site commercial advertising or changes to the physical structure or mounting device of the sign may be made without further permitting when the sign structure has already been permitted and is in full compliance with all applicable laws, rules and regulations.

(Ord. 1053, eff. January 12, 2007)

The Director is authorized and directed to enforce and administer the provisions of this chapter.

(Ord. 1053, eff. January 12, 2007)

Interpretations of this chapter shall be made initially by the Director, whose decision may be appealed in the same manner as any other sign-related decision. All interpretations of this chapter are to be exercised in light of the message substitution policy and the purposes and intent of this chapter. Where a particular type of sign is erected, displayed or proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Zoning Code or the Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter, in light of the policies stated in this chapter.

(Ord. 1053, eff. January 12, 2007)

Within this chapter, the distinction between on-site (or on-premise or point-of-sale) and off-site (or offpremise or non-point-of-sale) applies only to commercial speech messages.

(Ord. 1053, eff. January 12, 2007)

Billboards are prohibited. The Town completely prohibits the construction, erection or use of billboards. No permit shall be issued for any billboard which violates this policy, and the Town will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy. In adopting this provision, the Town Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Town Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by Business and Professions Code Section 5412, so long as such agreements are not contrary to State or Federal law.

(Ord. 1053, eff. January 12, 2007)

All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

(Ord. 1053, eff. January 12, 2007)

Whenever any sign permit, variance, conditional use permit, Sign Program or Special Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. Graphic design may be

evaluated only for compliance with a Uniform Sign Program, and then only as to commercial message signs.

(Ord. 1053, eff. January 12, 2007)

Wherever both residential and nonresidential uses are allowed on the same parcel, the sign-related rights and responsibilities applicable to that parcel or land use shall be determined as follows: residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process.

(Ord. 1053, eff. January 12, 2007)

As to all signs attached to real property, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this article or other law), or the ownership of sign structures. This provision does not apply to hand-held signs or other images which are aspects of personal appearance.

(Ord. 1053, eff. January 12, 2007)

No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control.

(Ord. 1053, eff. January 12, 2007)

This chapter applies only to signs whose structure or housing has not been permanently affixed to its intended premise on the date on which the ordinance or regulation is adopted. This chapter does not affect signs which were legally installed and which exist as of the date this chapter first takes effect. This provision does not legalize existing signs which were built, constructed or erected without required permits or other approvals.

(Ord. 1053, eff. January 12, 2007)

If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the Town Council

affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.

(Ord. 1053, eff. January 12, 2007)

Article 3. - Definitions

For the purposes of this chapter, the following words and phrases have the definitions stated in this section. Grammatical inflections shall be adapted to the context. For words not defined in this article, other definitions may be applied from other sources, in this order: first, from the Zoning Code (Section 103.1701); second, from any applicable definition elsewhere in the Zoning Code; third, from any applicable definition in Town law; fourth, from any applicable definition in California statutory or decisional law; fifth, from any applicable definition in any respected dictionary of the English language; and sixth, from common usage, as applied to context.

(Ord. 1053, eff. January 12, 2007)

10-9.302 - Definitions.

Defined words are listed in alphabetical order.

"Abandoned sign" means any sign which is located on a premises that has been vacated for a period of more than 180 days, or any sign which has displayed a blank face for at least 180 consecutive days.

"A-frame" means a type of portable sign with a frame in the shape of the letter A. Also within this definition are frames in the shapes of the letters T and H.

"Animated sign" means a sign with messages that visually change more frequently than once every twentyfour (24) hours, regardless of the method by which the visual change is effected. This definition does not include traditional barber poles, hand-held signs, personally attended signs, commercial mascots, scoreboards, or signs which merely display time, temperature, road conditions, weather information, news or stock market information. Animated signs include electronic message signs, sometimes called electronic readerboards. (Contrast: changeable copy sign.)

"Area (of a sign)" means the surface area of the message display portion, or communicative elements, of a sign. The method of calculation is given in Section 10-9.1001 of this chapter.

"Automated teller machines (ATMs)" means a mechanical device that allows for automated banking services to be performed.

"Awning sign" means a visually communicative element placed upon an awning.

"Billboard" means a sign for which the message display exceeds thirty-two (32) square feet and is mounted on a permanent structure, that meets any of these criteria: (1) A permanent structure sign which is used for the display of off-site commercial messages; (2) A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; (3) A permanent structure outdoor sign used as advertising for hire, e.g., on which display space is made

available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when the message on the sign qualifies as "on-site" as defined herein), for a rent or other consideration. Authorized temporary signs which display off-site commercial messages are not within this definition.

"Changeable copy sign" means a sign constructed or designed to allow for periodic changes of copy, and for which the copy is changed not more than once each twenty-four (24) hour period. Examples include signs for an auditorium, theater, church, meeting hall or similar assembly use having changing programs or events, or gas station prices, not including electronic reader board signs. (Contrast: animated sign.)

"Commercial mascot" means a person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messages.

"Construction sign" means a sign displayed on the site of a construction development project during the period of time of actual construction.

"Copy" means any letters, numerals, or symbols displayed on a sign face to convey a message to the public.

"Director" means the Planning and Building Director of the Town, or designee.

"Drive-through service sign" means a sign mounted on the premises of an establishment which provides services to customers or clients while they are in their vehicles and which is a part of such drive-through service.

"Erect and maintain" means the placing, construction, establishment, alteration, repair, location, and/or continuation of temporary and permanent signs and the parking or other placement of any vehicle or other portable object to which a sign is affixed.

"Establishment" means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code and the presence of human beings on the premises more than thirty-two (32) hours per week. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries but does not include singlefamily homes, mobile homes, residential apartments, residential care facilities, or residential condominiums.

"Exempt sign" means a sign which may be legally displayed, erected or maintained, but is not subject to a sign permit.

"Face" means that portion of a sign upon which the communicative copy or graphic image is mounted or displayed.

"Face change" means a change in color, material, copy, graphics, or visual image that requires the installation of a new or modified sign face, but which does not involve any change to an existing sign structure or mounting device. Does not include changeable image signs.

"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other

meaning.

"Freestanding sign" means a permanent sign that is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs are of two (2) types: monument and pole. However, flag poles are not within this definition.

"Garage sales" means the occasional non-business public sale of used, secondhand or homemade household goods, conducted from a residential use. Does not include any event for which a business license or an auctioneer's license is required. Includes estate, yard and moving sales events.

"General advertising" means the business of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising; also known as advertising for hire.

"Governmental sign" means any temporary or permanent sign erected and maintained by or required by the Town, County, State, or Federal government for the purpose of providing official governmental information to the general public, including but not limited to: traffic direction, Town entrance, or for designation of direction to any school, hospital, historical site, or public service, property or facility.

"Hand-held sign" means a sign which is physically held by hand, or attached to the body of, a person or animal.

"Home occupation sign" means a sign located at a residence advertising a business or profession legally conducted within the residence.

"Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. This includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes.

"Informational sign" means a sign displayed on an establishment which provides functional information to the public, such as hours of operation, credit cards accepted, restroom and telephone facilities, entrances and exits, etc.

"Menu/order board sign" means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers.

"Monument sign" means a freestanding sign constructed upon a solid-appearing base or pedestal. This definition applies to pole signs when the poles have been covered by cladding, and thus are not visible.

"Moving image sign" means a sign that displays an image that moves or appears to move more frequently than once per minute, whether such motion or apparent motion is produced by electronic, mechanical or other means. Signs that glitter, sparkle or reflect light are within this definition. This definition does not include signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remains constant.

"Name plate" means a sign that identifies the occupant and/or address.

"Noncommercial sign" means a sign, or portion of a sign, which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site.

"Non-communicative aspects" means those aspects of a sign which are not directly communicative, such as physical structure, mounting device, size and height, setback, illumination, spacing, density, scale and mass relative to other structures, etc.

"Off-site or off-premise sign" means a sign that identifies, advertises or attracts attention to a business, product, service, event or activity sold, existing or offered at a different location (subject to the qualifications stated in the definition of "On-Site Sign"). The off-site/on-site distinction applies only to commercial messages.

"On-site or on-premise sign" means any sign or portion thereof that identifies, advertises, or attracts attention to a business, product, service, event or activity sold, existing or offered upon the same property or land use as the sign. The off-site/on-site distinction applies only to commercial messages. In the case of multiple tenant commercial or industrial developments, a sign is considered "on-site" whenever it is located anywhere within the development. In the case of a duly approved sign program or special planning area, a sign anywhere within the area controlled by the program or SPA is "on-site" when placed at any location within the area controlled by the program or SPA.

"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags are not within this definition.

"Pole sign" means a freestanding sign supported by one (1) or more metal or wood posts, pipes, or other vertical supports. (Contrast: monument sign.)

"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs on wheels or skids; signs configured as A-frame or T-frame; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition (see "Commercial Mascots").

"Primary building face" means that wall of a building which contains the principal entrance or entrances to the building. If there are principal entrances in more than one (1) wall, the longest of the walls in which principal entrances are located shall be the primary building face. "Primary building face" shall include not only the wall itself but all doors, windows, or other openings therein and projections therefrom.

"Readerboard" means a type of animated sign using electronic or mechanical means to produce changing images or the appearance of motion, or both.

"Real estate sign" means any sign, temporary in nature, the copy of which concerns a proposed sale, rent, lease or exchange of real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels, motels and "bed and breakfast" facilities.

"Roofline" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

"Safety codes" means a collective term that includes codes for building, electrical, plumbing, demolition, grading, etc.

"Shopping center" means a group of stores that are planned, developed, and designed as a unit containing a minimum of four (4) retail establishments and managed as a single property, the premises of which include or are surrounded by private walkways or a private parking lot.

"Sign" means any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public, when such image is visible from any public rightof-way. "Sign" shall include any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. A display, device, or thing need not contain any lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:

(1)

Aerial signs or banners towed behind aircraft;

(2)

Automated teller machines (ATMs) when the lettering is not wider than the machine;

(3)

Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;

(4)

Art Murals as defined in Chapter 10-22 of the San Anselmo Municipal Code;

(5)

Barber poles displayed outside establishments providing hair cutting and styling services;

(6)

Fireworks, etc. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

(7)

Foundation stones and cornerstones;

(8)

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;

(9)

Historical plaques;

(10)

Holiday and cultural observance decorations on private residential property which are on display for not more than forty-five (45) calendar days per year (cumulative, per parcel or use) and which do not include commercial advertising messages;

(11)

Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located on the inside of a building and at least five (5′) feet from the window, provided the building or enclosed structure is otherwise legal;

(12)

Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

(13)

Mass transit graphics. Graphic images mounted on duly licensed mass transit vehicles that legally pass through the Town;

(14)

Merchandise on public display and presently available for purchase on-site;

(15)

Newsracks and newsstands;

(16)

Overhead signs. Graphic images which are visible only from above, such as those visible only from airplanes or helicopters, when such images are not visible from the street surface or public right-of-way;

(17)

Party jumps. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices;

(18)

Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc., (but not including commercial mascots or hand-held signs);

(19)

Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention attracting devices

for commercial or special events;

(20)

Shopping carts, golf carts, horse drawn carriages, and similar devices;

(21)

Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; this exclusion also includes foundation stones and cornerstones;

(22)

Vehicle and vessel insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

(23)

Vending machines and product dispensing devices which do not display off-site commercial messages or general advertising messages;

(24)

Window displays. The display of merchandise in a store window.

"Sign permit" means a written authorization from the Town to erect, maintain or display a sign.

"Temporary sign" means a structure or device used for the public display of visual messages or images, which is easily installed with common hand tools, or without tools, and which is not intended for or suitable for long term or permanent display, due to the lightweight or flimsy construction materials.

"Visibility triangle" means that portion of both public and private property at any corner bounded by the curb line or edge of a roadway of the intersecting streets and a line joining points on the curb or edge of the roadway fifteen (15′) feet from the point of intersection of the extended curb lines or edges of the roadway.

(Ord. 1053, eff. January 12, 2007)

(Ord. No. 1182, § 4, 10-10-2023)

Article 4. - Permits, Appeals and Sign-Related Decisions

This article applies to all authorized signs which may be erected, maintained or displayed only by permit. The internal review and appeal procedures also apply to any other sign-related decision made by the Town, including, but not limited to, removal orders, revocation of permits, orders to abate, etc.

(Ord. 1053, eff. January 12, 2007)

When any sign permit application complies fully with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules.

(Ord. 1053, eff. January 12, 2007)

Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices sent by mail are deemed effective when sent to the last known address of the addressee.

(Ord. 1053, eff. January 12, 2007)

Any person seeking a permit for a sign, for which a permit is required, shall submit to the Director a written application for such sign permit. The Director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the Town Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled. The form may call for the following information:

(a)

Name, address and telephone number of the applicant and, if applicable, the name, address, APN (Assessor's parcel number) and telephone number, as well as the license number, if any, of the sign contractor;

(b)

Address and zoning district of the property where the sign is proposed to be displayed;

(c)

Accurate, dimensioned, scaled site plan, in color, showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed signs on the site; as to existing signs, information as to whether each is permitted or exempt from permitting;

(d)

Accurate and scaled building and/or fence elevations showing existing and proposed building and fence signs, and accurate and scaled elevations showing existing and proposed signs located elsewhere on the

property;

(e)

Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area;

(f)

Written evidence of all owner's consents, such as land owner or lessor;

(g)

A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising;

(h)

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other videolike methods; use of live animals or living persons as part of the display; mannequins or statuary;

(i)

A statement as to whether the specific permitted use for which the sign is proposed to be erected or displayed, or any currently existing sign thereon associated with the specific permitted use, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;

(j)

Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed;

(k)

In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es);

(l)

The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice.

(Ord. 1053, eff. January 12, 2007)

The Director shall determine whether the application contains all the required information. If it is determined that the application is not complete, the applicant shall be so notified in person or in writing within thirty (30) days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary to render the application complete. The applicant shall then have one (1) opportunity, within thirty (30) calendar days, to submit additional information to render the application complete; failure to do so within the thirty (30) day period shall render the application void.

(Ord. 1053, eff. January 12, 2007)

No sign application will be approved if:

(a)

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed or included in the application;

(b)

There is any other existing zoning code violation located on the site of the proposed sign(s) with the same specifically permitted use (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

(c)

The sign application is substantially the same as an application previously denied, unless: (1) twelve (12) months have elapsed since the date of the last application, or (2) new evidence or proof of changed conditions is furnished in the new application;

(d)

The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.

(Ord. 1053, eff. January 12, 2007)

When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

(Ord. 1053, eff. January 12, 2007)

10-9.409 - Signs which are part of a project necessitating design review.

When design review approval is sought for a development that includes one (1) or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. Such proposals shall be decided initially by the Planning Commission.

(Ord. 1053, eff. January 12, 2007)

The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit or this chapter after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

(Ord. 1053, eff. January 12, 2007)

Any approval or permit issued in error may be summarily revoked by the Town upon written notice, to the holder, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place.

(Ord. 1053, eff. January 12, 2007)

Inspection and approval of foundations are required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc. All signs subject to permit require final inspection and approval by the Building Official.

(Ord. 1053, eff. January 12, 2007)

Each duly approved sign permit and each sign variance or other formal approval shall expire one (1) year after the date it is granted unless, prior to such expiration date, the approved sign has been erected and passed all final inspections, or is under way on such date and is thereafter diligently pursued to completion. Prior to the original expiration date of a sign permit or sign variance or other authori-zation, upon the applicant by the permittee, the permit or authorization will be extended one (1) time only for twelve (12) months from the original date of expiration.

(Ord. 1053, eff. January 12, 2007)

Challenges to or appeals of sign-related decisions other than approval or denial of a permit do not require a particular form, but must be in writing, signed by the applicant or challenger, and state the matter challenged and the grounds therefor. Such appeals shall use the same form as other zoning appeals.

(Ord. 1053, eff. January 12, 2007)

Except for signs subject to initial review by the Planning Commission, initial review of all sign permit applications shall be administrative, by the Director. Appeals go first to the Planning Commission and then to the Town Council, after which judicial review may be sought. Sign program proposals and variance applications begin their formal review at the Planning Commission level, although the Director may perform an initial review and make recommendations to the Planning Commission.

(Ord. 1053, eff. January 12, 2007)

A sign permit application may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule or regulation.

(Ord. 1053, eff. January 12, 2007)

When a sign qualifies as a "structure" under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.

(Ord. 1053, eff. January 12, 2007)

When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall state the grounds for denial.

(Ord. 1053, eff. January 12, 2007)

At each level of review or appeal, the decision shall be rendered in writing within thirty (30) calendar days from the date the application is deemed complete (or is deemed approved because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed approved; in the case of an appeal, the lower level decision shall be deemed affirmed.

(Ord. 1053, eff. January 12, 2007)

Any decision on a sign permit application, or any other sign-related decision, may be appealed by any affected person.

(Ord. 1053, eff. January 12, 2007)

The appeal right arises at the earlier of: (a) whenever a written decision is delivered to the applicant, or (b) the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. mail, whichever occurs first.

(Ord. 1053, eff. January 12, 2007)

Any affected person may appeal any sign permit or other sign-related decision to the next level of review, so long as the notice of appeal is delivered to or received by the Town within ten (10) calendar days of the subject decision (if the tenth calendar day falls on a day when Town Hall is closed, then the time period is extended until the next day that Town Hall is open). The appeal process is begun by filing a written notice of appeal with the Town Clerk within ten (10) days of the decision, particularly stating the matter appealed from, and the grounds for the appeal.

(Ord. 1053, eff. January 12, 2007)

During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.

(Ord. 1053, eff. January 12, 2007)

Following final decision by the Town Council, any appellant may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section 1094.8. Such review must be filed within thirty (30) days of notice of final decision, unless State law otherwise requires.

(Ord. 1053, eff. January 12, 2007)

Article 5. - Location, Structural and Safety Rules

The rules stated in this section regulate all signs within the scope of this chapter, as applicable, whether a permit is required or the sign is exempt from the permit requirement.

(Ord. 1053, eff. January 12, 2007)

Unless a different orientation is specifically authorized, each sign shall be located on, and parallel to, the primary building face of the building, if any, in which the use is conducted.

(Ord. 1053, eff. January 12, 2007)

No sign may be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way, by factors such as sight distance, tripping hazard, etc.

(Ord. 1053, eff. January 12, 2007)

Other than official government signs or warning signs required by law, no sign shall be placed in median strips or islands, on retaining walls, bridges, benches, traffic signals, poles or utility equipment, street lighting, or utility poles or on traffic signs or traffic sign posts or supporting structures, or on utility poles or anchor wires or guy wires. No sign may be cut, burned, marked or in any other displayed on a cliff, hillside or tree.

(Ord. 1053, eff. January 12, 2007)

No sign shall be mounted or displayed in such a manner that it blocks or impedes the normal pedestrian use of public sidewalks; a minimum of four (4′) feet sidewalk width clearance shall be maintained at all times.

(Ord. 1053, eff. January 12, 2007)

No sign may be placed, mounted, erected or installed in any manner which obstructs the use of any door, window or fire escape.

(Ord. 1053, eff. January 12, 2007)

No freestanding sign may be less than two (2′) feet from any other sign, building or structure.

(Ord. 1053, eff. January 12, 2007)

Signs erected or maintained at or near any street intersection may not obstruct the free and clear vision of drivers and pedestrians. Other than traffic control signals, no sign shall be installed in the visibility triangle at intersections.

(Ord. 1053, eff. January 12, 2007)

No sign may be mounted or displayed when, by reason of position, shape or color, it may be confused with authorized traffic signs or signals.

(Ord. 1053, eff. January 12, 2007)

Signs located or mounted on buildings shall not extend any higher than the lowest of any of the following:

(a)

The window sills (or bottom of the window line) of the floor above that on which the lowest portion of the sign is located, unless a sign extending higher would not impair the function of, or view from, the windows, and would not be incompatible with the facade details;

(b)

The top of the wall to which the sign is attached;

(c)

Twenty (20′) feet above finished grade, except for second or third floor use signs which are otherwise authorized by this chapter;

(d)

Freestanding signs may be permitted only under the variance procedure; in the case of freestanding signs, the variance procedure is limited as follows: no freestanding sign extend to an elevation higher than eleven (11′) feet above the level of the street which is nearest to the sign location.

(Ord. 1053, eff. January 12, 2007)

No sign shall flash, blink, or emit a varying intensity of light or color, or make or emit any sound, or emit smoke or vapors.

(Ord. 1053, eff. January 12, 2007)

Light sources shall be concealed or shielded to prevent or minimize light spillage, glare, momentary blindness, or other annoyance, disability or discomfort to persons within the view of such light sources.

(Ord. 1053, eff. January 12, 2007)

Signs using exposed light sources, such as neon tubing, unshielded light bulbs or fluorescent tubes, or any interior lighted sign with transparent or translucent faces may receive final approval only when the Planning Commission finds that the light from the sign does not cause unreasonable glare or annoyance to passersby or neighbors. A permit to construct such a sign may be issued conditionally, and is not final until the Commission makes the necessary finding. Such finding may be made only at a duly noticed public hearing at which evidence is taken and a written decision is issued. The Planning Commission's inquiry shall not include consideration of the message content of the sign, and shall be restricted to the physical

method of presentation of the message. Exterior lighting shall be designed to eliminate off-site spread of light through the use of hooded, low-level, low wattage light fixtures, which cast light in downward direction. Such lighting is permitted primarily for safety and security purposes, and must be unobtrusive and maintain privacy.

(Ord. 1053, eff. January 12, 2007)

(a)

All permanent signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes and all other applicable governmental enactments, rules, regulations, or policies.

(b)

The following physical types of signs are prohibited, unless expressly allowed by another provision of this chapter:

(1)

Signs using luminous, day-glow, fluorescent colors or materials, or reflective surfaces;

(2)

To the extent not regulated by Section 3-5.1302 of this Code, banners, streamers and pennants; however, such devices may be displayed for a maximum of ten (10) consecutive calendar days during the operation of a temporary fair, carnival, circus, or athletic event;

(3)

Billboards;

(4)

Animated signs, moving image signs, readerboards and changeable image signs, except as specifically authorized by this chapter. Changeable image copy may be displayed by assembly uses with changing programs, such as theaters, auditoriums, houses of worship, schools, etc. On such uses, the display face upon which the changeable image is placed counts towards the total allowable display area which is subject to a permit. Changeable image signs may also be displayed by multi-unit nonresidential uses (such as shopping centers) and tenant directories on multi-tenant office buildings; in such cases, the total display area used for changeable images may not exceed ten (10) square feet; such area is included in the total display area subject to permit.

(Ord. 1053, eff. January 12, 2007)