San Anselmo Municipal Code Art. 11 Variances and Sign Programs

As provided in this article, variances may be granted for signs. Variances may be granted only by the Planning Commission, and the Planning Commission's decision is appealable to Town Council in the same manner as all other sign-related decisions. Variances must be considered by the Commission at a duly noticed public hearing at which evidence is taken, findings are made based upon the evidence, and a written decision is provided to the applicant.

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

The Planning Commission may grant one (1) or more variances in order to permit the erection and/or maintenance of signs not otherwise permitted by this chapter. The Commission shall not grant any variance unless it finds that:

(a) The strict application of the provisions of this chapter would result in unreasonable practical difficulties or in unnecessary hardships for the applicant, which difficulties or hardships are unique to the particular applicant and the applicant's use and are not present generally, or that the strict application of the provisions of this chapter would bring about results inconsistent with the purposes and intent of this chapter;

(b) That the granting of such application would not adversely affect the public health, safety, or welfare or be detrimental to or endanger or depreciate the properties in the surrounding area;

(c) In exercising discretion on a variance, neither the Planning Commission nor the Town Council on appeal may consider the graphic design of the display face or the message content of the proposed sign;

(d) In no event may the variance procedure be used to approve, permit or legalize any sign which meets the definition of billboard, or to authorize any of the sign types described in Section 10-9.515(b)(1) of this chapter.

(e) (Reserved);

(f) If a variance is sought on the grounds of hardship, then self-created hardship shall weigh heavily against the granting of the variance;

(g) No approval of a sign variance shall constitute a finding that a sign complies with any requirements other than those specifically set forth in this chapter, nor shall any such approval constitute a waiver of any such other requirements; and

(h) A variance application shall include all the information required for a sign permit, as detailed in Section 405, as well as other information required by State or Town law pertaining to variances.

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

When a nonresidential development involving four (4) or more separately leaseable units is proposed, and the proposal includes a unified program for sign design, such program may deviate from the otherwise applicable rules regarding the non-communicative aspects of signs. However, such programs may not violate any provision of the general plan, and may not authorize off-site commercial messages (separately leaseable units within the development are all considered on-site), and may not authorize a sign type which is expressly prohibited by this chapter. The message substitution policy applies automatically to all sign programs.

(a) All sign program proposals may be approved only by the Planning Commission, and are appealable to Town Council. Sign programs may be considered simultaneously with the other aspects of the development. The Planning Commission may consider a sign program proposal only at a duly noticed public hearing at which evidence is taken, findings are made, and a written decision is provided.

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