San Anselmo Municipal Code Art. 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 off-premise 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)