San Anselmo Municipal Code Art. 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 10-3.1701); 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)

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 twenty-four (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 single-family 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 right-of-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)