Tiburon Municipal Code Art. II Basic Policies

The policies, rules and regulations stated in this article 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. No. 515 N.S., § 2 (part))

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 laws, rules and regulations, including but not limited to building code, electrical code, and grading permits.

(Ord. No. 515 N.S., § 2 (part))

Subject to the property owner's consent, a non-commercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which 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. Message substitution is a continuing right, and may be exercised any number of times. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is legal without consideration of message content. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message. In each instance and under the same conditions to which this chapter pertains, any sign, a sign containing an ideological, political, or other non-commercial message shall be permitted, to the same physical dimensions and character as a commercial message sign in the same location.

(Ord. No. 515 N.S., § 2 (part))

The director of community development is authorized and directed to enforce and administer the provisions of this chapter.

(Ord. No. 515 N.S., § 2 (part))

Interpretations of this chapter shall be made initially by the director of community development. Said interpretations shall be subject to appeal provisions as set forth in section 16A.420. All interpretations of this chapter are to be exercised in light of the message substitution policy and the purposes 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 ordinance or the building regulations of the town, then the director of community development 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. No. 515 N.S., § 2 (part))

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

(Ord. No. 515 N.S., § 2 (part))

Billboards, as defined herein, are prohibited. The town completely prohibits the construction, erection, installation or use of billboards. No permit shall be issued for any billboard that 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 provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable.

(Ord. No. 515 N.S., § 2 (part))

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. No. 515 N.S., § 2 (part))

Whenever any sign permit, exception, variance, conditional use permit, sign program, 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 Sign Program, and then only as to commercial messages.

(Ord. No. 515 N.S., § 2 (part))

Wherever both residential and non-residential 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 non-residential 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. No. 515 N.S., § 2 (part))

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 chapter or other applicable law), or the ownership of sign structures. This provision does not apply to hand-held signs, portable or movable signs, or images that are aspects of personal appearance.

(Ord. No. 515 N.S., § 2 (part))

No sign may be placed on private property without the consent of the property owner.

(Ord. No. 515 N.S., § 2 (part))

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

(Ord. No. 515 N.S., § 2 (part))

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 that 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 that may be held invalid or unenforceable.

(Ord. No. 515 N.S., § 2 (part))