Tiburon Municipal Code Art. III Definitions

For the purposes of this chapter, words and phrases have the definitions stated in Section 16A.305 of this article. 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 ordinance (chapter 16 of the Tiburon Municipal Code); second, from any applicable definition in town law; third, from any applicable definition in California statutory or decisional law; fourth, from any applicable definition in any respected dictionary of the English language; and fifth, from common usage, as applied to context.

(Ord. No. 515 N.S., § 2 (part))

For the purpose of enforcing, implementing and interpreting the provisions of this chapter, certain terms and words are defined, as set forth is this section:

"Abandoned sign" means any sign that has been abandoned for a period of one-hundred eighty (180) days or more following the closing of an establishment on the site where the sign is located; or a sign that pertains to a time, event, or purpose that no longer exists.

"Accessory use" means a use customarily incidental and subordinate to the principal legal use.

"Animated or moving sign" means a sign or sign structure capable of frequent or regular movement, including pennants, airborne balloons, moving or flashing lights, or other non-stationary devices, intended or used for commercial purposes. Flags and banners are not within this definition.

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

"Awning sign" means a sign located on the face or surface of an awning.

"Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement.

"Billboard" means a permanent structure sign that meets any one or more of the following criteria: 1) it is used for the display of off-site commercial messages; 2) it constitutes a principal, or separate use, as opposed to an accessory or appurtenant use, of the parcel on which it is located; 3) it is used for general advertising or advertising for hire (in other words, display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel); or 4) the display space is routinely made available to advertisers or sponsors other than the owner or operator of the sign, or the owner of the land upon which the sign is located, regardless of whether the display space is made available for a fee, in exchange, donation, or otherwise. However, despite the generality of the foregoing, a sign is not within this definition when display space on it is furnished or rented to establishments located on the same parcel, or in the same development. For example, an on-site shopping center sign or kiosk, listing uses or establishments in the center, is not a billboard.

"Changeable copy sign" means a sign that, in part or whole, provides for periodic changes in the sign copy. Examples include signs for an auditorium, theater, library, place of worship, meeting hall or similar use having changing programs or events and characterized by human assembly, but do not include electronic signs or signs on which the message is changed more than one time each day.

"Commercial message" means a visual image that primarily concerns the economic interests of the speaker and/or the audience; or that primarily concerns the promotion, sale and purchase of goods and/or services, or that proposes an economic transaction.

"Commercial mascot" means a human or live animal wearing apparel, costumery, or decorations which are intended to attract attention and present a commercial advertising message. Includes "sign twirlers," "human sandwich boards," "sign clowns" and the like.

"Construction sign" means a sign temporarily located on a site where construction that is subject to a building or other safety permit is underway.

"Consumer Information sign" means a small sign that is designed and erected for the purpose of communicating information for the safety or convenience of the consuming public. Examples of such signs include, but are not limited to, signs displaying hours of operation, nameplates, association affiliations, credit cards that are accepted, and "now hiring", "hours of operation", "help wanted", "no smoking", "open", and "closed" signs.

"Design review board" means the design review board of the Town of Tiburon or any successor thereto.

"Directional sign" means a sign that is designed and erected solely for the purpose of vehicular or pedestrian direction, placed to provide direction to the public. Examples of such signs include, but are not limited to, parking lot directional signs such as "enter only," "exit," "parking in rear," "restricted area," and "valet parking," and signs directing the public to the location of restrooms and telephones.

"Director of community development" means the director of community development or his/her designee.

"Double-faced sign" means a sign consisting of two sign faces, which are placed so that only one sign face is visible from any one location at any one time.

"Electronic sign" means a sign that uses electronic (LED, LCD or other video-type) lighting displays, or a sign that is capable of remotely changing messages on a frequent (more than daily) basis.

"Erect" means build, construct, place, hang, relocate, install, enlarge, structurally alter or modify, affix, suspend, paint, post, or display a sign.

"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. Automated facilities which normally operate without the presence of human beings are not within this definition.

"Establishment frontage" means the portion of a building, measured in linear feet, containing a single establishment, which is parallel to and fronts on a public street, public right-of-way, public parking lot, public parking garage, or a publicly-traveled waterway, including San Francisco Bay.

"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.

"Flagpole" means a pole upon which to raise a flag.

"Flashing sign" means any sign that is perceived as an intermittent or flashing light. "Flashing" is a light or message that changes more than once every four (4) seconds."

"Freestanding sign" means any sign that is designed and constructed as a stand-alone structure, which is self-supporting on the ground and not materially affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs, but not Portable signs as defined herein.

"Halo" or "halo-type sign" means a sign where the light source is concealed behind an opaque face and the rays of illumination are projected outwards toward the edge of the sign forming a "halo" effect around the exterior of the sign. Light does not pass through the face of a Halo sign.

"Height" means the plumb vertical distance measured from the uppermost part of a sign to the grade below lowest part of a sign (or to the ground level if appropriate).

"Illuminated sign" means any sign intentionally illuminated from an internal or external artificial light source. Ambient lighting does not qualify as illumination of a sign.

"Internally-illuminated sign" means a sign where the light source is internal to the sign and the illumination passes through the face of the sign. Neon signs are not included in this definition.

"Legally-authorized sign" means a sign required, authorized by, or displayed by a governmental agency or other applicable law.

"Mansard sign" means any sign attached to or supported by a mansard roof.

"Marquee sign" means any sign that is on top of, or attached to, the face of a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building. See also Under Marquee sign.

"Monument sign" means a freestanding sign that is supported by a solid base or foundation rather than by one or more poles, posts, or pylons.

"Multiple-tenant building" means a building containing more than five (5) uses or establishments, not including residential apartment buildings.

"Multi-tenant sign" means a sign that displays a list of multiple tenants, businesses or establishments in one or more buildings located on one site or contiguous development.

"Nameplate" means a small sign identifying the name and/or address of an occupant or establishment.

"Natural despoliation sign" means a sign that is cut, burnt, limed, painted or otherwise marked on a cliff, hillside, field, tree, rock or other natural feature.

"Neon sign" means any sign containing neon or other visible discharge gas.

"Off-site sign" means a sign that is not located on the property or premises of the use, business, profession, commodity, service or entertainment for which it advertises. The on-site/off-site distinction applies only to commercial speech messages.

"On-site sign" means a sign which pertains to commercial activities or interests of an establishment on the same site or within the same development. The on-site/off-site distinction applies only to commercial speech messages.

"Pole or pylon sign" means a freestanding sign that is supported by one or more poles, posts, or pylons, whether visible or covered with cladding.

"Portable sign" means any sign not permanently affixed to the ground or to a building or structure, including, without limitation, "pedestal," "A-frame," H-frame" and "I-frame" signs. This also includes signs on wheels or mounted on wheeled but non-motorized vehicles.

"Projecting sign" means any sign that projects from the face of a building by more than twelve inches and is supported by brackets, a projecting post, frame, or similar device, which is anchored to the building face.

"Real estate sign" means any sign, temporary in nature, the copy of which concerns a proposed economic transaction involving real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels and motels. All signs within the scope of Civil Code 713 are within this definition.

"Roof sign" means any sign erected upon or above a roof or parapet wall of a building, or placed above the apparent flat roof or eaves of a building, or the top of a mansard roof.

"Shopping center" means any combination of ten (10) or more establishments on a single or commonly owned or leased group of parcels where common vehicular access from the street and common on-site parking facilities are provided.

"Sign" means:

(a) Any device, object, 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.

(b) Notwithstanding the generality of subsection (a), the following are not within this definition: 1) Automated teller machines (ATM's), as defined herein; 2) Architectural Features, including decorative or architectural features of buildings (not including lettering, trademarks or moving parts); 3) Fireworks, including the legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter; 4) Grave stones, grave markers, headstones, and other markers of the deceased; 5) Holiday and cultural observance decorations on private residential property and that are on display for not more than forty-five (45) days per year (cumulative, per parcel or use) and which do not include commercial advertising messages; 6) Interior 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, provided the building or enclosed structure is otherwise legal; 7) Manufacturer's marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 8) Graphics or images mounted on buses, ferries or duly licensed mass transit vehicles that legally pass through the Town; 9) News racks and news stands; 10) Overhead signs such as graphic images, which are visible only from above, such as those visible only from airplanes or helicopters, only if not visible from the street surface or public right-of-way; 11) Personal appearance items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots); 12) 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 kleig lights used as attention attracting devices for commercial or special events; 13) Shopping carts, golf carts, personal scooters, human-powered taxis, horse drawn carriages and similar devices (but not including any motorized device which may legally be operated on any public road); 14) Non-commercial symbols embedded in architecture including, but not limited to, by way of example and not limitation, stained glass windows, carvings on doors, frieze and bas relief statuary, color bands around buildings, foundation stones, corner stones, when such are permanently integrated into the structure of a permanent building which is otherwise legal; 15) Vehicle and vessel insignia on street-legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial 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; 16) Vending machines that do not display offsite commercial messages or general advertising messages; 17) Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty (50) feet of water frontage, where primarily intended to be viewed from the water and which do not display commercial messages; and 18) Displays of merchandise in a store window.

"Sign area" means the surface area of a sign, as measured using the procedure described in section 16A.610.

"Sign program" means a program providing a coordinated signing plan for multiple establishments or uses, in specified situations set forth in section 16A.525, and which utilizes one or more common elements such as color, materials, lettering, illumination, sign type, and sign shape.

"Subdivision or neighborhood identification sign" means a sign placed near the entrance to a development or subdivision and used to identify the area.

"Town property" means real property over which the Town: a) holds an interest; including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and b) has the present right of possession and control.

"Under marquee sign" means any sign hung or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, but that is not directly attached to a building in the manner that a projecting sign would be. Such signs are also known as overhead-mounted hanging signs or blade signs.

"Visibility triangle" means that portion of both public and/or 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.

"Wall sign" means any sign painted on or attached parallel to the wall of a building and projecting not more than twelve (12) inches horizontally outward from the building wall.

Wind blown device. Any sign activated by air or gas that visibly moves when activated.

"Window sign" means a sign painted on or attached to a window, or inside a building within ten (10) feet of a window, and designed to be viewed by the general public from outside the building in which the window is located.

(Ord. No. 515 N.S., § 2 (part))