Tiburon Municipal Code Art. V Sign Application and Permit Procedures

Except for those signs that are specifically exempt under sections 16A.710, 16A.725, 16A.800, or 16A.810, all signs shall require the approval of a sign permit and shall follow the permit procedures set forth in sections 16A.500 through 16A.540. Only signs authorized by this chapter may be built, installed, 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. No. 515 N.S., § 2 (part))

Any person seeking a permit for a sign, for which a permit is required, shall submit to the director of community development a written application for such sign permit. The director of community development shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single application may be filed to apply for multiple signs on the same site or for the same establishment. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the Town Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled. The application form may call for the following information:

(a) Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number, as well as the contractor's license number, if any, of the sign contractor;

(b) Street or site address, assessor parcel number, zoning district, and use (i.e., single family residential, multi-family residential, commercial, or other) of the property where the proposed sign(s) are to be displayed;

(c) Accurate, dimensioned, and scaled site plan showing the location of property lines, buildings, parking areas, driveways, landscaped areas, and existing and proposed signs on the site; as to existing signs, information as to whether each was permitted or exempt from permitting;

(d) Accurate and scaled elevation drawings depicting proposed signs and the proposed colors of the signs, and accurate and scaled elevations showing existing signs located elsewhere on the property;

(e) The total number of signs proposed and the aggregate sign area of those signs;

(f) Number and linear length in feet of each establishment frontage for the use or establishment;

(g) Total allowance of sign area in square feet in accordance with the type of use;

(h) For each sign proposed or existing and to remain:

(1) Proposed sign type;

(2) Proposed sign materials;

(3) Proposed sign area and dimensions (length, width, and height);

(4) Proposed sign colors;

(5) Proposed method of illumination (if any);

(6) Proposed form of sign attachment (be specific);

(7) Proposed duration (permanent or temporary);

(i) Written evidence of all owners' consents, such as land owner or lessor;

(j) A statement as to whether the use or establishment occupies the entire building, and if not, the number of other uses or establishments in the building;

(k) A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising;

(l) A statement as to whether any sign would be located off-site (not on the property where the use is located), and if so, a precise description of the proposed off-site location;

(m) A statement as to whether the sign would project over town property or street right-of-way, and if so, the proposed distance of encroachment and the height of the sign above ground level at the area of encroachment;

(n) A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical devices: sound; odor, smoke, flashing images, changeable electronic display, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other visible discharge gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; use of live animals or living persons as part of the display; mannequins or statuary;

(o) A statement as to whether the specific permitted use for which the sign is proposed to be erected or displayed, or any currently existing sign thereon associated with the specific permitted use, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;

(p) Current photographs of the existing property, parcel, and/or building on which a sign is proposed to be erected or displayed;

(q) In the case of any proposed sign that is subject to a discretionary process, such as a variance, conditional use permit, site plan and architectural review, or sign program, all relevant information required by such process(es);

(r) The director of community development is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice.

The director of community development shall determine whether the application contains all the required information or contains sufficient information to act on the application. If it is determined that the application is not complete, the applicant shall be so notified in writing within thirty (30) days of the receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary to make the application complete. The applicant shall then have one opportunity, within thirty (30) days, to submit the required information; failure to do so within the thirty-day period shall render the application void. In the case of a timely resubmission, the application fee need not be paid a second time.

(Ord. No. 515 N.S., § 2 (part))

Review authority over sign permits pursuant to the provisions and requirements of this chapter is vested with the following review authorities:

(a) Director of community development. The director of community development has the authority to:

(1) Act on a Sign Permit application, as set forth in section 16A.535(a).

(2) Act on requests for Minor Exception, as set forth in section 16A.535(b).

(3) Act on requests for time extension to an approved sign permit, pursuant to section 16A.540.

(4) Act on requests for time extension to an approved sign program, pursuant to section 16A.540.

(5) Refer any sign permit application to the design review board for action, pursuant to section 16A.510(b).

(b) Design Review Board. The design review board has the authority to act on:

(1) Sign permit applications referred by the director of community development.

(2) A sign program, and any amendments thereto, as set forth in section 16A.525.

(3) Signs requiring a major exception, as set forth in section 16A.520.

(4) Appeals of sign permit decisions of the director of community development.

(c) Appeals.

(1) General Provisions of Appeal. The appeal right arises at the earlier of: a) whenever a written decision is delivered to the applicant, or b) the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. Mail, first class delivery, whichever occurs first.

(2) Appeals of Decisions of the Director of Community Development. A decision of the director of community development may be appealed to the design review board by any affected person within five (5) working days of the decision. The appeal process is begun by filing a written notice of appeal with the town clerk particularly stating the matter appealed from and the grounds for the appeal. The design review board shall hear the appeal and render a decision on the appeal within thirty (30) days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant.

(3) Appeals of Decisions of the Design Review Board. A decision of the design review board, except on appeal from a decision of the director of community development, may be appealed to the town council by any affected person within ten (10) days of the decision. The appeal process is begun by filing a written notice of appeal with the town clerk particularly stating the matter appealed from and the grounds for the appeal. The town council shall hear the appeal and render a decision on the appeal within forty-five (45) days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. Following a final decision by the town council, the applicant or any appellant may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.5 and or 1094.6 or 1094.8, as applicable. Such judicial review must be filed within thirty (30) days of notice of final decision, unless State law otherwise provides.

(4) Status Quo. During the pendancy of appeal or judicial review, the status quo of the subject sign(s) shall be maintained. This does not apply when an existing sign, or sign under construction, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.

(Ord. No. 515 N.S., § 2 (part))

(a) If a sign permit application complies with all requirements of this chapter and with all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time limits set forth in section 16A-535.

(b) A sign permit application may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule or regulation. Compliance with all applicable safety codes, including but not limited to building and electrical codes, shall be a condition of all Sign permit approvals, where applicable.

When a proposed sign(s) deviates from the provisions and standards of this chapter pertaining to sign area, height, setback, spacing, location, placement, type, number, orientation, illumination, or safety factors for construction materials and methods, an Exception request may be filed with a Sign permit application, subject to the following:

(a) Minor Exception. A minor exception applies to requests that deviate from the sign provisions for sign area or sign height by less than twenty (20) percent. Notwithstanding the foregoing, any sign area Exception involving no more than five (5) square feet, or involving transfer of sign area from one frontage to another pursuant to section 16A.720(c), shall be deemed a minor exception.

(b) Major Exception. A major exception is any exception other than that described in subsection (a) above as a minor exception.

(c) Findings for Approval of an Exception. The following findings shall be made in rendering a decision on a request for exception:

(1) The exception is necessary to overcome special or unusual site conditions such as exceptional building setbacks, and lack of or limited visibility due to orientation, shape or width of the property and/or building improvements;

(2) The exception is appropriate in that it would allow signage that would be in harmony and scale with the building and site improvements, and would be physically compatible with other conforming signs in the immediate vicinity; and

(3) The exception would permit an improvement that would not be detrimental or disruptive to the safety or flow of vehicular or pedestrian traffic either on-site or off-site.

(d) Not Applicable to Prohibited Signs. The exception process shall not apply or be used to permit any prohibited sign, as set forth under section 16A.805 of this chapter. Exceptions may not be used to authorize off-site commercial messages on permanent structures in fixed locations.

(Ord. No. 515 N.S., § 2 (part))

The establishment of a sign program is encouraged as an alternative to the sign standards and provisions contained in this chapter under certain circumstances, as follows:

(a) Purpose. Sign programs are specifically intended for properties with multiple establishments on one site or multiple signs for uses with special sign needs. Sign programs shall be used to achieve aesthetic compatibility among the signs within a project, and may allow some flexibility in the number, size, height, type, setback, spacing, illumination, location, orientation, and placement of signs.

(b) Applicability. Sign programs are permitted specifically for shopping centers, multiple-tenant buildings, lots or parcels with more than five (5) buildings or establishments under the same ownership or within the same development, motor vehicle fueling stations, and movie or live stage theaters. Sign programs shall not be used to allow signs that are expressly prohibited by this chapter.

(c) Design Continuity. Sign programs shall be designed so that all signage has a consistent and common structural and physical design theme and placement, utilizing common materials, colors and illumination.

(d) Findings Required for Approval of a Sign Program. The design review board shall make the following findings in rendering a decision on an application for a sign program:

(1) All of the signs contained in the program have one or more common design elements such as placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and letter type;

(2) All of the signs contained in the program are in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the general design principles specified in section 16A.620.

(3) The amount and placement of signage contained in the program are in scale with the subject property and improvements, as well as the immediately surrounding area.

(Ord. No. 515 N.S., § 2 (part))

(a) Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the director of community development upon written notice, to the holder, stating the reason for the revocation. "Issued in error" means that the permit is not in compliance with rules, regulations or other provisions contained within this chapter and therefore should not have been issued in the first place.

(b) Revocation or Cancellation. The director of community development may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit or this chapter after written notice of non-compliance and at least fifteen (15) days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

(Ord. No. 515 N.S., § 2 (part))

The following processing and noticing procedures shall be followed prior to rendering a decision on an application for a sign permit, an exception or a sign program:

(a) Sign Permit, Administrative Approval. Following review of a sign permit application for compliance with the provisions of this chapter and other applicable laws, rules and regulations, the director of community development, or his/her designee, may render a decision on the application. A decision on a sign permit application may be rendered without notice to surrounding property owners.

(b) Minor Exceptions. Following review of an application for and prior to rendering a decision on a minor exception, property owners contiguous to the subject property shall be mailed a notice informing them of the director of community development's intent to act on the application. Good faith efforts to provide a copy of the notice to adjacent establishments shall also be made. The notice shall indicate that the director of community development will take action on the application, on or after a specified date, which date shall be at least ten (10) days following the date of the notice.

(c) Major Exceptions and Sign Programs. Major exceptions, sign programs (including amendments thereto), appeals, and other sign-related applications requiring design review board action shall require notice of the hearing date to be mailed to property owners within three hundred (300) feet of the subject property a minimum of ten (10) days prior to the hearing. Good faith efforts to provide a copy of the notice to adjacent establishments shall also be made.

(d) Prompt Review and Decision. Review and decision on any sign permit, exception, or sign program application shall be prompt and expeditious and in no event shall exceed thirty (30) days after the application is accepted as complete. If a decision is not rendered within the required time limit the application shall be deemed denied. In the case of an appeal, the appeal shall be heard and acted upon within thirty (30) days of its filing. Time limits may be waived by an applicant and/or appellant. Judicial review may be in accordance with the provisions of Code of Civil Procedure sections 1094.5 and 1094.6 or 1094.8, as applicable.

(e) Multiple Sign Applications. When an application proposes two or more signs, the application may be approved either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the reviewing authority shall specify in writing the grounds for such denial.

(f) Disqualification. No sign permit application will be approved if:

(1) The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed or a remedy included in the application;

(2) There is any other existing municipal code violation located on the site of the proposed sign(s) with the same specifically permitted use (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment), which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

(3) The sign application is substantially the same as an application previously denied, unless: (i) at least twelve (12) months have elapsed since the date of the last application, or (ii) substantial new evidence or proof of changed conditions is furnished in the new application;

(4) The applicant has not obtained any required encroachment permit, site plan and architectural review permit, conditional use permit, variance, or other zoning permit. However, applications for such permits may be processed simultaneously with a sign permit application.

(Ord. No. 515 N.S., § 2 (part))

(a) Initial Time Limits. All sign permit, sign program and exception approvals shall expire one hundred and eighty (180) days from issuance, unless the approved sign(s) has been erected and has passed all final inspections, or is underway on such date and is thereafter diligently pursued to completion.

(b) Time Limits for Extensions. Prior to expiration of a sign permit, sign program or exception, the applicant may apply to the director of community development for an extension from the date of expiration. Upon such application, the approval may be extended one time only for one hundred and eighty (180) days from the original date of expiration.

(Ord. No. 515 N.S., § 2 (part))