Tiburon Municipal Code Art. VIII Temporary Signs, Prohibited Signs, Exempt Signs and Nonconforming Signs

The following signs are considered temporary and may be posted for a limited period of time without first obtaining a Sign permit in accordance with the provisions of this chapter. If the message is commercial in nature, then the sign must be on-site.

(a) Grand Opening and Other Special Event Signs. Grand opening and other special event signs of a short-term and temporary nature may be erected without a Sign permit subject to the following:

(1) No more than two (2) such signs, not exceeding twelve (12) square feet in total or combined sign area, may be displayed per establishment at one time;

(2) No such sign or signs may be displayed for a period exceeding thirty (30) consecutive or non-consecutive days in any calendar year, after which time the signs shall be promptly and completely removed. Thus, by means of example, if an establishment displays a sale sign or signs without a permit for a period of twenty-one (21) days beginning on January 1, and subsequently, on February 1, begins displaying a different sale sign or signs without a permit, the new sign or signs must be removed by February 10, and no additional signs may be displayed in reliance on this section during that calendar year without being in violation of this section.

(3) Examples of special event signs include, but are not limited to, signs displaying a special sale, grand opening, business closing, or a fund drive for a non-profit establishment.

(b) Temporary Construction Signs. Maximum of three (3) in number per site, and no more than six (6) square feet per sign for residential construction and twelve (12) square feet per sign for non-residential construction. No illumination is permitted. Such signs shall be permitted through the duration of construction and shall be removed no later than ten (10) days following completion of construction.

(c) Temporary Use Signs. Signs for temporary uses, including but not limited to outdoor, temporary or seasonal sales lots, such as Christmas tree or pumpkin sales lots, may be erected for a period not to exceed thirty (30) days. Temporary use signs shall not exceed twenty-five (25) square feet on any parcel.

(d) Temporary Off-Site Signs. Maximum of three (3) in number per parcel and no more than three (3) square feet of face area per sign. No illumination is permitted. Display times allowed: between 12:30 p.m. and 5:30 p.m. on Sundays and on one additional day, as the Town Council may establish by Resolution. Location: (i) private property not located in the Downtown with the permission of the property owner; or (ii) on public property not located in the Downtown as allowed by town council Resolution No. 03-2009, or the most current successor thereto.

(Ord. No. 515 N.S., § 2 (part))

A prohibited sign is a sign that is not allowable under the provisions of this chapter, with or without a permit. The town may require the removal or abatement of a prohibited sign. Failure of a property owner and/or lessee to remove or abate a prohibited sign within fifteen (15) days of the property owner and/or lessee's receipt of written notification (or refusal to accept delivery of such) from the town ordering the removal or abatement, shall be deemed a violation of this chapter enforceable as provided in section 16A.900 et seq. and chapter 31 of the Tiburon Municipal Code, or Business and Professions Code section 5499 et seq., or any other method provided by law. The following types of signs and devices are prohibited:

(a) "Portable signs," as defined in section 16A.305, including "pedestal", "A-frame", "H- frame" and "I-frame" signs, except where allowed pursuant to section 16A.800(d) or section 16A.710.

(b) "Abandoned signs" means signs that have been abandoned for a period of ninety (90) days or more following the closing of an establishment on the site where the sign is located; or signs that pertain to a time, event, or purpose that no longer exists.

(c) "Animated and moving signs," as defined herein, means animated and moving signs include, but are not limited to:

(1) Electronic message display, blinking, flashing, change in light intensity, or moving signs.

(2) Wind blown devices such as balloons, inflatable objects, pennants, ribbons, streamers.

(3) Signs producing sound, odor, smoke, fumes steam, or other substances.

(d) "Billboards," as defined in section 16A.305 and as set forth in Section 16A.230.

(e) "Dilapidated signs" means where elements of the sign surface, structural support, frame members, panels or other sign elements are clearly dilapidated, have cause to compromise the ability of the sign to identify an establishment, or are in a condition to cause a hazard or affect public safety.

(f) "Electronic signs," as defined herein.

(g) "Imitative of legally-authorized signs" means signs (other than those used for traffic direction) that contain or are an imitation of a legally-authorized traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning or similar words; or signs that imitate or may be construed as other public notices, such as a zoning violation, building permit, business license, etc.

(h) "Internally-illuminated signs," as defined herein.

(i) "Natural despoliation signs," as defined herein.

(j) "Roof signs," except when qualifying as a mansard sign on a mansard roof under the provisions of this chapter.

(k) "Signs likely to cause traffic confusion or traffic hazard" means signs or lighting that is of a size, location, movement, coloring, or manner of illumination that it:

(1) Is likely to be confused with or construed as a traffic control device.

(2) Will hide from view any traffic or street sign or signal.

(3) Is not effectively shielded to prevent glare or where the lighting is of an intensity that causes glare or impairs the vision of a driver or pedestrian.

(l) "Signs surfaced with or made of florescent paint or material."

(Ord. No. 515 N.S., § 2 (part))

The town has a compelling public health, safety and welfare interest in the clear, accurate and effective identification of governmental and private buildings, public streets and public facilities and amenities, the safe and efficient control of traffic and parking within the town, and the expeditious notification to the public of information affecting emergency and essential public services. Therefore, unless otherwise specified, the following signs are exempt from the sign permit requirement and shall not count toward sign number or sign area limits, provided that they conform to the stated rules of this chapter and all other laws, rules and regulations:

(a) Building and Street Address Signs. Each sign shall not exceed three (3) square feet in area and one (1) per building for each street frontage. Such signs must comply with the town's adopted Building Code requirements for address markings.

(b) Consumer Information Signs. Signs displaying consumer information are not included in the calculation of the allowable sign area or number, if such signs are on-site and do not individually exceed one (1) square foot and, in aggregate, do not exceed five (5) square feet in area per establishment. Such signs shall not be illuminated and shall not contain reflective paint or material. 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.

(c) Directional or Informational Signs of a Non-Commercial Nature. Private directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding four (4) square feet in area per sign and not to exceed eight (8) square feet in aggregate sign area per establishment. Such signs shall not be illuminated and shall not contain reflective paint or material. Examples of such signs include, but are not limited to, parking lot directional signs, location of restrooms, telephones, "parking in rear," "restricted area," "valet parking" and "employees only".

(d) Flags. Flags displaying non-commercial images, subject to rules and limitations set forth in sections 16A.710, 16A-720 and 16A.725).

(e) Legally-Authorized Signs. Signs displaying information that is authorized or required by law or regulation other than set forth in this chapter may be displayed according to said authorizing law or regulation. Such signs include, but are not limited to signs for traffic control, fire and police signs and other regulatory purposes, signs for public information and safety, street signs, fueling station price signs, public notices, emblems and other forms of official identification.

(f) Restaurant Menus. For non-residential uses serving food on the premises to the public, a menu may be displayed on private property; the menu must be identical in size and all other respects to those made available to diners. Lighting of the menu may not cause unreasonable glare to persons of ordinary sensibility.

(g) Nonstructural Repairs to and Maintenance of Conforming Signs. Repairs to, or maintenance of, a conforming sign, when such changes are non-structural. Repair and/or maintenance does not include a change in colors, materials, or illumination, which modifications shall require the approval of a sign permit under section 16A.500 et seq. of this chapter or other applicable laws, rules, or regulations.

(Ord. No. 515 N.S., § 2 (part))

(a) A nonconforming sign is a sign that was legally established and maintained in compliance with the provisions and requirements of all applicable laws in effect at the time of the original installation but does not now comply with the provisions of this chapter.

(b) Changes to sign materials or colors are allowable, subject to a sign permit, provided that any such changes comply with the provisions of this chapter. Changes to sign text only do not require a sign permit, provided that the sign area is not thereby increased nor any other physical factor altered to increase the nonconformity of the sign.

(c) The following additional provisions shall apply to nonconforming signs:

(1) Any structural modification to, or structural alteration of, any nonconforming sign or elements thereof, or movement or relocation of a non-conforming sign, shall require immediate compliance with this chapter.

(2) A nonconforming sign may not be changed to another nonconforming sign or structurally modified or altered to extend its useful life.

(3) Use of a nonconforming sign may not be re-established or continued after a use or establishment, with which the sign was associated, is discontinued for more than ninety (90) days, i.e., is an abandoned sign.

(4) Signs located on, and materially associated with, the historic character of any building located on the Local Historic Inventory of Buildings Located in Downtown Tiburon, adopted by resolution of the town council, may be allowed to be re-constructed or replaced despite their non-conforming status, with the granting of a major exception.

(5) Any nonconforming sign shall be removed or made to conform to the provisions of this chapter if the sign has been more than fifty (50) percent damaged in terms of replacement value, or is destroyed, except as set forth in subsection (4) above.

(Ord. No. 515 N.S., § 2 (part))

(a) Notwithstanding any other provision of this chapter, existing, lawfully-established, nonconforming portable signs with an expected useful life of less than fifteen (15) years must be removed as set forth in this section.

(1) Unless otherwise established by the permit holder, portable signs are presumed to have an expected useful life of five (5) years or less and must be removed within five (5) years of March 20, 2009.

(2) If a permit holder demonstrates that a portable sign has an expected useful life of more than five (5) years, the director of community development, or his designee, shall grant additional time for the sign to remain in place for the remainder of its useful life, not to exceed a total of fifteen (15) years from March 20, 2009.

(b) The town council may adopt a resolution establishing a program for the elimination of signs with an expected useful life of fifteen (15) years or more in compliance with division 3, chapter 2.5 of the California Business and Professions Code, section 5490 et seq. or any successor statutes.

(1) Prior to adopting the resolution, town staff will prepare a report that inventories and identifies any sign that would be affect by the program. The council will consider this report at a public hearing on the resolution.

(2) The resolution adopting the program shall include a finding that there is a need for the regulations set forth therein.

(c) Nothing in this section shall preclude the Town and a permit holder from mutually agreeing to remove a sign with an expected useful life of fifteen (15) years or more upon the town's payment of reasonable compensation for the value of the sign.

(Ord. No. 515 N.S., § 2 (part))