Chapter 10.42
SIGN AND AWNING REGULATIONS

Sections:

10.42.010    Purpose.

10.42.020    Applicability.

10.42.030    Sign definitions.

10.42.040    Signs allowed without permits.

10.42.050    Prohibited signs.

10.42.060    Sign and awning standards.

10.42.070    Sign standards for designated historic structures and properties within a historic overlay district.

10.42.080    Administrative sign permits.

10.42.090    Sign permits (Planning Commission review).

10.42.100    Nonconforming signs.

10.42.110    Removal of illegal signs.

10.42.010 Purpose.

In addition to the general purposes of this title, the purposes of this chapter establishing sign regulations are as follows:

A. To promote the attractive appearance of the City by regulating the design, character, location, number, type, quality of materials, scale, color, illumination, and maintenance of signs and awnings;

B. To encourage signs and awnings which are compatible with and complementary to the architectural design of the buildings where they are located;

C. To promote commerce and create a more attractive economic and business climate;

D. To promote the use of signs and awnings that identify land uses and sites without creating distractions or confusion that may cause traffic or safety hazards;

E. To protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards;

F. To allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages;

G. To allow the expression of political, religious and other noncommercial speech and allow for an increase in the quantity of such speech in the period preceding elections;

H. To respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, and welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics;

I. To minimize the potential adverse effects of signs on nearby public and private property and to protect property investments;

J. To serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage;

K. To establish sign and awning regulations which are equitable to all businesses; and

L. To implement applicable provisions of the Sausalito General Plan. [Ord. 1167 § 2, 2003.]

10.42.020 Applicability.

This chapter applies to all signs constructed or altered after the effective date of the ordinance codified in this title, except as otherwise provided by this chapter. All applicable provisions of the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.) shall also apply. This chapter shall be known and may be cited as the Sausalito Sign Ordinance.

No sign shall be placed within the incorporated areas of the City of Sausalito except in compliance with the provisions of this Sign Ordinance. No sign or awning shall be placed within a public right-of-way or easement without written permission from the Sausalito Community Development Department. [Ord. 1167 § 2, 2003.]

10.42.030 Sign definitions.

“Awning” means a framed, decorative roof-like cover attached to a building facade for the purpose of protecting doorways and windows from rain and sunlight exposure.

“Awning sign” means a sign integrally attached or imprinted on the face of an awning.

“Commercial sign” means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial events.

“Freestanding sign” means a sign not attached to any buildings and having its own support structure, including pole-mounted and monument signs.

“Illegal sign” means any sign erected without first complying with all ordinances and regulations in effect at the time of its installation.

“Menu sign” means a sign intended to serve a restaurant use and designed for the purpose of identifying specific meal items, prices, and specials.

“Monument sign” means a self-supported sign with its base on the ground.

“Noncommercial sign” means a sign which is intended to convey a noncommercial message including, but not limited to, commentary on social, political, educational, religious, scientific, artistic, philosophical or charitable subjects. For purposes of this chapter, all noncommercial signs shall be deemed to be on-site, regardless of location.

“Nonconforming sign” means a sign that was legally established and conforming with the sign regulations applicable at the time that does not satisfy the current sign regulations of this chapter.

“Off-premises sign” means a sign directing attention to a business, service, product, or entertainment not sold or offered on the site where the sign is located, including billboards and other outdoor advertising signs.

“Plaque sign” means a small version of a wall sign, generally adjacent to entryways and designed for close-range pedestrian viewing.

“Projecting or blade sign” means a sign extending from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall.

“Roof sign” means any sign located on or above the roof elements of a building.

“Sign” means any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premises, product, service, person, organization, business or event. For the purposes of this chapter, signs shall include any combination of signs, awning signs, flags, decorations, banners, statuettes, exceptional exterior paint patterns and/or lighting systems intended to create a cohesive scheme or theme by which to identify or attract attention to a premises, product, service, person, organization, business or event. Notwithstanding the foregoing, for purposes of this chapter “sign” shall not include the following:

1. Any public or legal notice required by a court or public agency;

2. Items of personal apparel or decoration but not including handheld signs;

3. Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the business or profession;

4. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof;

5. Interior signs located within 15 feet of business frontage and visible by the public that contain lettering of one inch or less; and

6. Interior signs visible by the public and located more than 15 feet from the business frontage that contain lettering of three inches or less.

“Sign copy” means the information content of a sign, including text, illustrations, logos and trademarks.

“Sign face” means the visible portions of a sign including all characters and symbols, but excluding structural elements not an integral part of the display.

“Sign height” means the vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements.

“Signable area” means an architecturally continuous wall surface uninterrupted by doors, windows, columns or architectural details such as moldings.

“Special sign” means a sign composed of a statue, art form, or unique figure, typically constructed in three-dimensional design and representing the specific product or service rendered.

“Suspended or hanging sign” means a sign attached to and located below any permanent eave, roof, canopy, or bracket.

“Temporary sign” means a sign generally constructed of paper, cardboard, cloth, canvas, plastic, synthetic, fabric or other similar lightweight materials used to provide information on events or conditions of a short and limited time duration.

“Wall sign” means a single-faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than 12 inches.

“Window sign” means a sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility. [Ord. 1167 § 2, 2003.]

10.42.040 Signs allowed without permits.

The following signs are allowed without a sign permit, as long as they comply with the provisions of this section and have a building or electrical permit if required by SMC Title 8 (Buildings and Construction). Any signs not listed in this section are either prohibited (SMC 10.42.050, Prohibited signs) or require a sign permit (SMC 10.42.080, Administrative sign permits, or 10.42.090, Sign permits (Planning Commission review)).

A. Temporary Signs. The following temporary signs are permitted subject to specific use and performance requirements:

1. Commercial Signs on Commercially Zoned Private Property. Temporary commercial signs shall be permitted only on commercially zoned property and only if they are non-illuminated wall or window signs. The temporary commercial signs shall not exceed a total of 16 square feet in size per commercially zoned property nor obscure more than 15 percent of an individual window, whichever is less. Such signs shall be composed of a lightweight flexible material such as paper, cardboard, cloth, canvas, plastic, synthetic or fabric. Rigid materials such as wood are not permitted. In addition to any allowable commercial signs, noncommercial signs shall be permitted on commercially zoned property to the same extent as such noncommercial signs are permitted under this chapter on residentially zoned property. Time limitations for display within one calendar year are as follows:

a. Grand Openings. Grand opening signs are permitted only once for the lifetime of a business and shall be displayed for no more than 30 days prior to commencement of the business operation and must be removed no more than 30 days thereafter.

b. Sales and Promotions. Signs for sales, promotions, or new ownership or management shall be displayed for an aggregate period of no more than 30 days.

c. Going Out of Business. Going out of business signs shall be displayed for a period of no more than 30 days immediately prior to the conclusion of business operations.

d. Temporary Business Identification Signs. Temporary signs identifying a business shall be allowed provided a sign permit application is submitted within 30 days of its erection. Such signs shall be removed within 45 days of Planning Commission approval of a sign permit. Temporary business identification signs may exceed the 12-square-foot size limitation set forth in this subsection (A)(1) only in the event that such temporary business identification signs are equal in size to the sign identifying the business which previously occupied the property; and provided, that the sign identifying the prior business was erected in compliance with the provisions of this chapter.

2. Holiday Decorations. Holiday decorations containing no advertising copy are allowed without height limits; provided, that decorations for a single holiday or season are not in place for more than 45 days.

3. Real Estate Signs. In accordance with the provisions of California Civil Code Section 713, the real estate signs referred to in this subsection (A)(3) may only be placed on the real property offered for sale or on real property owned by others with their consent; provided, that such signs do not adversely affect public safety, including traffic safety. Such signs may not be located on any public property, including without limitation within the right-of-way.

a. For Sale, Rent, or Lease Signs. Temporary signs indicating only that property is for sale, rent or lease. Only one sign is permitted to face each street adjacent to the property on which it is located. Such signs may be a maximum of four square feet or less on property in residential land use districts and 16 square feet or less in nonresidential land use districts.

b. Open House. Temporary signs or portable sandwich board signs, attracting attention to an open house, with signing having a maximum aggregate area of four square feet, may be put in place only on days on which the open house is being conducted.

4. Temporary Noncommercial Signs in Residential Zones During Campaign Periods. During campaign periods, freestanding political campaign signs and other noncommercial signs with an aggregate size of no greater than 16 square feet may be displayed on any private property which is residentially zoned and the yard which extends to the developed portion of the right-of-way. Such temporary noncommercial signs must be removed within 10 days following the election.

5. Construction Signs. Not more than one such sign shall be allowed per project and shall be located upon the property. Any such sign shall not exceed 16 square feet in sign area and six feet in height. The sign shall identify the parties involved in construction on the premises and future sales or activity for which the construction is intended. Such signing shall not include the advertisement of any products. Removal is required prior to final building inspection by the Building Official.

6. Signs on Public Property. Temporary banners, standards, portable signs for holiday decorations or advertising community events sponsored by the City, nonprofit community or business associations, or other nonprofit organizations may be installed on public property or within rights-of-way subject to the authorization of the City Manager, or her/his designee. Procedures and standards for installation, location, time limits, fees, indemnification, and removal shall be developed and approved by the City Council. Signs allowed without permit and placed in the right-of-way or any other public property are subject to issuance of an encroachment permit by the City Engineer and Community Development Director.

B. Permanent Signs. The following permanent signs are permitted:

1. Building Directory Signs. Wall-mounted building directory signs for pedestrian use, listing building tenants or occupants; provided, that such directories do not exceed eight square feet on any single building wall, nor a height of seven feet.

2. Hazard Signs. Public utility company and other signs indicating danger, the location of underground utilities, or of construction, excavation, or similar hazards so long as the hazard exists.

3. Interior Signs. Signs not visible from public streets or adjacent properties, such as signs in interior areas of shopping centers, commercial buildings and structures, and similar uses.

4. Miscellaneous Information Signs. Miscellaneous permanent information signs containing no advertising copy, in commercial, waterfront, and industrial zones, with an aggregate area not to exceed four square feet at each public entrance nor eight square feet total. Examples of such signs include, but are not limited to: Hours and days of operation, whether a business is open or closed, designating “Manager” or “Office,” credit card information, parking directions, “lot full,” vacancy, and/or emergency address and telephone numbers.

5. Valet Parking (Freestanding or Attached). Valet parking signs, no more than two square feet and three feet high, to serve restaurants and hotel uses.

6. Menu Boards (Freestanding or Attached). Menu signs, no more than four square feet and three feet high.

7. Noncommercial Flags. Noncommercial flags that do not when combined with the size of other signage permitted on the property exceed 16 square feet in area. (Other flags, pennants, and banners are subject to Planning Commission review, except that flags with or for commercial advertising are prohibited.) Flagpoles are subject to the height limits established for the applicable zoning district by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).

8. Official Signs. Historical markers, and official traffic, directional guide and other informational signs; in addition, official and legal notices issued by any court, person or officer in performance of a public duty.

9. On-Site Fuel Signs. On-site fuel price signs maintained at a service station in accordance with State law.

10. Prohibition Signs. “No Trespassing,” “No Parking,” and similar warning signs which do not exceed two square feet.

11. Residential Identification Signs. Individual residence identification signs which state the names of the residents of the home, limited to a total aggregate area of two square feet.

12. Street Addresses. Street address numbers mounted or painted on building walls or doorways which do not exceed two square feet in residentially zoned areas and four square feet in commercially zoned areas.

13. Safety and Directional Signing. Parking lot and other private traffic directional signs, including disabled access and parking signs, each not larger than five square feet. Such signs shall be limited to guidance of pedestrian or vehicular traffic on the premises, and shall not display any logo or name of a product, establishment, service, or any other advertising.

14. Noncommercial Signs on Residentially Zoned Property. Noncommercial signs on residentially zoned property shall be permitted only if they are non-illuminated signs. The noncommercial signage shall not exceed a total of 16 square feet per residentially zoned property. [Ord. 1167 § 2, 2003.]

10.42.050 Prohibited signs.

The following signs and sign materials are prohibited, as well as any other signs or sign materials that are not consistent with the provisions of this title:

A. Animated Signs. Signs with any moving, rotating, flashing, or otherwise animated light or component, except for time and temperature displays and traditional barber poles which have received Planning Commission approval.

B. Billboard Signs. Signs that are located off-site, usually on a highway, major thoroughfare or street, advertising a company, product and/or business.

C. Flags, Pennants and Banners with Commercial Advertising. Signage that includes cloth, plastic and other materials and hanging from or independent of a building, used for the purposes of attracting attention. Such signs are prohibited whether or not they contain sign copy.

D. Hazardous Signs. Any sign that creates a traffic safety hazard by interfering with a driver’s view of pedestrian and/or vehicular traffic, projecting over a public or private vehicular roadway, conflicting with traffic regulations, signs, or signals.

E. Inflated Signs. Any balloon style sign, figure, or object, filled with air or gas, which is used to call attention to a property or use.

F. Obsolete Signs. Any sign or sign structure identifying a use or activity that has not occupied the site for more than 90 days.

G. Portable Signs. Excepting freestanding valet and menu board signs as permitted under SMC 10.42.040(B) (Permanent Signs).

H. Price Signs. Any price signs, except gasoline price signs approved by the Planning Commission which conform to the provisions of Division 8, Chapter 7 of the California Business and Professions Code.

I. Signs in Residential Areas. Signs in any residential zoning district, except for nameplates, real estate, or noncommercial signs.

J. Simulated Traffic Signs. Any sign that simulates or imitates in color or design any traffic sign or signal, or uses words, symbols or characters that may interfere with, mislead or confuse pedestrian or vehicular traffic.

K. Automobile “For Sale” Signs for a Business. Signs on or in automobiles indicating “for sale” located on public property when conducted as part of a business.

L. Floating Signs. Signs on moorings or floats, berthed or moored on private or public property for the purpose of advertising a product, service, person, organization, business or event, unless the sign is permanently affixed and solely identifies a marine-based business that the mooring or float serves.

M. Bench Signs. A sign located on a bench or similar structure on or near a public way.

N. Pavement Signs. A sign painted on a sidewalk, curb, or roadway, except for traffic control, safety or striping.

O. Other Temporary Signs. Temporary signs that are not otherwise allowed by SMC 10.42.040(A) (Temporary Signs). [Ord. 1167 § 2, 2003.]

10.42.060 Sign and awning standards.

The following standards shall generally apply to all permitted signs subject to Planning Commission or administrative review and approval:

A. Measurement and Determination of Sign Area. For the purpose of determining the size and amount of sign face to be approved, the following methods of measurement and determination of sign area shall apply:

1. Measurement. The area of a sign shall be measured as the area in square feet of the smallest rectangle within which a single sign can be enclosed, or the combination of flush, attached rectangles where the sign copy consists of various lines or uneven elements.

2. Sign Faces Counted. Where a sign has two faces containing sign copy, which are oriented back-to-back and separated by not more than six inches at any point, the area of the sign shall be measured using one sign face only.

3. Wall-Mounted Letters. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest single rectangle within which all letters and words can be enclosed. If the sign has borders, a decorative enclosure or is a combination of words and a logo, the area of the sign shall be measured as the area in square feet of the combination of flush, attached rectangles within which the letters, words and/or logo(s) can be contained.

4. Three-Dimensional Signs. Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects or sculptural or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.

B. Clearances for Signs and Awnings. Signs and awnings may be permitted; provided, that the sign or awning meets the following requirements:

1. The bottom of the awning shall be a minimum of eight feet above the ground surface when projecting over a private or public walkway.

2. Awnings shall project no more than five feet into a public right-of-way and shall project no closer than two feet from the face of the curb line.

3. Projecting signs may be permitted; provided, that such signs do not project more than 36 inches beyond the building face, including projections over the public right-of-way, and are less than six square feet in size on each side. Projecting signs which are located above the public right-of-way must maintain an eight-foot clearance between the right-of-way and the sign.

C. Awning Signs. Awning signs are subject to the limitations contained in this section, with the exception that lettering on all faces or sides of the awning shall be considered as one sign.

D. Ground Signs. Ground, or monument, signs may be permitted; provided, that such signs are limited to one per building and are not more than 10 feet in height measured from the ground at the base of the sign.

E. Roof Signs. Roof signs and/or wall signs that project above an eave or parapet shall only be permitted when it is determined that the proposed sign is an architectural part of the building and does not interrupt the architectural details of the building.

F. Signs on Public Property. Signs may only be placed on or over the public right-of-way within a public road right-of-way, or any other public property, with concurrent review and approval of an encroachment permit by the pertinent reviewing body.

G. Illumination of Signs. Signs shall be illuminated only by continuous and stationary light sources, except as allowed for time and temperature signs. Illuminated signs shall be permitted; provided, that such signs comply with the following standards:

1. Internal Illumination. Internal light sources shall be installed so that they are visible only through translucent panels or letters. This requirement also applies to signs illuminated with neon tubing unless such signs are displayed from inside the building and behind window glazing.

2. External Illumination. The area illuminated shall be the minimum amount necessary to light only the sign. If the light sources are external to the sign or are otherwise physically detached from the sign, they shall be directed at the sign so that only the sign face is illuminated and they do not cast light onto other properties or the public right-of-way.

3. Illumination Control. At the discretion of the Community Development Director or Planning Commission, a lighting study may be required to determine the impact of sign lighting proposals on adjacent properties and the general public. Lighting systems for signs, awnings, and sign programs may also be required to include a dimming switch, timer or other device to allow a reduction of the intensity of lighting after installation if it adversely impacts residents or adjacent properties or is not in keeping with the ambient level of illumination on surrounding properties.

H. Institutional Signs. Institutional uses such as schools, religious institutions, community centers or other public and quasi-public uses are allowed a maximum of two signs not more than 24 square feet in aggregate area. One such sign may be freestanding, with a maximum height of 10 feet.

I. Off-Premises Signs. Off-premises signs that direct attention to a business, service, product, or entertainment not sold or offered on the premises on which the sign is located shall not be permitted except for (1) public service signs, (2) signs necessary to direct attention to an establishment on a parcel that does not front a street, and (3) temporary event signs.

J. Permanent Window Signs. Permanent window display signs may be permitted; provided, that they do not obscure more than 25 percent of the area of the window to which they are affixed.

K. Ground Level Business. The maximum sign area allowed for a ground level business or office, or portion thereof, shall be 0.5 square feet of signage per lineal foot the business, office, or portion thereof fronts on an outdoor public area, to a maximum of 50 square feet unless otherwise authorized by an approved signage program or conditions which apply specifically to that development.

L. Upper Level Business. The maximum sign area allowed for an upper level business or office, or portion thereof, shall be no greater than six square feet unless otherwise authorized by a sign program or conditions which apply specifically to that development. Only one sign may be displayed for a business or office located entirely on an upper level and shall be located at the exterior entrance of the building unless its size or location is otherwise established as a part of a sign program approved by the Planning Commission, Historic Preservation Commission, or City Council.

M. Businesses That Occupy More Than One Level. The maximum sign area allowed for any individual business or office which occupies more than one level in the same building, including any part of the ground level, shall be determined by combining subsections K (Ground Level Business) and L (Upper Level Business) of this section; however, the total size shall not exceed 50 square feet unless otherwise permitted by the Planning Commission.

N. Total Sign Area. Each face of a permanent sign shall be deducted from the total sign area permitted for that business or office. However, the face of each temporary sign is not calculated as part of the total sign area permitted.

O. Construction and Maintenance. Each sign and all its components shall be manufactured, assembled and erected in compliance with all applicable State, Federal, and City regulations, and the Uniform Building Code. Each sign including those exempted from this ordinance by SMC 10.42.040 (Signs allowed without permits) shall be maintained in a safe, clean and legible condition at all times.

P. Changes to Approved Signs. A sign that has been approved pursuant to this section shall not be changed or replaced, nor shall any design elements of any building or lot where a sign is located be changed or replaced if any such design element was a basis for the approval of a sign, without a new sign permit first being obtained. Any change in the sign face copy to modify the business name or other information on the sign does not require the issuance of a new sign permit so long as the change is consistent with the Sausalito Design Guidelines and/or with any applicable provisions of the general plan, as determined by the Community Development Director.

Q. Discontinuation of Use. Any sign that was legally erected but is no longer used as a sign or the structure upon which the sign is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of more than 90 days shall be removed.

R. Sign Completion. The construction of an approved sign shall be completed within one year of permit issuance, or within such other time period specified by the appropriate reviewing body upon permit approval. If not completed within one year from the date of permit issuance, or other time period specified in the permit, the permit shall expire. No sign construction shall occur after the expiration of a sign permit until and unless a new permit is applied for and approved.

S. Exceptions. Exceptions to these standards, or interpretations thereof, may be granted by specific approval by the Planning Commission. The Planning Commission shall grant exceptions from these standards only if the following findings apply:

1. There are unusual circumstances in regard to the location of the property or business, or the particular nature of the use, which preclude the strict application of standards.

2. The proposed sign will conform to the purpose and standards of this chapter as closely as possible. [Ord. 1167 § 2, 2003.]

10.42.070 Sign standards for designated historic structures and properties within a historic overlay district.

A. Purpose. In addition to the general purposes of this chapter identified in SMC 10.42.010 (Purpose), the purposes of this section establishing regulations for signs on properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district, and subject to the provisions of Chapter 10.46 SMC (Historic Preservation), are as follows:

1. To establish reasonable standards for business identification on properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district;

2. To reinforce the historic qualities of buildings and districts of architectural and cultural significance, including but not limited to downtown Sausalito;

3. To assist property and business owners in understanding community signage expectations;

4. To encourage creativity within a controlled framework;

5. To promote economic vitality;

6. To ensure that the design of new signage is appropriate to properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district; and

7. To provide a regulatory framework for historic overlay district sign design guidelines.

B. Applicability. This section applies to all buildings, sites and businesses located within a historic overlay district or designated on the local/State/National Historic Register and subject to the provisions of Chapter 10.46 SMC (Historic Preservation). In addition, all signs in the applicable areas are subject to the other applicable sections of this chapter (Sign and Awning Regulations), the Sausalito Historic District Sign Design Guidelines, and any other design guidelines and policies adopted by the Historic Preservation Commission.

C. Certificate of Appropriateness Required. Any work involving a sign under this section, unless otherwise stated, shall obtain a certificate of appropriateness by the Historic Preservation Commission as provided in SMC 10.46.060 (Property and review requirement), prior to the issuance of any building permits or approval of other planning entitlements.

D. Historic District Guidelines. Any sign, awning, or signage program located within a historic overlay district or designated on the local/State/National Historic Register shall comply with the Historic Design Guidelines adopted by the City Council, and the design and performance standards identified in SMC 10.42.060 (Sign and awning standards). Where there are differences between SMC 10.42.060 (Sign and awning standards), this section, and the Historic Design Guidelines, the most restrictive regulation shall apply.

E. Sign Types Permitted. The following sign types are permitted on properties and sites that are designated on the local/State/National Historic Register structure or within a historic overlay district:

1. Wall signs;

2. Projecting signs;

3. Awning signs;

4. Window signs;

5. Hanging signs;

6. Plaque signs;

7. Directory signs;

8. Address signs;

9. Menu signs;

10. Temporary signs; and

11. Special signs.

F. Sign Types Strongly Discouraged. Signs are strongly discouraged which are considered incompatible with a historic overlay district, which adversely affect the health, safety and/or general welfare of the community, or which might create confusion to the public or to public safety officials responding to community emergencies. In addition, the following sign types are strongly discouraged in a historic overlay district and on structures listed on the local/State/National Historic Register:

1. Banner signs (see exception under subsection R of this section (Temporary Signs));

2. Neon signs;

3. Roof signs;

4. Interior illuminated signs;

5. Freestanding signs;

6. Electronic and readerboard signs;

7. A-frame signs;

8. Changeable letter signs;

9. Flashing, illuminated, phosphorescent signs;

10. Signs incorporating lights or movement as viewed from the public right-of-way or from any area open to the public;

11. Off-premises signs;

12. Floating signs; and

13. Signs containing glossy finish.

G. Exempt Signs. The following signs will be allowed in a historic overlay district without a sign permit and shall not be included in the calculation of maximum sign area:

1. Interior signs not visible from any public right-of-way or from any area open to the public;

2. Interior signs located within 15 feet of business frontage and visible by the public that contain lettering of one inch or less;

3. Interior signs visible by the public and located more than 15 feet from the business frontage that contain lettering three inches or less;

4. Public information signs required by City, State or Federal laws;

5. Nameplate signs on doors not exceeding two inches by 24 inches and administratively approved by the Community Development Director; and

6. One alarm sign not exceeding an aggregate of one square foot, indicating presence of alarm device and identifying representative to be contacted in case of alarm activation.

H. General Regulations. The following standards shall apply to all sign types subject to the provisions of this section:

1. Total number of signs shall be at the discretion of the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission.

2. Commercial signage should be limited to one-half square foot of signage per lineal foot of street frontage. Exceptions may be granted for narrow buildings. Store information under one inch in height (e.g., hours of operation) shall not be included in size calculations.

3. Materials should be appropriate to historic nature of district and/or structure listed on the local register and may include carved wood signs and individual cast or cut metal letters.

4. All signs should be of high quality workmanship, with clean and finished edges and materials.

5. Colors should be appropriate to the historic overlay district or designated local/State/National Historic Register structure and relative to the location, size and context of the structure, business or site.

6. Lighting should be unobtrusive.

7. Upper floor signage should be limited to six square feet. Upper floor signage may include projecting signs at ground floor level entries, projecting signs at upper floor window level, or lettering applied directly to upper floor windows. Upper floor signage should be generally smaller than signage for ground floor tenants.

8. The use of historical sign precedents that are generally within the parameters of these guidelines shall be encouraged where appropriate to the building and location.

9. Any sign shall be installed in a manner to minimize damage or degradation to historical buildings, consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

I. Wall Signs. Wall signs, defined in SMC 10.42.030 (Sign definitions), are subject to the following guidelines:

1. Signs should identify building or major tenant’s name only.

2. Wall signs should not be painted directly to wall surfaces unless the Historic Preservation Commission finds they are of historic significance.

3. Signs should consist of individual solid metal, wood, stone or glass letters, or flush-mounted carved, routed or sandblasted wood plaques.

4. Signable area (defined by SMC 10.42.030, Sign definitions) should not exceed 15 percent of the business facade.

5. Wall signs should be limited in size, as follows:

a. Individual letter size: 12 inches. If all capital letters used: eight inches.

b. Total signage area: 40 percent of signable area.

c. Length of signage: 75 percent of signable area width. For single tenant in multitenant building: two-thirds of individual tenant storefront.

d. Projection: Four inches maximum from face of wall surface.

J. Projecting Signs. Projecting signs are encouraged in a historic overlay district and should be oriented to pedestrians on the sidewalk in front of the building. Projecting signs are also subject to the following guidelines:

1. Maximum projection from building face: 36 inches.

2. Minimum clearance between building face and sign: six inches.

3. Maximum area: six square feet. Irregular-shaped signs should fit within an imaginary rectangle not exceeding nine square feet.

4. Mounting brackets shall be reviewed for design, decorative nature, uniqueness and shadowing effects on business wall surfaces.

5. Shape and design of sign shall be reviewed and may include logos, irregular outlines, and two- or three-dimensional icon signs.

K. Awning Signs. Awning signs shall be reviewed for conformance to the following guidelines:

1. Size of awning signs should be limited, as follows:

a. Letter height: eight inches.

b. Logo height (on sloping awning face): 12 inches.

c. Logos and other design elements on sloped awning face: 10 percent of awning face.

d. Letters, logos and other design elements may be allowed on the sides (closed ends of awnings) provided they are smaller than those on the front and do not exceed 40 percent of the awning end panel area.

2. Upper-level awning signs may be allowed at the discretion of the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission and should be limited to the business name or type.

L. Window Signs. Window signs shall meet the following guidelines, unless otherwise approved by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission:

1. Copy should be limited to business name, address, hours of operation, emergency telephone numbers and business tenant logos.

2. Area should not exceed 25 percent of any single window area or 10 percent of aggregate ground floor window area, whichever is less.

3. Copy should be limited to eight inches in height.

4. Store information copy under one inch in height and credit card logos under two inches in height are included in window coverage, but not maximum sign area allowed.

5. Signs taped to windows or suspended independent of the glass are not allowed.

M. Hanging Signs. Hanging signs are similar to projecting signs except they are below awnings, balconies or beams and are generally smaller in size. Hanging signs are subject to the following guidelines:

1. Maximum size: four square feet.

2. Minimum clearance above pedestrian areas: eight feet.

3. Designed to be viewed closely by pedestrians.

4. Located perpendicular to pedestrian movement.

N. Plaque Signs. Plaque signs are smaller wall signs attached to surfaces adjacent to shop front entries and generally limited to the business name or logo and designed for viewing by pedestrians at close range. Plaque signs are subject to the following guidelines:

1. Placed near tenant entries.

2. Size limited to fit within an imaginary rectangle of three square feet.

3. Limit projection to a maximum of three inches.

4. Historical designation plaques are encouraged. Historical designation plaques are subject to review and approval by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission but shall not be counted in calculation of maximum sign area.

O. Directory Signs. Tenant directory signs may be allowed for buildings with multiple tenants without direct public street frontage, including buildings with upper floors and buildings with businesses in a courtyard. Directory signs are subject to the following guidelines:

1. Oriented to pedestrians in immediate area.

2. Sign copy may include building and project name, project logo, address, business tenant names, suite numbers or letters.

3. Project name or logos should be limited to six inches in height. Other sign copy should be limited to two inches in height.

P. Address Signs. Address signs shall be prominently displayed from the street and limited to the street address number. Address signs are also subject to the following guidelines:

1. Placement limited to doors, transoms, or wall surfaces adjacent to entries.

2. Script letter strongly discouraged, except where appropriate based on demonstrated historic precedence.

3. Individual numbers on glass surfaces on or above doorways encouraged.

4. Numbers on glass in another color field discouraged.

Q. Menu Signs. Menu signs are encouraged for all restaurants with sit-down dining but are not included in calculation of maximum sign area. The following guidelines shall apply:

1. Mounted on walls adjacent to restaurant entries.

2. Sign boxes or plaques will be reviewed for materials, design features and nighttime lighting.

R. Temporary Signs. Temporary signs, as defined in SMC 10.42.030 (Sign definitions), must be approved by the Community Development Director and are subject to the following guidelines:

1. A certificate of appropriateness may be required at the discretion of the Community Development Director. The Historic Preservation Commission may provide recommendations on the location, supporting brackets and general banner design of signs for changing events. The Community Development Director may approve subsequent or periodic changes.

2. Temporary signs announcing retail sales will be reviewed for compatibility with the historic overlay district and are subject to the following:

a. Size: three square feet.

b. Letters: six inches in height.

c. Aggregate area of all temporary signs on a business tenant frontage: 10 percent of display window area.

d. Illuminated, luminescent and fluorescent signs strongly discouraged.

3. Temporary real estate sale or lease information and construction, alteration and repair signs shall be reviewed for compatibility with the designated local/State/National Historic Register structure and/or historic overlay district and are subject to the following:

a. Size: three square feet.

b. Letters: three inches in height.

c. Aggregate area of temporary signs on business frontage: six square feet.

d. Illuminated, luminescent and fluorescent signs discouraged.

4. The number and duration of temporary signs shall be at the discretion of the Community Development Director, subject to the following:

a. Duration: no greater than 30 days.

b. Frequency: no more than four times per year.

c. Period of at least 30 days between any of four display periods, unless waived by the Community Development Director.

S. Special Signs. Creative signs that do not fit within another identified category may be allowed, subject to the following guidelines:

1. Moveable signs require Planning Commission approval following review for a certificate of appropriateness by the Historic Preservation Commission prior to initial use.

2. Review by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission. The Historic Preservation Commission shall consider appropriateness to and compatibility with the designated local/State/National Register structure and/or historic overlay district.

3. Special signs shall only be approved if the Planning Commission, following review for a certificate of appropriateness by the Historic Preservation Commission, can make one or more of the following findings:

a. Proposal contributes to the vitality of the historic overlay district.

b. Proposed sign provides a better visual building and signage relationship for a difficult building or location.

c. Proposal maintains a size and character appropriate to the pedestrian scale of the historic overlay district.

4. Special signs shall be creative and unique to the business, location, building architecture or neighborhood character. [Ord. 1261 § 17, 2018; Ord. 1167 § 2, 2003.]

10.42.080 Administrative sign permits.

A. Applicability. Certain sign applications are subject to the applicable sign standards and may be administratively reviewed and approved by the Community Development Director or their designee. Administrative approval of signs on properties located within a historic overlay district or on the local/State/National Historic Register are subject to the provisions of SMC 10.46.060 (Property and review requirements). The following sign applications are eligible for administrative approval:

1. Text replacement of existing approved signs where a business has changed ownership or use; provided, that the size, color, and location of the sign do not change.

2. In the CN, CR, CC, and CW districts, signs which do not exceed six square feet in area in the aggregate of permanent signs for a business and have no internal illumination.

3. In the SC, W, and I districts, signs which do not exceed 20 square feet in area in the aggregate of permanent signs for a business and have no internal illumination.

B. Procedure and Required Information. An application for an administrative sign permit shall be filed in accordance with SMC 10.42.090(C) (Submittal Requirements).

C. Findings and Determination. The Community Development Director, or her/his designee, shall determine whether the proposed sign is consistent with the standards (SMC 10.42.060, Sign and awning standards) and findings of approval (SMC 10.42.090(D)). A written determination shall be provided within 10 days after the initial submittal.

D. Conditions of Approval. In addition to the conditions specified in SMC 10.50.100 (Recommended conditions of approval) the Community Development Director may impose additional conditions as necessary to assure compliance with the standards specified in SMC 10.42.060 (Sign and awning standards).

E. Appeal. Administrative sign permit decisions may be appealed to the Planning Commission within 10 days of the decision date. Appeals must be submitted in writing and shall be processed in accordance with Chapter 10.84 SMC (Appeals).

F. Effective Date. Community Development Director, or her/his designee, decisions of approval or denial of administrative sign permit applications shall become final 10 days after date of decision, unless an appeal has been filed.

G. Referral. Upon the discretion of the Community Development Director, signs may be referred to the Planning Commission and, where appropriate, the Historic Preservation Commission. All other signs requiring a permit shall be reviewed by the Planning Commission and, when required, the Historic Preservation Commission under review for a certificate of appropriateness. [Ord. 1261 § 18, 2018; Ord. 1167 § 2, 2003.]

10.42.090 Sign permits (Planning Commission review).

A building permit shall also be obtained for any sign if required by SMC Title 8 (Buildings and Construction).

A. Applicability and Authority. All sign permit applications shall require Planning Commission review and approval, unless specified by SMC 10.42.080 (Administrative sign permits) or exempted by SMC 10.42.040 (Signs allowed without permits).

B. Public Notice. Sign permit applications that are processed concurrently with another development application requiring Planning Commission public hearing, review and approval shall be noticed consistent with Chapter 10.82 SMC (Public Notice and Hearings). Applicant shall post notice of application on subject property for all other sign permit applications. Notice shall indicate date application was made, describe the application (including the proposed sign) and be posted at eye level at the subject property.

C. Submittal Requirements. Applications shall include all information required under SMC 10.50.030 (Application procedure). In addition, applications for Planning Commission sign permits and administrative sign permits shall be accompanied by information specified by administrative guidelines. The administrative guidelines shall be a detailed list of submittal requirements to include, but not be limited to, the following:

1. Planning Commission sign permit or administrative sign permit application form;

2. Applicable fee, as established by resolution of the City Council;

3. Site plan;

4. Exterior elevations;

5. Photographs of the existing building, site, and signs; and

6. Sign and/or awning specifications:

a. Dimensions;

b. Plan view;

c. Elevation view;

d. Colors;

e. Letter size;

f. Typeface;

g. Illumination details;

h. Clearances from sidewalk and curb face;

i. Material samples; and

j. Support and bracket details.

D. Findings of Approval. Sign permit applications may be approved if the following findings can be made:

1. The proposed sign complies with all applicable provisions of this title.

2. The proposed sign is consistent with the applicable sign standards.

3. The proposed sign will not adversely impact the public health, safety, or general welfare.

4. The proposed color, design, material, and location of the proposed sign are compatible with the architectural design of the building.

5. If the property is located within or near a residential area, the sign is harmonious with the character of the residential neighborhood.

6. The proposed sign is restrained in character and is no larger than necessary for adequate identification.

7. The proposed sign is consistent with the highest graphic standards and composed of durable and appropriate materials.

8. If the proposed sign is for an establishment within a commercial or industrial center, the sign is harmonious with the entire center’s signage and has been subject to the commercial or industrial center’s design review.

9. If the proposed sign is oriented toward a residential zoning district and is within 50 feet of the district, the signage is necessary for minimum business identification and will not have an adverse aesthetic effect on the residential character of the adjacent residential neighborhood.

10. Proposed sign serves to primarily identify the business or type of activity being conducted on the same premises, or the product, service or interest being offered for sale or lease on site.

E. Conditions of Approval. In addition to the conditions specified in SMC 10.50.100 (Recommended conditions of approval), the Planning Commission may impose additional conditions as necessary to assure compliance with the standards specified in SMC 10.42.060 (Sign and awning standards).

F. Resolution and Notice of Decision. The Planning Commission decision shall be in the form of a written resolution and shall include all findings and conditions of approval.

G. Appeal. All decisions of the Planning Commission, with respect to sign permits, may be appealed to the City Council within 10 days of the Planning Commission decision. Appeals shall be filed and processed in accordance with Chapter 10.84 SMC (Appeals).

H. Effective Date. Sign permits shall become effective at the end of the appeal period, provided no appeal has been submitted.

I. Expiration of Permit. Sign permits shall expire one year following the effective date of the permit, provided no extension has been filed prior to the expiration date.

J. Extension. The applicant may request one extension of a sign permit prior to the expiration of the permit, for up to one additional year, in accordance with SMC 10.50.140 (Extension of approved permits). [Ord. 1261 § 19, 2018; Ord. 1167 § 2, 2003.]

10.42.100 Nonconforming signs.

A. Purpose and Applicability. This section applies to existing signs that do not conform to the provisions of this chapter. The eventual elimination of existing nonconforming signs is as important as the prohibition of new signs that would violate these regulations. This section also recognizes and is intended to be consistent with the provisions of Sections 5496 through 5499 of the California Business and Professions Code.

B. Continuation of Nonconforming Sign. A legally established sign that does not conform to this Sign Ordinance may continue to be used, except that the sign shall not be:

1. Structurally altered to extend its useful life.

2. Expanded, moved, or relocated.

3. Re-established after a business has been discontinued for 90 days or more.

4. Re-established after damage or destruction of more than 50 percent of the sign, as determined by the Community Development Director.

Routine painting and maintenance shall not be deemed to constitute damage or destruction under the provisions of this section. Any nonconforming sign shall be required to be brought into conformance or removed as a condition of approval of any design review permit, minor use permit, or conditional use permit that is granted on the same site for the alteration, reconstruction or new use of the building for which the sign was formerly used.

C. Sign Copy Changes. Sign copy and sign faces may be changed when there is no change in the use of the site or when only a portion of a multiple-tenant sign is being changed. A change of ownership does not, in and of itself, constitute a use change.

D. New Signs on the Same Site. A new sign in conformity with this title may be approved for a site that contains nonconforming signs; provided, that the aggregate area of signs on the site does not exceed that allowed by SMC 10.42.060 (Sign and awning standards). [Ord. 1167 § 2, 2003.]

10.42.110 Removal of illegal signs.

A. Illegal Signs on Private Property. Any sign erected on private property without first complying with all ordinances and regulations in effect at the time of its construction or erection shall be deemed illegal and subject to enforcement action per Chapter 10.86 SMC (Enforcement). The City may initiate code enforcement action against the property owner and/or the business or person which is served by the illegal sign.

B. Illegal Signs on Public Property. Illegal signs located in a public right-of-way or on public property are not permitted and may be removed by the City. Once removed, the City shall notify the owner, if possible, that the sign has been impounded and may be redeemed after payment of a charge which approximates the cost of its removal and storage. However, if the owner does not redeem the sign within 14 days of the date of notification by the City, the City may dispose of the sign. Code enforcement action, per the City of Sausalito’s applicable code enforcement regulations, shall be initiated against any parties responsible for repeated violations of this section. [Ord. 1167 § 2, 2003.]