Mill Valley City Zoning Code
CHAPTER 20
74 SIGNS
§ 20.74.010 Purpose and intent.
The purpose and intent of this chapter is to:
A.
Protect the health, safety and general welfare of the town by regulating the location, type, size and appearance of signs;
B.
Protect and enhance the town's natural setting and small-town character;
C.
Encourage signs which are compatible with and complementary to the architectural design of the buildings where they are located;
D.
Encourage sound signing practices to identify businesses and inform the public;
E.
Establish sign regulations which are equitable to all businesses;
F.
Encourage creative and high quality signs which are compatible with the design guidelines in the General Plan; and
G.
Protect and enhance property values within the community.
§ 20.74.020 Definitions.
For the purpose of this chapter, certain words and phrases are defined as follows:
is any sign attached to or painted on an awning or canopy which in turn is attached to a building face.
is any wall of a building below the eaves which is visible from any outdoor public use area.
is a building mounted sign identifying the locations of businesses within the structure.
is a light source mounted outside the sign so as to cast light on the face of the sign.
is any sign installed by a public agency to direct traffic or inform the public.
is a sign supported by uprights or braces permanently placed on or in the ground and not attached to any building.
is a light source which is contained entirely within the sign.
is a light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change.
is a sign identifying multiple tenants within the building.
is any sign which complied with the sign regulations in effect when it was installed but does not comply with the current provisions of this chapter.
is any sign, the location of which prevents free ingress or egress from any door, window, or fire escape. This includes a sign attached to a standpipe.
is any sign advertising or identifying any business, product or activity not being conducted, sold or produced on the same property where the sign is located.
is any sign advertising or identifying any business, product or activity being conducted, sold or produced on the same property where the sign is located.
is any outdoor area used by the public, including but not limited to streets, parking lots, sidewalks, driveways and patios.
is any sign that may be displayed with no time limit as long as it conforms with the provisions of this chapter. A sign permit is required for all permanent signs except those signs listed in Section 20.74.030(B).
is a sign not permanently attached to the ground or a building and including, but not limited to, A-frame signs or sandwich signs.
is a sign attached to and projecting from the wall of a building or suspended from a canopy and not in the same plane as the wall.
is any sign material specially designed to enhance reflected light for the purpose of attracting attention.
is a sign advertising the following:
is any name, figure, character, symbol, outline, spectacle or other thing or device of a similar nature which identifies or announces a business, service or goods offered; attracts attention for advertising purposes; or produces light by the application of electric current to an inert gas such as neon. Any "sign" located on the exterior of a building is subject to the provisions of this chapter. Any "sign" located on the interior of a building is subject to the provisions of this chapter if it is clearly visible from any outdoor public use area, and: (1) has a source of internal illumination; or (2) does not have a source of internal illumination but is located within five feet of the glass through which it is visible.
is the smallest geometric shape which will enclose a sign as defined in this chapter plus the area of any background panel on which it is painted or mounted. It does not include the supporting structure or bracing unless the background and supporting structure are one and the same.
is a coordinated plan for all signs in a multiple tenant building or building complex including, but not limited to, master signs.
means a sign generally constructed of lightweight materials and not permanently affixed to the ground, which is intended for and displayed for a short or limited time duration.
is a sign on or attached to a wall of a building and on the same plane as the wall.
is a sign displayed on a window or within a window casement.
is a freestanding sign made of lightweight materials such as cardboard, plastic, or vinyl that is supported by a frame, pole, or other temporary support structure placed directly in the ground without foundation or other anchor.
(Ord. 1298 § 3, March 19, 2018)
§ 20.74.030 Signs allowed without permits.
The following signs are allowed without a sign permit so long as they are displayed in accordance with the limitations contained in this chapter. The size of each sign in this section is not included as part of the maximum sign area permitted by Section 20.74.060:
A.
Temporary signs shall not be placed on or affixed to any City property, including City rights-of-way.
B.
Temporary signs placed on private property are allowed in all zoning districts in compliance with the following standards:
2.
No signs which are prohibited, as defined in Section 20.74.050 shall be allowed as either temporary or permanent signs.
3.
Temporary Sign Standards.
STANDARDS FOR ALL TEMPORARY SIGNS ON PRIVATE PROPERTY | |
|---|---|
Standards Applicable to All Zones | |
Placement | Shall not create a hazard for pedestrian or vehicular traffic. |
Shall not be placed on a sidewalk or pedestrian pathway, public or private. | |
Prohibited elements | Any form of illumination, including flashing, blinking, or rotating lights. |
Animation. | |
Reflective materials. | |
Attachments, including, but not limited to, any balloons, ribbons, loudspeakers, etc. | |
Design and construction | Must be professionally crafted and of sufficient weight and durability to withstand wind gusts, storms, etc. |
Maintenance | Must be maintained in a good state of repair and neat appearance. |
Non-Residential Zones | |
Period of use | No limitation, but shall be maintained in a good state of repair and neat appearance. |
Area of all temporary signs at any one time | Max. 16 sq. ft. per business; excludes the area of temporary window signs and wall banner signs. |
Area of any individual sign | Max. 12 sq. ft. in size (may be single or double faced). |
Number of signs | Unlimited except that the total sign area of all temporary signs not exceed 16 sq. ft. per business. |
All Residential Zones | |
Period of use | No limitation, but shall be maintained in a good state of repair and neat appearance. |
Area of all temporary signs at any one time | Max. 16 sq. ft. per lot. |
Area of any individual sign | Max. 6 sq. ft. in size (may be single or double faced). |
Number of signs | Unlimited except that the total sign area of all temporary signs shall not exceed 16 sq. ft. |
Signs shall be measured based on the limits of the background or any frame or outline, not including structural supports. Where a sign message has no background material, the area shall be measured as the smallest rectangular shape that encompasses the total message. The area of a multi-faced sign shall be its maximum size based on a vertical plane (e.g., for a double-faced sign, only one side shall be measured). |
C.
Permanent signs are permitted as follows:
1.
Customer service information signs no greater than two square feet advertising credit cards accepted, days and hours of operation, and business affiliations. "Open" or "Closed" signs no greater than one square foot in size;
2.
Plaques identifying a building name and/or date which are an integral part of the structure and no greater than five square feet;
3.
One nameplate, no greater than one square foot, for each business entrance;
4.
One on-site directional sign no greater than five square feet;
5.
Governmental signs;
6.
A change in business name in the same color and style on any existing conforming or nonconforming sign;
7.
On-site fuel price signs maintained at a service station in accordance with state law;
8.
Barber poles with no moving parts; and
(Ord. 1298 § 4, March 19, 2018)
§ 20.74.040 Signs allowed with permits.
A sign permit, issued pursuant to Section 20.74.080, shall be required for the signs referred to in this section unless such signs are exempted under Section 20.74.030. The following limitations contained in the following paragraphs shall apply in addition to the maximum size provisions contained in Section 20.74.060.
A.
Wall signs, provided such signs do not project above an eave or parapet, do not interrupt the architectural details of the building and do not extend above the window sill of any second story.
B.
Ground signs, 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 (4.5 feet maximum height in Lytton Square/Town Center area as identified in the General Plan). Any ground sign located within 35 feet of the intersection of two streets or a street and driveway shall be reviewed by the Department of Public Works to confirm that it does not obstruct clear view of other vehicles or pedestrians entering the intersection.
C.
Permanent window signs, provided such signs do not obscure more than 25% of the area of the window to which they are affixed.
D.
Awning/canopy signs, including those projecting into the public right-of-way, provided such signs are at least 7.5 feet above any sidewalk and are not on the top surface of the awning/canopy.
E.
Projecting signs, provided such signs do not extend more than 42 inches beyond the building face including projection into the public right-of-way and are less than five square feet in size on each side.
F.
Illuminated signs, provided such signs comply with the following standards:
1.
Internal Illumination. These signs shall have letters, forms or figures that are lighter in color and intensity than the background or consist of individually lighted letters. Internal illumination is not allowed for any sign in the Lytton Square/Town Center area and the portion of the East Blithedale/Alto Center area east of Lomita Drive as identified in the General Plan. Internally illuminated signs may be appropriate on Lower Miller, Redwood Highway and the portion of the East Blithedale/Alto Center area west of Lomita Drive as identified by the General Plan.
2.
External Illumination. The area illuminated shall be the minimum amount necessary to light only the sign.
3.
Upon conducting a public hearing, the Zoning Administrator, Planning Commission or City Council may require reduction of the intensity of lighting after installation if it adversely impacts residents or adjacent properties or is not in keeping with the general level of illumination on surrounding properties.
G.
On-site directional signs with a total area greater than five square feet.
H.
Community service bulletin boards, provided they are used only for posting public announcements and notices. The size and location shall be approved by the Zoning Administrator pursuant to Section 20.74.080.
I.
Directory boards, provided they are mounted on the building and identify only separate businesses or offices in the building.
J.
Off-site real estate signs advertising multiple properties or units in a single development limited to one sign per development and not greater than 16 square feet per face.
§ 20.74.050 Signs which are prohibited.
For the reasons stated below, among others, the following signs are not allowed:
A.
Signs on public property or in the public right-of-way (see exceptions for awning/canopy signs, Section 20.74.040(D); projecting signs, Section 20.74.040(E); and City-approved banner poles, Section 20.74.030(A)(1). This is to ensure that no private or commercial use or event is promoted on public property.
B.
Signs projecting above the eave line or parapet. This is to prevent extension of the building's height and protect the architectural integrity of the façade.
C.
Portable signs including "A Frame" and "sandwich" signs. This is to prevent hazards to pedestrians and maintain continuity of the streetscape.
D.
Signs which move or have moving parts (except barber poles which require a permit), or have flashing illumination, or contain reflective material. This is to prevent distractions to motorists and pedestrians.
E.
Signs which produce light by the application of electric current to an inert gas light source such as neon, because they are inconsistent with the design guidelines in the General Plan.
F.
Obstructing signs, in order to prevent safety hazards.
G.
Signs imitating official traffic signs or signals. This is to prevent confusion to motorists and pedestrians.
H.
Off-site signs (see exceptions for real estate signs, Sections 20.74.030(A)(3) and 20.74.040(J)). This is to minimize duplication of signs and require signs to be on the site where business is conducted.
J.
Signs in a single family residential district except professional nameplates, real estate, political, or governmental signs. This is to retain the residential character of an existing neighborhood.
§ 20.74.060 Limits on size of permanent signs.
The signs listed in Section 20.74.040 shall comply with the following standards:
A.
The maximum sign area allowed for a ground level business, office or portion thereof, shall be one square foot for each linear front foot the business or office or portion thereof has an outdoor public use area, to a maximum of 75 square feet unless otherwise authorized by a sign program or conditions which apply specifically to that development.
B.
The maximum sign area allowed for an upper level business, office or portion thereof shall be no greater than two square feet unless otherwise authorized by a sign program or conditions of approval 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 part of a sign program approved by the Zoning Administrator, Planning Commission or City Council pursuant to Section 20.74.080.
D.
Each face of a permanent sign shall be deducted from the total sign area permitted for that business or office. However, with the exception of Section 20.74.030(B)(6), the face of each temporary or permanent sign permitted by Section 20.74.030 is not calculated as part of the total sign area permitted.
§ 20.74.070 Sign permit application requirements.
When a sign permit is required under the provisions of this chapter, the applications shall include the following:
A.
A completed application form which may be obtained from the Department of Planning and Building;
B.
The application fee as established by resolution of the City Council;
C.
The signed consent of the owner on whose property the sign is to be erected;
D.
Scaled elevations and sections along with a written description of the proposed installation method. The plans shall show any proposed lighting. Photos or elevations must show the precise location of the sign on the building or, for a ground sign, its location with respect to the street and adjacent buildings.
§ 20.74.080 Sign permit review procedure.
Sign permit applications will be reviewed by the Zoning Administrator unless the application is part of a development and/or entitlement requiring design review of elements other than signs, in which case the Planning Commission shall review the application.
An application for a sign permit shall be denied if the Zoning Administrator, Planning Commission or City Council makes any of the following findings:
A.
The proposed sign does not comply with any provision of this chapter;
B.
The proposed sign is not consistent with the design guidelines in the General Plan applicable to the specific area in which it is proposed;
C.
The sign will adversely impact the public health, safety or general welfare; or
D.
The proposed color, design, material or location of the proposed sign is incompatible with the architectural design of the building.
§ 20.74.090 Variances.
Where the Planning Commission or City Council finds that practical difficulties, unreasonable hardships, or results inconsistent with the general purpose of this chapter result from the application of these provisions, or a particular sign has historic community value, a variance may be granted as specified in Chapter 20.64 of this title. If a variance is approved on the basis that a sign has historic community value, the filing fee shall be refunded.
§ 20.74.100 Appeals.
Any decision made regarding a sign under this chapter by staff may be appealed to the Zoning Administrator. Any decision by the Zoning Administrator, either as an initial determination or as a decision after appeal may be appealed to the Planning Commission. Any decision by the Planning Commission either as an initial determination or as a decision after appeal may be appealed to the City Council. A decision by the City Council shall be deemed final. All appeals made under this section shall be made pursuant to the procedures in Chapter 20.100 of this title.
(Ord. 1332 § 1, December 6, 2021)
§ 20.74.110 Nonconforming signs.
Any nonconforming sign shall be either removed or made to conform with this chapter if the sign has been more than 50% destroyed and the destruction requires replacement of more than the face of the sign and the display cannot be repaired within 30 days of the date of its destruction. Routine painting and maintenance shall not be deemed to constitute damage or destruction under the provisions of this section.
§ 20.74.120 Illegal, unsafe and obsolete signs.
Any illegal, unsafe or obsolete signs may be removed by the City pursuant to the provisions of Division 3, Chapter 2.6 of the California Business and Professions Code. Illegal, unsafe and obsolete signs which are subject to such removal shall include the following:
A.
Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection, or
B.
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, or
C.
Any sign which is a danger to the public, is unsafe, or which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City.
Pursuant to California Business and Professions Code Section 5491.1, the Planning and Building Department shall conduct an inventory to identify all illegal and abandoned signs within the City. This inventory shall commence within six months after the date of the adoption of this ordinance and abatement procedures initiated for illegal or abandoned signs within 240 days of the date of the adoption of this ordinance. |
Signs located in a street right-of-way or on public property are not permitted and may be removed by a City employee. 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, it may be disposed of by the City. |
§ 20.74.130 Expiration, extension of approval.
A sign permit shall expire one year from the effective date of approval if the sign has not been installed or unless a different expiration date is stipulated at the time of approval. Prior to the expiration of a sign permit approval, the applicant may apply to the Director of Planning and Building for an extension of one year from the date of expiration. No more than two one-year extensions may be granted. The Director of Planning and Building may make minor modifications to the approved design at the time of the extension if he or she finds there has been a substantial change in the factual circumstances surrounding the originally approved design.
(Ord. 1129 § 1, July 5, 1994)