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HomeMy WebLinkAboutOrdinances (O-91-812)-04/16/1991 1 (J~. .-9-/S--fl <- L/.' :wp, ~ 2 ORDINANCE NO: 0-91-812 3 AN ORDINANCE AMENDING CHAPTER 3 OF THE COLLEYVILLE CODE BY MODIFYING SECTION 3 AND ESTABLISHING A NEW SIGN CODE, ESTABLISHING DEFINITIONS, REQUIRING PERMITS, PROVIDING FOR EXEMPTIONS FROM PERMITS, PROVIDING FOR THE REMOVAL OF SIGNS, ESTABLISHING A SIGN BOARD OF APPEALS AND A MUNICIPAL BOARD ON SIGN CONTROL, ESTABLISHING REGULATIONS CONCERNING THE NATURE, TYPE, SIZE, CONSTRUCTION AND LOCATION OF SIGNS, PROHIBITING CERTAIN TYPES OF SIGNS, ESTABLISHING PENALTY PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR PUBLICATION. 4 5 6 7 8 WHEREAS, the City Council finds that in order to promote the purposes enunciated in this Ordinance, the passage of this Ordinance is required. 9 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS AS FOLLOWS: 11 12 THAT section 3 of Chapter 3 of the colleyville sign Code be amended to read as follows: Sec. l: 13 14 SECTION 3: SIGN CODE 15 A. SHORT TITLE: This ordinance shall hereafter be known and cited as the "Sign Code" 16 B. PURPOSE: The purpose of this ordinance is to establish reasonable regulations for the design, construction, installation and maintenance of all exterior signs in the City of Colleyville in order to: 17 18 19 (a) balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs; (b) further the objectives of the comprehensive plan; 20 21 (c) protect the public health, safety, and welfare; (d) reduce traffic hazards; 22 23 (e) facilitate the creation of an attractive and harmonious community; 24 1 25 26 o -9/-S/:J..- 1 2 (f) protect property values; (g) promote economic development; and 3 (h) preserve the right of free speech exercised through the use of signs containing non-commercial messages. 4 C. DEFINITIONS 5 6 For the purpose of interpreting the Sign Code, the following definitions shall apply, unless clearly indicated to the contrary by usage or context. All words used in the present tense shall include the future tense. All words in singular shall include the plural, and all words in the plural shall include the singular. The word "shall" is mandatory and not discretionary. Terms not defined herein or in the building codes shall have their ordinary accepted meanings within the context with which they are used. Webster's New World Dictionary of American English, Third College Edition, Copyright 1988 by Simon & Schuster, Inc., shall be considered as providing ordinarily accepted meanings: 7 8 9 10 11 (1) Animation: Any visible mechanical movement in any sign, or apparent movement achieved by electrical pulsations or by other means, such as sequential light phasing. 12 13 (2) Awning: An architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Generally it is composed of a lightweight, rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials and may be illuminated. 14 15 16 (3) Banner: A temporary sign made of cloth, canvas or other light fabric. (4) Canopy: A canopy is a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. 17 18 19 (5) Dilapidated or Deteriorated Condition: Dilapidated or deteriorated condition shall mean any sign: 20 (a) where the structural support or frame members are visibly bent, broken, dented, deteriorated or torn to such an extent that a danger of injury to persons or property is created. 21 22 (b) where the sign or the structure relating thereto is not in compliance with a building or construction code adopted by the City. 23 24 2 25 26 [J - r / - t lJ- 1 2 (6) Erect/Erection: The term "erect" or "erection" means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. The terms shall also mean the repair or alteration of the sign where the cost of said repair is more than 60% of the cost of erecting a new sign of the same type at the same location. 3 4 5 (7) Flag: A piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message that is used or which is capable of use as a symbol or signal to attract attention. 6 7 (8) Facing or Surface: The word "facing" or "surface" shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. 8 9 (9) Gross Surface Area: The "gross surface area" of a sign is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two or more signs share a single structure, each sign or panel may be considered separately for the square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. 10 11 12 13 (10) Illuminated sign: The term "illuminated sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electrical lights, luminous tubes or other means. 14 15 (11) Incombustible Material: The term "incombustible material" shall mean any material which will not ignite at or below a temperature of l,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature. 16 17 (12) Illumination, Direct: Lighting by means of an unshielded light source, (including neon tubing, strobe, etc.) which is effectively visible as part of the sign, where the light travels directly from the source to the viewer's eye. 18 19 (l3) Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. 20 21 22 23 24 3 2& 28 c - 9 1- J7 I ~ 1 2 (14) Illumination, Internal: Lighting by light source which 1S within a sign having a background, silhouetting opaque letters or designs, within letters or designs which are themselves translucent material. means of a translucent or which is made of a 3 4 (15) Light Sources: Includes neon lights, fluorescent lights, incandescent lights, and any reflecting surface which, by reason of its construction and/or placement becomes in effect a source of light emission. 5 6 (16) Logo: A "logo" is any design or insignia of an organization, individual, company, product which is commonly used in advertising to identify that organization, individual, company or product. 7 8 9 (17) Non-Residential Zoning District: A "non-residential zoning district" means any zoning district designated as AG, C-PO, CN, CC, ML, PUD-C, or PUD-I zoning district, the primary use of which is for non-residential purposes, as shown on the official zoning map of the City of Colleyville. 10 11 (18) Non-Structural Trim: The term "non-structural trim" means the retainer, battens, capping, nailing strips, latticing and platforms which are attached to the sign structure. 12 13 (19) Off-Premise sign: The term "off-premise sign" means a sign which is used or intended to be used to attract attention to activities, commodities, services or other endeavors not offered on the premises on which the sign is located. 14 15 (20) On-Premise sign: The term "on-premise sign" means a sign which promotes or advertises activities, commodities, services or endeavors which are offered on the premises on which such sign is located. 16 17 (21) outdoor Display of Merchandise: Any display of merchandise outside of the structure on the property in which such merchandise is sold, stored, or maintained, whether said display is for the purposes of sale or advertisement. 18 19 (22) Pennant: A "pennant" is a wind device, usually triangular in shape and attached to a single cord. 20 21 (23) Premises: Any parcel of real property, together with all buildings and structures thereon. (24) Person: Shall mean and include any corporation, partnership, association, or individual. 22 23 (25) Residential zoning District: A "residential zoning district" means any zoning district designated as RE, R-40, R-30, 24 4 25 26 D~ 11-(1d-- 1 2 R-20, R-l5, RD, RMF or any PUD-R, or any residential zoning district, the primary purpose of which is residential in nature as shown on the official zoning district map of the City of Colleyville. 3 4 (26) Search Light: An apparatus for projecting a beam or beams of light, in excess of 2,000,000 peak candlepower or 250,000 lumen. 5 6 (27) Setback: The distance from the property line or right of way line of all streets adjacent to the premises on which a sign is located. 7 (28) sign: A "sign" is any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter. A sign may include, but is not limited to, any device, display, flag, banner, pennant, beacon, light, insignia, name, number, identification, illuminated strip or accent, outdoor display of merchandise, or any other medium capable of imparting information. 8 9 10 11 (29) sign, A-Frame: An "A-Frame sign" is any freestanding sign constructed of two panels in the form of an A or inverted V, with a maximum angle between the panels of forty-five degrees. 12 13 (30) sign, Agricultural: An "agricultural sign" is any sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry, raised, quartered or sold thereon. 14 15 (31) sign, Amenity: An "amenity sign" is any advertising options, features, or conveniences offered business and installed in a temporary manner. sign by a 16 17 (32) sign, Apartment: An "apartment sign" is any sign identifying an apartment building or complex of apartment buildings. 18 (33) sign, Awning: An "awning sign" is any awning 19 displaying a business name or logo. 20 (34) sign, Billboard: A "billboard sign" is any sign which promotes or advertises commodi ties or services and the erection or maintenance of the sign of primary use of the land upon which the sign is located. A billboard sign shall include, but is not limited to, those signs whose message space is available for lease, rent or hire, separate and apart from any commodity or service which is not limited to being offered solely on the premises on which such sign is located. 21 22 23 24 5 25 26 O~9/-t/d- 1 2 (35) sign, Changing (Automatic): A "changing sign" or "automatic sign" is a s1gn such as an electronically or electrically controlled public service time, temperature, and date sign, message center or reader board, where different copy changes are shown on the same lamp bank. 3 4 (36) sign, Construction: A "construction sign" is any temporary sign identifying the property owner, architect, contractor, subcontractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. 5 6 7 (37) sign, Development: A "development sign" is any temporary, on-site promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote a sub-division and not any particular builder. (38) sign, Directory: A "directory sign" is any sign listing the occupants within a shopping center, industrial site, retail district, office districts, and commercial sites located on the same premises. 8 9 10 11 12 (39) sign, Fence: A "fence sign" is any sign which is affixed or attached to a fence, whether permanent or temporary. 13 (40) sign, Flashing: A "flashing sign" is any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or any externally mounted light source. 14 15 A "general business sign" a business, profession, sold or offered on the 16 (41) Sign, General Business: is any sign which is used to identify service, product or activity conducted, premises where the sign is located. 17 (42) sign Ground (Permanent): A "permanent ground sign" is any sign, which is erected on a vertical framework consisting of two or more uprights supported by the ground. 18 19 (43) sign, Ground (Temporary): A "temporary ground sign" is any sign which has a display surface comprised of non-permanent letters which allows a change of copy by adding or removing letters and is temporarily fixed to a vertical framework consisting of two or more uprights and which is designed to be readily movable from site to site. 20 21 22 (44) sign, Illegal Nonconforming: An "illegal nonconforming sign" is a sign which was in violation of any of the ordinances of the City of Colleyville governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all such 23 24 6 25 26 ()~ P 1- tlr~ 1 2 ordinances, including this code, and which shall include signs which are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other structures. 3 (45) siqn, Identification: An "identification sign" is any sign which is used to identify shopping centers, industrial sites, retail districts, commercial subdivisions and commercial sites. 4 5 (46) Siqn, Inflatable: An "inflatable sign" is any 6 hollow sign expanded or enlarged by the use of air or gas. (47) Siqn, Institutional: An "institutional sign" is any sign used to identify schools, churches, hospitals or similar public or quasi-public institutions. 7 8 9 (48) siqn, Leqal Nonconforminq: A "legal nonconforming sign" is any sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to all of the applicable regulations and restrictions of the Sign Code. 10 11 (49) siqn, Marquee: A "marquee sign" is any permanent structure which is attached to and supported by a building and which projects outward from the building. 12 13 (50) siqn, Monument: A "monument sign" is a sign in which there is a solid base and no visible space between the sign and the ground level. The sign is not mounted on visible poles, struts, wires or other structures. 14 15 (51) siqn, Model Home: temporary sign identifying a new unfurnished, as being the builder or public for inspection. A "model home sign" is any home, either furnished or contractor's model open to the 16 17 (52) siqn, MUlti-purpose: A "multi-purpose sign" is an identification sign combined with either of the following: (a) a directory sign; and/or 18 19 (b) a reader board sign. (53) siqn, Nameplates: A nameplate is a sign which identifies only the name of an individual, firm, or corporation which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. 20 21 22 23 (54) siqn, Obsolete: An "obsolete sign" is any sign which previously was a legal sign, or a legal, non-conforming sign but the commodity and/or service promoted or advertised by said 24 7 25 26 (). 9/- Sf /,9-- 1 2 sign is no longer offered in accordance with the content of the sign. 3 (55) Sign, Pole: A "pole sign" is any sign supported by a single, free-standing pole, and having no guys or braces. 4 (56) sign, Political: A "political sign" is any sign which promotes a political issue or a particular candidate for public office. (57) sign, Portable: A "portable sign" is any sign which is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids and similar mobile structures. 5 6 7 8 (58) sign, Private Sale: A "private sale sign" is a temporary sign used to announce a sale on a private homeowner's property. The following include, but are not limited to: estate sales, garage sales, porch sales, rummage sales, sample sales, and yard sales. (59) sign, projecting: A "projecting sign" is any sign, except an awning, which projects from a building which has one end attached to a building or other permanent structure. 9 10 11 12 13 (60) sign, Reader Board: A "reader board sign" is any sign comprised of non-permanent letters which allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this ordinance. 14 15 (61) sign, Real Estate: A "real estate sign" is any temporary or permanent sign pertaining to the sale or rental of property, and advertising property only for use for which it is legally zoned. Such signs shall include, but shall not be limited to, the following: 16 17 (a) SUbdivision-Development Real Estate Sign: An on-site sign providing identification and information pertaining to a residential or commercial development. 18 19 (b) SUbdivision-Directory Real Estate Sign: An on- site sign identifying the builders in the subdivision. 20 (c) Subdivision-Entry Real Estate Sign: A sign advertising or providing information about a residential or commercial subdivision. 21 22 (d) Subdivision-Off site Real Estate sign: A sign providing direction to or information about a residential or commercial subdivision. 23 24 8 25 26 o - 9/- J7 /d- 1 2 (e) Subdivision-Wall Plaque Real Estate sign: A permanently affixed sign attached to the entryway or perimeter wall of a subdivision to identify the subdivision by a name or logo. 3 (f) Temporary-On site Real Estate Sign: A sign not to exceed 8 square feet in area announcing the offering for sale or rent of a residential or commercial property on which the sign is located. 4 5 6 (g) Temporary-Off site Real Estate Sign: A sign not to exceed 8 square feet in area, providing directions or information about the sale or rent of a residential or commercial property. 7 8 (62) Sign, Roof: A "roof sign" is any sign erected upon or above a roof or parapet of a building or structure. 9 (63) signs, Seasonall special Sales: A "seasonal sign" or "special sale sign" is a sign which is temporary and is limited to a specific activity or in the celebration of holidays or other special events. 10 11 (64) sign, Subdivision Directional: A "subdivision directional sign" is a sign which is both temporary and directional in nature. Such signs may be placed during the weekends only, from 12:00 noon on Friday to 12:00 noon on Monday. Such signs may be located on or off premise. Text on such signs may only contain the name of the subdivision which must be located within the City of Colleyville, Texas. 12 13 14 15 (65) sign, Temporary: A "temporary sign" is a sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. At the end of such period of time, such sign shall be removed. Temporary signs shall include, but shall not be limited to: banners, flags, pennants, searchlights, vehicle mounted signs, construction signs, development signs, ground signs, inflatable signs, model home signs, political signs, off-premises real estate signs, on-premises real estate signs, strobe lights, garage sale signs, and outdoor display of merchandise. 16 17 18 19 20 (66) Sign, Vehicle Mounted: A "vehicle mounted sign" is a sign displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor, semi-trailer or other vehicle, whether or not such vehicle is in operable condition. 21 22 (67) sign, Wall: A "wall sign" is any sign erected flat against an exterior wall, supported by the wall, and having the sign face parallel to and not more than twelve inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a "wall sign". 23 24 9 25 26 v - f 1- II /+ 1 2 (68) sign, window: A "window sign" is any sign, banner, poster, or display located on the internal and/or external surface of the window of any establishment which advertises services, products or sales available within said establishment or which announces the opening of said establishment. 3 4 D. ADMINISTRATION 5 (1) sign Permit Required. No person shall erect any sign nor shall any person allow the erection or display of any sign upon property owned or controlled by him without obtaining a permit for said erection from the building official, pursuant to the terms of the Sign Code, except as allowed by part D(4) hereof. 6 7 8 (2) Existing Temporary signs. Any temporary permit allowing a sign issued prior to of the Sign Code shall not be renewed upon the the temporary permit. 9 the adoption expiration of 10 (3) Application tor sign Permit. The application for a sign permit shall be in a form approved by the building official which shall contain the following information: 11 12 (a) Sign use classification. 13 (b) Name, address and telephone number of the applicant. 14 (c) name, address and telephone number of the owner of the property on which the sign is to be located. 15 16 (d) Name, address and telephone number of the lessee the sign is to benefit, if any. 17 (e) Name, address and telephone number of the person erecting the sign. 18 (f) Scaled site plan showing: 19 (i) location of the building, structure or tract to which or upon which the sign is to be attached or erected, (ii) the position of the sign in relation to nearby building structures or such other related signs. 20 21 (g) Such other information as may be requested by 22 the building official, including, without limitation, engineered construction drawings of the sign. 23 (4) Exemptions trom Requirement tor Permit. 24 10 25 26 () -9/-i/J- 1 2 A permit shall not be required for erection of any of the following signs; provided, however, such signs shall otherwise comply with all other applicable provisions of the sign code: 3 4 (a) a sign not exceeding eight square feet in area, which advertises the sale, rental or lease of the premises on which said sign is located. There shall be no more than one such sign per premise. The sign shall be removed upon the completion of the sale or lease of the premises. 5 6 (b) nameplates not exceeding one square foot in 7 area. 8 (c) political signs not exceeding twelve square feet in area located on private property, by or with the permission of the owner of the property; provided, however, political signs which advertise or promote a particular individual for office or a particular issue shall not be erected more than 30 days prior to the election in which such individual or issue shall be voted upon and said political sign shall be removed within 3 days after said election. 9 10 11 12 (d) construction signs, not exceeding a total of l6 square feet in area, denoting the architect, engineer or contractor, and placed upon the premises under construction. said construction signs shall not be placed on the premises prior to construction and shall be immediately removed upon completion of construction. 13 14 15 (e) occupational signs, not exceeding two square feet in area, denoting only the name and profession of an occupant in a commercial building or public institutional building. There shall not be erected more than one occupational sign per person. 16 17 (f) memorial signs or tablets, the names of buildings and dates of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. 18 (g) flags, emblems and insignia of any governmental body and decorative displays for holidays or pUblic demonstrations which do not promote or identify any person or the goods and services supplied by a person. 19 20 21 (h) a flag, emblem or logo of a person which is erected on a free standing flag pole 35 feet or less in height, where the flag, emblem or logo displayed on a flagpole does not exceed 32 square feet in maximum gross surface area, the flagpole is set back a minimum of 20 feet from the front property line and 8 feet from the side property line, and the flagpole is separated by a minimum of 60 feet from any other freestanding sign. 22 23 24 11 25 26 D-91-f~+ 1 2 (i) non illuminated, directional signs not exceeding 8 square feet, provided such directional signs do not contain advertising and are not used as such. 3 (j) any sign erected by or under the authority of 4 the city. 5 (k) signs located inside a building, which are not visible from the exterior of the building. 6 (1) temporary banners, flags or pennants which are attached securely to the front or side of a building structure; provided, however, banners, flags or pennants shall not be attached to the building structure and displayed for more than three consecutive 30 day periods during the calendar year. Banners, flags or pennants shall be kept in good repair and remain firmly anchored or secured to the structure. The erection or display of banners, flags or pennants pursuant to this provision without a permit shall be conditioned upon the person erecting said banners, flags or pennants giving the building official l5 days notice prior to such erection. 7 8 9 10 11 (5) Fees 12 (a) Every application for a permanent sign shall be accompanied by a non-refundable fee of $35.00 for the processing and issuance of the permit. 13 14 (b) Every application for a temporary sign permit shall be accompanied by a non-refundable fee of $25.00 for the processing and issuance of the permit. 15 (c) Every application for the use of a search light constituting a sign shall be accompanied by a non-refundable fee of $25.00 for the processing and issuance of the permit. 16 17 (d) Every application for an illuminated sign shall be accompanied by a non-refundable fee of $60.00 for the processing and issuance of the permit for the sign, electrical permit and inspection. 18 19 (6) Issuance of Permit and Expiration. (a) On the determination by the building official that the applicant for a sign permit has complied with all applicable portions of the sign Code and that the proposed sign complies with the Sign Code, the building official shall issue a sign permit to the applicant. 20 21 22 23 (b) The issuance of a permit for a permanent sign shall be automatically revoked l80 days after the date of issuance 24 12 25 26 o - 9/- ~ / d-- 1 2 of the permit in the event the construction of the sign authorized by the permit has not been commenced within said l80 days. 3 (c) A temporary sign permit shall be valid only for the period indicated in the Sign Code and the sign shall be removed immediately upon expiration of the time period stated in the permit. 4 5 (7) Permit Revokable. 6 (a) The building official may suspend or revoke any sign permit whenever he shall determine that the permit has been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of any provision of the Sign Code, any other ordinance of the City, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the owner of the sign or the owner of the premises on which the sign is located. Any sign the subject of a revoked permit shall be immediately removed by' the person in control of the sign or premises upon which the sign is located within 15 days of written notice of revocation. 7 8 9 10 11 12 (b) A person may appeal the revocation of the sign permit to the s1gn board of appeals by filing with the building official written notice of an intention to appeal within lO days after receipt of written notice of revocation. The decision of the Sign Board of Appeals shall be reviewed, approved, reversed and/or modified by the City Council. 13 14 15 (c) Notice of revocation shall be deemed to have been received when deposited in the mail, postage prepaid, addressed to the owner of the premises, the owner of the sign, and the tenant for whose benefit the sign is erected as listed in the permit application. 16 17 E. SIGN REMOVAL 18 (1) Removal of certain signs Upon Notice. The owner of any property upon which any of the following signs are located shall immediately remove the sign upon notice from the building official: 19 20 (a) Any illegal, non-conforming sign. 21 (b) Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance operations or for changing letters, symbols or other matters on the sign. The sign shall be deemed to be substantially destroyed or dismantled if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. 22 23 24 13 25 26 o - ?I-P/~ 1 2 (2) Repair of or removal of dilapidated or deteriorated signs. 3 Upon determination by the building official that a sign is in a dilapidated or deteriorated condition, the building official shall give notice of said determination to the owner of the sign, or the owner of the property on which the sign is erected and the lessee the sign is to benefit. Said notice shall further specify a time period in which said dilapidated or deteriorated condition must be corrected. In the event the dilapidated or deteriorated condition is not corrected within the time provided in the notice of the building official, then the owner of the property on which said sign is erected and the owner of the sign shall immediately remove the sign. 4 5 6 7 8 (3) Removal of signs under the authority of the Municipal Board on sign control. 9 (a) Creation of Board. The Mayor of the city shall appoint a Municipal Board on sign control. The Board shall consist of two real estate appraisers, each of whom is a member in good standing of a nationally recognized professional appraisers society or a trade organization that has established a code of ethics, educational program and professional certification program; one person engaged in the sign business in the municipality; one employee of the State Department of Highways and Public Transportation who is familiar with real estate valuations and eminent domain proceedings; and one architect or landscape architect licensed by the State of Texas. A member of the Board shall serve for a term of two years from the date of his appointment. 10 11 12 13 14 15 (b) Referral of signs to Board on sign 16 control. 17 Upon determination by the building official that a sign is not in conformity with the sign code and should be removed, the building official shall issue an order requiring removal of the sign. Said order shall be delivered to the owner of the sign and the owner of the property on which the sign is situated. The owner of the sign and the owner of the property on which the sign is situated shall remove the sign in accordance with the order of the building official. A copy of the order requiring the removal of the sign shall be forwarded to the board on sign control which shall conduct a hearing and provide for compensation in accordance with the provisions of Chapter 216 of the Texas Local Government Code. 18 19 20 21 22 (4) Removal by city. In the event any owner of property on which a sign is situated fails to comply with any order issued by the building official for removal of a sign under the sign code, then the City may undertake to remove said sign in compliance with 23 24 14 25 26 () ,9/- ? / d-- 1 2 the order. The owner of the land on which the sign is situated and the owner of the sign shall pay all costs incurred by the City in the removal. 3 F. SIGN BOARD OF APPEALS 4 (1) Creation of Board of Appeals. There is hereby created a sign Board of Appeals consisting of seven members who shall consider and recommend to the Council the grant of variances from the provisions of the sign code where it appears that the provisions would work a manifest injustice. In making such determinations, the Board shall consider such factors as the type of sign, the location, the existence of signs in the general area, and such other factors as they deem pertinent, having due regard for the purpose and intent of the sign code to provide public safety, adequate lighting, open space and air, to conserve land, protect property values and encourage the highest and best use of property. 5 6 7 8 9 10 (2) Appointment and Term. Members of the Sign Board of Appeals shall be appointed by the City Council and shall be removable without cause by the Council. A member so appointed shall hold office for a term of two years except in the case of appointments to fill vacancies for unexpired terms. Four members of the Board shall be selected on even years and three members on odd years. In the event of a vacancy, the Council shall appoint a member to serve for the unexpired term. Members shall serve until May 31 of the year of their terms' expiration or until a successor is appointed and his successor shall serve until May 31, two years thereafter or until their successors are appointed. The Board shall be composed of members of varying backgrounds and should include representatives from the business community, electricians, sign company representatives, architects, engineers, real estate appraisers, highway department employees and the general citizenry. 11 12 13 14 15 16 17 (3) Procedures of Board. The Board shall elect a chairman and a vice-chairman, who shall preside in the chairman's absence. The Code Enforcement Department of the City shall provide staff support to the Board. The minutes of the meetings shall be recorded, showing the vote of each member upon the question, and shall be made a matter of public record. Five members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the chairman and vice-chairman, the five members constituting the quorum shall elect for that meeting a member to preside as acting chairman and to assume all duties of the chairman. The concurring vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sign Board of Appeals shall meet monthly provided there has been an appeal or request for variance filed with the building official fourteen days prior to the meeting date. 18 19 20 21 22 23 24 15 25 26 [)- 9/-J7/;l. 1 2 (4) Variance. A person may request a variance from the sign Code by filing said request with the building official. Any request for a variance shall be accompanied by a non-refundable filing fee of $50.00. Said request for variance shall be referred for consideration to the Sign Board of Appeals. In considering a request for a variance to the provisions of the sign code, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the affect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the affects of the variance on the general plan of regulations of signs within the City. 3 4 5 6 7 8 (5) Report to council and Approval of Report. The sign Board of Appeals will submit a report with the granting of any variance to the sign code to the City Council as its next regularly convened meeting. The variance shall be deemed granted upon approval of the decision of the Sign Board of Appeals by the City Council. 9 10 11 G. LIMITATIONS APPLICABLE TO SIGNS REQUIRING A PERMIT. (1) Limitations for permanent, On-Premise signs Attached 12 to Structures 13 (a) No permit for the erection of a permanent sign attached to a structure shall be issued, except for the purpose of an agricultural sign, apartment sign, directory sign, general business sign, identification sign, institutional sign, multi- purpose sign, or real estate sign. 14 15 (b) All permanent, on-premise signs attached to structures shall comply with the following standards: 16 17 (1) Projecting Signs. The horizontal portion of any projecting sign shall not extend more than six feet, six inches from the building face and shall not be closer than two feet from the curb line. The height of the sign shall not exceed two feet. Such signs shall be an integral part of the architectural design of the building. vertical clearance shall be subject to the requirements of sub- sections (8) and (9) of this section. Projecting signs may be illuminated. 18 19 20 21 (2) Marquee Signs. Marque signs shall be built as an integral part of the marque and shall be constructed of incombustible material. The maximum gross surface area of a marque sign shall be 40 square feet or the product of two times the lineal footage of the building or store frontage on which the sign is located, whichever is greater, and shall not be closer to the curb than two feet from the 22 23 24 16 25 26 O~91-fIA 1 2 curb line. Marque signs shall not have a vertical height of more than six feet nor exceed 75% of the width of the building or store frontage to which they are attached. Marque signs shall not extend above the wall to which they are attached. vertical clearance shall be subject to the requirements of sub-section (8) and (9) of this section. Marque signs may be illuminated. 3 4 5 (3) Wall Signs. The maximum gross surface area of a wall sign shall be 40 square feet or the product of two times the lineal footage of the wall which such signs are located, whichever is greater. Wall signs shall not have a vertical height of more than six feet, nor exceed 75% of the width of the wall area to which it is attached. Vertical clearance shall be subject to the requirements of sub-sections (8) and (9) of this section. Wall signs shall not extend above the wall to which they are attached. Where two or more wall signs are installed in a single wall area, the gross surface area may not exceed two times the lineal width of the wall on which the signs are located. Such signs shall not be arranged as to have a vertical height of more than six feet. The combination of the sign widths, when placed side by side, shall not exceed 75% of the width of the wall area to which they are attached. General business wall signs must be located over the premises which they advertise. Wall signs may be illuminated; provided, however, illuminated wall signs on rear building facades are prohibited. 6 7 8 9 10 11 12 13 (4) Awning Signs An awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet in height. The awning shall not be placed less than eight feet above the walking surface below. Art work or copy on awning signs shall be limited to a business name and/or logo and shall not exceed 20% of the area of the awning and shall extend for no more than 50% of the length of the awning. Awning signs may be illuminated. 14 15 16 17 18 (5) Canopy signs. A canopy sign may be placed on or may be an integral part of the face of a canopy. The sign may consist of only the name and/or logo of the business at the location of the canopy and may be no greater in size than lO% of the face of the canopy of which it is a part or to which it is attached and shall not extend beyond the face of the canopy either vertically or horizontally. An illuminated strip may be incorporated into the canopy. The strip may not extend along the entire length of the face of the canopy. width or thickness of the strip shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of the canopy is limited to the portions of the canopy face on which a sign or strip is permitted. 19 20 21 22 23 24 (6) Subdivision Wall Signs or Plaques. 17 25 26 [;-7/-!/+ 1 2 Subdivision wall signs or plaques shall not exceed l5 square feet in area. Subdivision wall signs or plaques are limited to one per subdivision entryway and may be illuminated by means of spot lighting only. Subdivision wall signs or plaques shall only be attached to approved masonry screening wall. 3 4 (7) Window Signs. Window signs may be placed so as not to obscure more than 25% of the visible window area available in the absence of any signs. Where multiple windows exist, fronting on a single elevation, the 75% visibility shall be maintained for the total window area on said elevation. 5 6 7 (8) Subdivision Directional Signs. Temporary subdivision directional signs may be placed in the public right-of-way or on private property. If placed in the public right-of-way adjacent to developed property it will require the permission of the adjacent property owner. There shall be no more than twenty (20) signs for anyone subdivision. Each sign shall not exceed an area of six (6) square feet and may be placed from 12:00 noon on Friday to 12:00 noon on Monday. A special permit will be required for these types of signs and such permit shall be renewed on a annual basis. Cost of the permit will be fifty dollars ($50.00) for each subdivision. (9) projection over Public Property If the vertical clearance of the sign above the ground is less than eight feet, no projection is permitted. If the vertical clearance of the sign above the ground exceeds eight feet, a projection of up to four feet or one-third of the width of the sidewalk below, whichever is less, is allowed. 8 9 10 11 12 13 14 15 (10) Projection Over Private Property. Projections other than awning or canopy signs over private property shall be allowed over pedestrian sidewalks, walkways and corridors, but not to exceed the following: 16 17 18 vertical Clearance less than 8 feet 8 feet or more Maximum Projection 3 inches 4 feet 19 20 (2) Limitations on Permanent, On-Premise Freestandinq siqns. 21 (a) No permit shall be issued for a permanent, on- premises, freestanding sign except for the purpose of an agricultural sign, apartment sign, directory sign, general business sign, identification sign, institutional sign, multi-purpose sign, or real estate sign. 22 23 24 18 25 26 t - C; 1- f / J-- 1 2 (b) All permanent, on-premise, freestanding signs shall be monument signs except for pole signs which are allowed in non-residential zoning districts with frontage on a roadway having a 55 mile per hour or greater speed limit as provided in part G(2) (b) (3) hereof. 3 4 (c) All permanent, on-premise, freestanding, signs shall comply with the following standards: (1) Agricultural signs. Agricultural signs may be erected in agricultural (AG) zoning districts. The maximum gross surface area of the sign shall be 50 square feet per side. Agricultural signs shall have a maximum height of fifteen feet and shall be set-back a minimum of 30 feet from the front property line. There shall be a minimum of 200 feet spacing between the agricultural sign and any other freestanding sign. 5 6 7 8 9 (2) Apartment Signs. Apartment signs may be erected in any residential zoning district which allows apartments as a use. The maximum gross surface area of an apartment sign shall be 25 square feet per side. An apartment sign shall have a maximum height of ten feet and shall have set-back a minimum of l5 feet from the front property line. Apartment signs are limited to one per street front. 10 11 12 13 (3) Freeway Signs On-premise freeway signs may be erected only in districts zoned CC, ML, CPO and AG where the property on which the sign is located is directly adjacent to a thoroughfare where the legal speed limit is 55 miles per hour or greater. Pole signs are allowed. The maximum gross surface area of on-premise freeway pole signs shall be 250 square feet per side. On-premise freeway pole signs shall have a maximum height of 35 feet and a minimum set-back of 30 feet from the property line adjacent to the thoroughfare. In the event the property is located at or near an intersection, the sign shall be set-back a minimum of 50 feet to the corner of any intersection. Where a monument sign is used, the maximum gross surface area of an on-premise, freeway, monument sign shall be lOO square feet. On-premise freeway monument signs shall have a maximum height of l2 feet and a minimum set-back of 30 feet from the front and side property lines. There shall be a minimum of 500 feet spacing between on-premise freeway pole signs and a minimum of 60 feet from any other freestanding sign. On-premise, freeway, monument signs shall have a minimum separation of distance of 60 feet from any other freestanding sign. 14 15 16 17 18 19 20 21 22 (4) General Business signs General business signs shall be erected only in non-residential zoning districts. The maximum gross surface area of a general business sign shall be 90 square feet per side for a 23 24 19 25 26 {)-9/-t/d- 1 2 monument style sign. The maximum height of a monument, general business sign shall be lO feet and shall be set-back from the front property line a minimum of eight feet and a minimum of 30 feet from the side property line. General business signs shall have a minimum separation distance of 60 feet from any other free-standing sign. General business signs shall be constructed of non- combustible materials. Such signs are to be supported by non- combustible supports which are in a finished condition. (Wood or unfinished steel is not allowed). 3 4 5 6 (5) Identification/Directory Signs. Identification/directory signs shall be erected only in non-residential zoning districts. The maximum gross surface area of identification/directory signs shall be 150 square feet per side. The maximum height of identification/directory signs shall be 10 feet and said signs shall be set-back a minimum of eight feet from the front property line and 30 feet from the side property line. Identification/directory signs shall have a minimum separation of 60 feet from any other free standing sign. Identification or directory signs shall be constructed by materials that are incombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by non- combustible supports in a finished manner. (Wood or unfinished steel is not allowed). 7 8 9 10 11 12 13 (6) Institutional signs Insti tutional signs may be erected only in zoning district which allow the institution the sign advertises as a use. The maximum gross surface area of an institutional sign shall be 32 square feet per side. The maximum height of an institutional sign shall be lO feet and shall have a minimum set- back from the front property line of l5 feet. Only one institutional sign per street front is allowed. 14 15 16 (7) Multi-Purpose Signs. 17 (a) The various portions of a multi- 18 purpose sign shall have the following surface areas: 19 Puroose Identification Directory Reader Board Maximum Gross Surface Area/Side 50 square feet 70 square feet 30 square feet 20 21 provided, however, multi-purpose signs may have any combination of directory and reader board area so long as the maximum gross surface area does not exceed lOO square feet per side. 22 23 (b) A multi-purpose sign shall have a maximum total gross surface area of l50 square feet per side; provided, however, a multi-purpose sign may have a maximum gross 24 20 25 26 u - ii-lid-- 1 2 surface area of 225 square feet per side so long as a rectangle drawn around the area actually occupied by the advertising copy is limited to the gross surface area of 150 square feet. 3 (c) Multi-purpose signs may be erected in any non-residential zoning district. 4 5 (d) MUlti-purpose signs shall have a maximum height of 10 feet and shall have a minimum set-back of 30 feet from the front and side property lines. No more than one multi-purpose sign shall be erected per street front and there shall be a minimum separation distance of 60 feet from any other free standing sign. 6 7 8 (e) Multi-purpose signs shall be constructed of non-combustible materials. Such signs are to be supported by non-combustible supports which are in a finished condition. (Wood or unfinished steel is not allowed). 9 10 (8) Subdivision Entry signs. Subdivision entry signs may be erected only in residential zoning districts. The maximum gross surface area of a subdivision entry sign shall be 30 square feet per side. The maximum height of a subdivision entry sign shall be three feet; provided, however, the sign height shall be limited so as not to obstruct the vision of automobile drivers entering and exiting the subdivision. Subdivision entry signs shall have a minimum set- back of five feet from the front property line. No more than two subdivision entry signs may be erected per subdivision. 11 12 13 14 (9) Projections or Overhangs. 15 Any projecting or overhanging portion of a freestanding sign must be a minimum of ten feet above any walkway 16 and fourteen feet above the roadway or other driving surface. 17 (10) Attachments to Freestanding signs. No guys, braces, attachments, banners, flags, balloons, or other similar devices shall be attached to any freestanding sign, except as may be providing by a temporary permit. 18 19 (11) Bollard, Wheel or Bumper Guard Protection for Freestanding Signs. Freestanding signs shall be protected by wheel or bumper guards when deemed necessary by the building official in order to insure safe operation of vehicular traffic in and around the sign. 20 21 22 (12) Additional Limitations on Number, Size, 23 and Location of Freestanding signs. 24 21 25 26 D-9/-f/;L 1 2 Notwithstanding any other provision hereof to the contrary, permanent, freestanding signs shall be limited as follows: 3 (a) No more than one freestanding sign shall be allowed per developed lot, and in the event a building encompasses more than one developed lot, then no more than one freestanding sign shall be allowed for said building. (b) In non-residential zoning districts where the developed lot fronts on a street having a speed limit of less than 55 miles per hour, the following additional limitations shall be applicable: 4 5 6 7 8 ( i) Area: the maximum gross surface area per side of the sign shall not exceed an amount equal to the product of .4 feet times the number of frontage feet of the lot, not to exceed l50 square feet. 9 10 (ii) Height: for lots with frontage of 1-99 feet, the sign height shall not exceed five feet. For lots exceeding 99 feet of lot frontage, the sign height shall not exceed five feet, plus one foot of sign height for each additional 20 feet of lot frontage over 99 feet, not to exceed 30 feet in height. 11 12 13 (iii) Set-Back: set-back from the front property line shall be a minimum of lO feet or the product of 1.43 times the sign height, whichever is greater. 14 (iv) spacing: freestanding signs shall not be placed closer to a side lot line than the distance equal to 1/4 of the lot frontage. 15 16 (c) Limitations for freestanding signs in non-residential zoning districts with frontage on roadways having a 55 mile per hour speed limit or greater: 17 18 ( i) Area: The maximum gross surface area per side of an on-premise, freeway, pole sign shall be the product of .4 feet times the number of frontage feet in the lot or 250 square feet, whichever is less. The maximum gross surface area of an on-premise, freeway, monument sign shall be the product of .4 feet times the number of frontage feet in the lot, or lOO square feet, whichever is less. 19 20 21 (ii) Height: for lots with frontage of 1-99 feet, sign height shall not exceed 20 feet. For lots exceeding 99 feet of lot frontage, the sign height shall not exceed 20 feet, plus one foot of sign height for each 40 feet of lot frontage over 99 feet, not to exceed 35 feet in height. 22 23 24 22 25 26 0-9/-ff/J- 1 2 (iii) Set-Back: the sign shall be set back from the front property line a minimum of the product of 1.22 times the sign height. 3 (iv) Spacing: the sign shall not be placed closer to a side lot line than a distance equal to l/4 of the lot frontage. 4 5 6 (3) Prohibition of permanent, Off-Premise signs, Whether Attached to Structures or Freestanding. 7 No permit shall be issued for the erection of any permanent, off-premise sign, whether said sign is attached to a structure or freestanding, with the following exception: 8 9 (a) Institutional Off-Premise signs meeting the following restrictions: 10 (1) Shall be directional in nature. 11 (2) A limit of two (2) signs per institution. 12 (3) Gross square footage of each sign shall not exceed four (4) square feet. 13 (4) Signs shall be manufactured and installed by the City in conformance with the Texas Manual on Uniform Traffic Control Devices for Streets & Highways. 14 15 (5) All other applicable regulations and restrictions of the sign code shall apply, including the permitting and placement. (4) Limitations on Temporary, On-Premise signs. 16 17 18 (a) No permit shall be issued for a temporary, on- premise sign except for the purposes of a construction sign, model home sign, search light as a general business sign, seasonal/special sales sign, or real estate sign. 19 20 (b) Temporary, on-premise signs shall conform to the following standards. 21 (1) Construction signs. Construction signs may be erected in non- residential and residential zoning districts. The maximum gross surface area per side of a construction sign shall be 32 square feet. The maximum height of a construction sign shall be l5 feet and shall have a minimum set-back of 20 feet from the front 22 23 24 23 25 26 C -y/- f/~ 1 2 property line. A construction sign shall be removed upon the sale of the property or completion of the construction project. 3 (2) Development signs. Development signs may be erected in non- residential and residential zoning districts. The maximum gross surface area per side of a development sign in a non-residential zoning district shall be 90 square feet. The maximum gross surface area of a development sign in a residential zoning district shall be 50 square feet. The maximum height of a development sign in a non-residential zoning district shall be 20 feet. The maximum height of a development sign in a residential zoning district shall be l2 feet. A development sign shall be set-back a minimum of 30 feet from the property line; provided, however, if the building line is less than 30 feet from the front property line, a development sign may be erected at the building line. There may be no more than one development sign per subdivision; provided, however, in the event the subdivision exceeds a total of 50 acres, then an additional development sign may be added for each additional 50 acres within the subdivision. A development sign shall be removed when the project is 90% complete or within three years, whichever is less. For the purposes of this provision, a subdivision shall be deemed 90% complete when 90% of the lots within the subdivision are sold. 4 5 6 7 8 9 10 11 12 13 (3) Model Home Signs. Model home signs may be erected in residential zoning districts. The maximum gross surface area of a model home sign shall be l6 square feet per side. The maximum height of a model home sign shall be 6 feet and shall be set-back from the front property line lO feet or l/2 of the distance between the front property line and the building line, whichever is greater. Model home signs are limited to one per premises. A model home sign shall be issued for a period of l8 months, provided if the model home is sold prior to the expiration of the 18 month period, the sign shall be removed when the sale is completed. 14 15 16 17 18 (4) Real Estate Signs. Real estate signs shall be allowed in non- residential districts; provided, however, real estate signs are limited to signs attached to the wall of the building located on the premises. The maximum gross surface area of a real estate sign shall be 90 square feet. The maximum height of a real estate sign shall be the height of the wall on which the sign is displayed. There shall be no more than one real estate sign per platted lot. Real estate signs shall be removed within 7 days following the completion of the sale or lease of the premises. 19 20 21 22 23 (5) Search Lights. A search light may be used as a sign in any non-residential zoning district. A search light shall be located 24 24 25 26 {) -!l/-fJ/~ 1 2 a minimum of 50 feet from any public right-of-way and positioned so that all beams of light emitted have a minimum angle of 30 degrees from grade level. A search light may not generate light of an intensity in excess of 1,600 million foot candle power. No more than four beams of light may be projected from any premises. All search lights must be designed and maintained so as to prevent any light emitted therefrom from being directed at any portion of a street or adjoining property. No light emitted shall be of such intensity to cause impairment of the vision of the driver of any vehicle upon a public right-of-way or private roadway. No search light may be operated between the hours of ll:OO P.M., and 7:00 A.M. Permits for search lights shall be limited to periods of 7 consecutive days and permits shall be limited to one per premises for each 6 month period. 3 4 5 6 7 8 (6) Seasonal/Special Sales Signs. seasonal/special sales signs may be erected in non-residential zoning districts. A seasonal/special sale sign shall have a maximum gross surface area of 32 square feet. A seasonal/special sale sign shall have a minimum set-back of 8 feet from the front property line. No more than one seasonal/ special sale sign shall be allowed per premises. A seasonal/ special sales sign permit shall be for a period of 30 days. No more than three seasonal/special sales permits shall be issued per year per premises. 9 10 11 12 13 (5) Prohibition of Temporary, Off-premises Signs, Whether Attached to a Structure or Freestanding. No permit shall be issued for any temporary, off- premises sign, whether attached to a structure or freestanding, with the exception of subdivision directional signs. 14 15 (6) Limitation on Illumination of signs in Residential zoning Districts. A sign in a residential zoning district, where allowed by the Sign Code, may be illuminated by means of spot lighting only, and such light shall be located so as not to produce glare or direct illumination across the property lines of the premises. 16 17 18 19 (7) Wind Pressure and Dead Load Requirements. All signs requiring a permit shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. 20 21 (8) Maximum Gross Surface Area of Multiple Permitted signs Upon a Premises. The gross maximum surface area of all permitted signs upon a premises shall not exceed the following in designated zoning districts: 22 23 24 25 25 26 t-r/-f/j, 1 2 Zoninq District Maximum Gross Combined Surface Area 80 square feet 50 square feet 180 square feet 90 square feet 90 square feet 300 square feet APPLICABLE TO ALL 3 Residential, other than R-MF 4 R-MF 5 AG 6 C-PO 7 CN 8 Non-Residential, other than CN and C-PO 9 H. LIMITATIONS AND REGULATIONS SIGNS/PROHIBITION OF CERTAIN SIGNS. 10 (1) Maintenance of signs. No person shall allow a sign located on a premises owned by him or which he has control of to display or contain any of the following defects or conditions: 11 12 (a) where the elements of the surface or background can be seen as viewed from the intended viewing distance to have portions of the finished material flaked, broken off, missing or otherwise not in harmony or consistency with the rest of the surface; or 13 14 (b) where the structural supports or frame members are visibly bent, broken, dented, deteriorated or torn; or 15 (c) where a panel is visibly cracked or in the case of wood and other similar products, splintered in such a way as to constitute unsightly or harmful conditions; or 16 17 (d) the sign, or its elements are twisted or leaning or at angles other than those at which it was originally erected; or 18 19 (e) where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or 20 21 (f) where the sign or its elements are not in compliance with the requirements of any building, electrical, sign or other type of code construction standards adopted by the city of Colleyville. (2) Obsolete signs. No person shall erect or allow to be displayed upon premises owned or controlled by him an obsolete sign. 22 23 24 26 25 26 o - r;/-cf/~ 1 2 (3) Obscene siqns. No person shall erect or allow to be displayed upon premises owned or controlled by him a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. 3 4 5 (4) obstructinq siqns. No person shall erect or allow to be displayed upon premises owned or controlled by him a sign which prevents free ingress to or egress from any door, window or fire escape. 6 7 (5) Attachments to Stand Pipe or Fire Escape. No person shall erect or allow to be displayed upon premises owned or controlled by him a sign which is attached to a stand pipe or fire escape. 8 9 10 (6) Interference with Traffic. No person shall erect or allow to be displayed upon premises owned or controlled by him a sign which obstructs the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop", "go", "look", "slow", "danger", or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. 11 12 13 14 15 16 17 (7) Mobile or Portable siqns. 18 (a) No person shall attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes; provided, however, said vehicle signs shall be prohibited where such vehicle is allowed to remain parked along a right-of-way, in the same location, or in the same vicinity, at frequent or extended periods of time, where the intended purpose is its use as a sign for the subject matter displayed on the vehicle sign. 19 20 21 22 (b) No person shall erect or allowed to be displayed on premises owned or controlled by him a portable sign. 23 24 27 25 26 f> - 9/- ; /J- 1 2 (8) A-Frame signs and Sandwich Board Signs. No person shall erect or allow to be displayed upon premises owned or controlled by him an A-Frame Sign or Sandwich Board Sign. (9) Suspending Material and signs from Buildings, Light Fixtures, Poles, Sidewalks, etc. 3 4 5 (a) No person shall erect or display upon premises owned or controlled by him any items such as goods, wares, merchandise or other advertising objects or material which are suspended from any building, light fixture, pole, structure, sidewalk, apartment, driveway or parking area, for the purpose of advertising such items, except as allowed pursuant to the provisions of the sign Code. (b) No person shall erect or display upon premises owned or controlled by him any sign suspended or placed on a light fixture. 6 7 8 9 10 (10) painting, Marking, Attaching, Materials to Streets, sidewalks, utility Poles, etc. No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. 11 12 13 14 (11) Attaching Advertising Matter to Fences, utility Poles, etc.; and scattering Advertising Material on the streets and sidewalks. 15 (a) No person shall place, stick, tack, nail or otherwise place any advertisement, sign, handbill, placard or printed pictured or written matter or thing for political advertisement or other advertising purposes upon any fence, railing, sidewalk, public telephone pole, electric or other utility pole or any other public property, including trees thereon or to knowingly cause or to commit same to be done for his benefit. 16 17 18 19 (b) No person shall scatter, throw, or disburse any handbills, circulares, cards, tear sheets or other advertising materials of any description along or upon any street or sidewalk. 20 (12) Freestanding signs Prohibited On/Over Public 21 Property. 22 No person shall erect or allow to be displayed upon premises owned or controlled by him any freestanding sign on or over public property unless same be erected by the City, or with permission of the City for public purposes. 23 24 28 25 26 0-9/-t/d-- 1 2 (13) certain Illuminated, Animated, Moving and Flashing Signs Prohibited. (a) Only a sign which has illumination that is turned on and off, changed in light intensity, color or copy, at a rate equivalent to, or less than twice an hour, is permitted. It is further provided that a sign which uses illumination to provide time of day and/or temperature only shall not constitute a flashing sign. 3 4 5 6 (b) No person shall erect or allow to be displayed upon a premises owned or controlled by him any illuminated sign within l50 feet of property within a residentially zoned district unless the lighting is shielded from view of the residentially zoned district and indirect light does not exceed l/2 lumen measured from any property line of the residentially zoned district. 7 8 9 10 (c) No person shall erect or allow to be displayed upon a premises owned by him or controlled by him in a residentially zoned district any internally illuminated sign. 11 (14) Balloons, Flags, Pennants and other Floating Devices Used for Advertising purposes. No person shall erect or allow to be displayed upon premises owned or controlled by him as a sign, any balloon, flag, pennant or other floating or inflatable device anchored to the ground or to any other structure except as allowed by the Sign Code. (l5) Roof Signs, Fence Signs, Amenity Signs, Inflatable 12 13 14 signs. 15 No person shall erect or allow to be displayed upon premises owned or controlled by him any roof sign, fence sign, amenity sign, or inflatable sign. 16 17 (l6) Non-Defined Signs. No person shall erect or allow to be displayed upon premises owned or controlled by him any sign which is not specifically allowed and permitted pursuant to the terms of the Sign Code. 18 19 I. ADOPTION OF UNIFORM SIGN CODE The Uniform Sign Code, 1985 Edition, a copy of which is on file in the office of the City Secretary is hereby adopted by reference and designated as a portion of this Sign Code. To the extent any provisions of the Uniform Sign Code conflict with the provisions of the Sign Code as adopted, the sign Code shall prevail. 20 21 22 23 J. CONSTRUCTION PERMIT FEES In addition to the sign permit fees established pursuant to the terms of the Sign Code, the erection of any sign shall be 24 29 25 26 c - 9 /- ~/ d-- 1 2 subject to the payment of all other fees relating to the construction or erection thereof, including building permit fees. 3 K. PENALTY PROVISION 4 (1) Persons Responsible The permit holder, owner, agent, person or persons having the beneficial use of the sign, the owner of the land or structure on which the sign is located, the person in charge of erecting the sign and the person who has control of the premises on which the signs are erected are all subject to the provisions and prohibitions contained in the Sign Code. 5 6 7 (2) Penalty for violation. Any person who violates any provision of the Sign Code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00 for each offense. Each and every day that a violation to the Sign Code continues shall constitute a separate offense and shall be punishable as such. 8 9 10 11 L. PROTECTION OF FIRST AMENDMENT RIGHTS Any sign allowed under this ordinance may contain, in lieu of other copy, any lawful, non-commercial message that does not direct attention to a business operated for profit or to a commodi ty or service for sale and that complies with all other requirements of this ordinance." 12 13 Sec. 2: If any provision, section, sentence or clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or its application to other person or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the city of colleyville in adopting this ordinance that no portion hereof nor provision or regulation contained herein become inoperative or fail by reason of any unconstitutionality or invalidity or any other portion or regulation. 14 15 16 17 18 19 Sec. 3: THAT the City Secretary is hereby authorized to cause publication of the descriptive caption and penalty clauses of this ordinance as an alternative method provided by law. 20 21 22 23 24 30 25 26 {j - 1/- fI';;? 1 2 3 4 5 AND IT IS SO ORDERED " The f' t reading a~ ~Ublic hearing being conducted on the / ~rr;; day of , 19..9<f. 'I/. E vtL{'(l/'l~A- The sec~d reading ?L .~. being conducted on the Sf ( day of an ~Ubl1C ar1ng 19~ 'II '/l/U:!-G , 6 7 8 9 10 The thir# reading 86: 'I ( day of ~ "-h$-f:'J) {)---'v aring being con~'Ptr~ of the , 1990. lYtUJ-CL&, 11 12 13 ATTEST: ~~()ff2~ La ada Johnson City Secretary CITY OF COLLEYVILLE ~/ ~- Chris a kin Mayor 14 15 16 17 APPROVED AS TO FORM AND LEGALITY: Z;~i~ City Attorney 18 19 20 21 22 23 24 31 25 26