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85-16-Ordinance-Amending the Sign Regulations-08/05/1985CITY OF SANGER, TEXAS ORDINANCE N0. 85-16 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, TO ADD SECTION 6, CHAPTER 31 ENTITLED SIGN REGULATIONS, PROVIDING FOR REGULATION OF SIGNS, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, .IS HEREBY AMENDED TO ADD SECTION 6, ENTITLED SIGN REGULATIONS, WHICH SHALL READ AS FOLLOWS: SECTION 6: SIGN REGULATIONS A. COMPLIANCE REQUIRED It shall be unlawful to install, erect, change the use of or maintain any sign, or contract for such service within the City of Sanger, except in compliance with the provisions of this section and any other applicable city regulations. B. DEFINITIONS The following definitions shall be applicable to this section: (1) City of Sanger - for the purpose of this section, the City of Sanger shall be defined as the total and complete area of land situated within the cor- porate city, limits of said city including the adjoining extraterritorial 3urisdiction of the city. page 1 of 7 (2) Nonconforming Sign - any sign that is lawfully located at the time of the effective date of this section and which does not conform to the require- ments of this section. (3) Noncomplying Sign - any sign that is placed, located or erected on any property or structure in the City of Sanger after the effective date of this section which does not comply with the requirements of this section. (4) Name Plate - an accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. (5) Real Estate Sin - a temporary accessory sign per- taining to the sale, rental or lease of the pro- perty on which the sign is placed. (6) Construction Sign - a temporary accessory sign identifying the property owner, architect, contrac- tor, engineer, landscape architect, decorator or financial institution involved in the design, construction, financing or improvement of the premises on which the sign is located. (7,) Development Sign - a temporary accessory sign related to the promotion of new developments and located on the premises involved in the develop- ment. (8) Institutional Sign - an accessory sign for the identity of a school, church, hospital or similar public or quasipublic institution. (9) Apartment Name Sign - an accessory sign for the identification of an apartment building or complex of apartment buildings. (10) Agricultural Sign - an accessory sign identifying the farm or ranch on which it is placed and adver- tising the produce, crops, animals or poultry raised or quartered thereon. (11) General Business -Sign - an accessory sign or graphic device which advertises the commodities or services offered on the premises where such signs are located and where such sign is not of the billboard, posterpanel or painted bulletin type, but is a sign designed specifically for the loca- tion. page 2 of 7 A (12) Billboard, Posterpanel or Painted Bulletin - large signs which usually promotes and advertises com- modities or services not limited to being offered on the premises on which such signs are located. (13) Portable Advertising Sign - a sign which is not permanently attached to the ground, a structure or another sign, is designed to permit removal from one location to another for reuse, does not prin- cipally refer to the sale, lease or rental of the real property upon which such sign is situated, and whose message can be changed or altered by interchangable letters, numbers or panels. (14) G_arage/Occasional Sale Sign - a temporary sign used to designate the address, time or place of a sale of miscellaneous items on private property. J (15) Temporary Political Sign - a sign used exclusively to identify a candidate, place or ballot measure for a designated election. (16) Other Terms - for the purpose of this section shall have the meaning normally ascribed in the sign business. C. SCHEDULE OF USES PERMITTED The classes of zoning use districts in which the various types of signs are permitted are indicated by the following schedule: MAXIMUM AREA ZONE SPACING PERMIT TYPE SIGN (square feet) PERMITTED STANDARD REQUIRED Name Plate 2 R-1, R-2, R-3 None -NO Name Plate 50 All Except Residential NO Institutional 36 R-1 R-2 R-3 None NO Institutional 72 All Except Residential None NO Apartment 510 All Districts (1) Per Permitting Street Frontage NO p Business 200 LR, LB, LI, HI (1) Per Business YES 00 Billboard Type 370 ' �(.LI , HI 1000 Feet Apart YES Agriculture 100 La; LI (1)Per Farm -YES Real Estate 18 All Districts (1) Per Lot; ,On Acreage (1) Per 200' Road Frontage NO Construction GO All Districts None NO Development 200 All Districts (1) Per Project Or (1) For Each 100 Acres In Project Garage/ (1) Per Lot Or Occasional 3 All Districts Tract NO Portable (1) Per Lot Or Advertising 72 LRf LBj LIr HI Tract NO page 3 of 7 D. SPECIAL PROVISIONS The following special provisions, in addition to any other provisions contained in this section, shall apply to the various types of signs: (1) No sign shall be constructed to exceed the maximum building height permitted in the specific class of zoning use district where the sign is located, except as provided in subsection D(9). In no event shall any sign or any supporting structure to which said sign is affixed exceed a height of sixty feet (60'); (2) No sign shall be located or constructed so as to I nterfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal; (3) Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds fifty percent (50%) of its replacement value shall be removed by the sign owner; A 4) No billboard, posterpanel or painted bulletin sign structure shall contain more than one (1) sign panel facing in the same direction nor more thah two (2) sign panels per structure; (5) Temporary political signs shall not be erected prior to forty-five (45) days of the election date and said signs must be removed within ten (10) days after the completion of the election, including any run-off election. Said signs may not be larger than thirty-two (32) square feet in area and not more than one (1) sign for each candidate or ballot measure may be erected on one (1 ) lot or tract of land. No political sign may be placed, erected or allowed to remain upon any portion of the public street right-of-way of the City of Sanger; (6) No portable advertising sign shall be located within ten feet (10') of the edge of the traveled portion of any public street of the City of Sanger; (7) In the LR (local retail) and districts, no sign mounted at exceed thirty-six (36) square pole sign shall exceed sixty area; LB (local business) ground level shall feet in area, and no (60) square feet in page 4 of 7 CITY SECRETARY ORIGINAL COPY (8) No sign shall be erected so as to project into the public right-of-way of any street or alley; (9) No sign shall be located or erected within the required front yard, except one (1) pole sign not exceeding eighty (80) square feet in area may be erected on sites utilized by gasoline service sta- tions, drive-in groceries or similar quick service retail establishments; (10) One (1) garage/occasional sale sign not to exceed three (3) square feet in area shall be permitted upon the property where the sale is to take place. Any other signs at any location remote from the site of the sale are prohibited, except two (2) directional signs not to exceed three (3) square feet in area shall be permitted. Such directional signs shall be free-standing, not to exceed three (3) square feet in area and shall not be attached to utility poles or city sign posts; sign to be removed within three days after the sale by person(s) holding the sale; (11) Development signs will be removed by the developer after completion of the development of eighty-five percent (85%) of the project advertised. E. DESIGN F. All signs shall be designed and constructed to wind pressures as outlined in Chapter 23 of the Uniform Building Code, 1982 Edition. OBSTRUCTING TRAFFIC VISIBILITY AT CORNERS On any corner lot on which front and side yards are required, no obstruction greater than one foot (1') in diameter or width is permitted vertically between three and one-half feet (31') and ten feet (101) above the curb grade in a triangle formed by legs of forty feet (401) extending horizontally in each direction from the property corner. G. MAINTENANCE All signs and advertising structures shall be maintained In good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust resistable material, and shall be, maintained in good condition of appearance. If, upon inspection by the building official, a sign is not found to conform to the above, written notice shall be given to the owner giving the owner thirty (30) days to either put the sign in acceptable condition or remove the sign. page 5 of 7 HP J. REMOVING OBSOLETE SIGNS All signs relating to a product no longer available for purchase by the public and all signs relating to a busi- ness which is closed or has moved away shall be removed or the advertising copy shall be removed; and painted wall signs shall be painted over with a color that resembles or matches the wall. If the owner of, or per- son responsible for the sign, or if the tenant closing the business fails to remove or paint over the sign, the owner of the premises shall be responsible and the work shall be done within thirty (30) days following the date of obsolescence. PERMIT REQUIRED When a permit is the permit fe Application for secretary on suc The application Gating the size perty. VARIANCES required as indicated in subsection C, s shall be ten dollars ($10.00). a permit shall be submitted to the city h forms as may be required by the city. shall be accompanied by a drawing indi- and location of the sigm,, on the pro - When it .appears that the provisions of this section would, work a manifest injustice or an unnecessary hardship, a person may appeal to the city council for a variance from the provisions of this section. Such variance may be granted subject to special restrictions and for a fixed time subject to expiration at the discretion of the city council. SECTION II All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the city coun- cil that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentencer paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of page 6 of 7 CITY SECRETARY ORIGINAL COPY this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV Whenever in this ordinance an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such ordinance, the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision shall be punished by a fine of not exceeding two hundred dollars ($200.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this ordinance shall continue shall constitute a separate offense. SECTION V This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this the, day of 1985, by the City Council of the City of ATTEST: APPROVED AS TO FORM: City Attorney Sanger, Texas. page 7 of 7