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02-01-09-Ordinance-Amending the Building Fee Regulations-02/17/2009ORDINANCE #02-01-09 AN ORDINANCE OF THE. CITY OF SANGER, TEXAS, AMENDING CHAPTER 3, BUILDING REGULATIONS, IN THE CODE OF ORDINANCES BY REPEALING ARTICLE 3.1400 IN ITS ENTIRETY AND ADOPTING ARTICLE 3.1400 AS PRESENTED IN EXHIBIT "A", PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the Code of Ordinances, City of Sanger, Texas, Chapter 3, Building Regulations, Article 3.1400, Sign Regulations, is hereby amended by repealing Article 3.1400 in its entirety and adopting Article 3.1400 as presented in Exhibit "A" attached hereto. Section 2. Any person who violates a provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. The sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, 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 effect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph or section. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas Qn, this, `day of February, 2009. APPROVED: I ,Joe Higgs, or ATTEST: Rosalie Chavez,T EXHIBIT "A" CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.1400 SIGN REGULATIONS State Law References: Municipal regulation of signs, V.T.C.A., Local Government Code 216.003; regulation of political signs by municipality, V.T.C.A., Local Government Code 216.903. Section 3.1401 Purpose and Intent Regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities in the corporate limits of the City to encourage the general attractiveness of the community and to protect property values therein. Accordingly, it is the intention of this chapter to establish regulations governing the display of signs and in part to achieve the following: I. Safety To promote the safety of persons and property by providing that signs: a. Promote and protect the public health, safety, comfort, morals and convenience; b. Do not obstruct firefighting or police surveillance; and c. Do not overload the public's capacity to receive information or increase the probability of traffic congestion and accidents by distracting attention or obstructing vision. II. Communications efficiency To enhance the economy, the business and industry of the City on promoting the reasonable, orderly and effective display of signs and thereby encourage increased communication with the public, so that: a. Businesses and services may identify themselves; b. Customers and other persons may locate a business or service; c. Signs are compatible with their surroundings, are appropriate to the type of activity to which they pertain, and are expressive of the identity of proprietors and other persons displaying signs; and d. Persons exposed to signs are not overwhelmed by the number of messages presented and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. M. Environment quality and preservation To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs: a. Do not interfere with scenic views, protect and preserve the unique and natural beauty and historic values of the City; b: Do not create a nuisance to persons using the public right-of-ways; c. Do not create a nuisance to the occupancy of adjacent and contiguous property by their brightness, size, height or movement; and d. Are not detrimental to land or property.values. Section 3.1402 Administration The provisions of this chapter shall be administered and enforced by the Development Services Department. Section 3.1403 Permit; Penalty for Violation of Chapter a. Required. It shall be unlawful for any person to erect, conduct major repair of or relocate any sign within the City without first obtaining a permit to do so from the Development Services Department or its designated representative. Minor repair, however, is allowed without a permit, as defined in Section 3.1404. b. Application. Application for a permit required by this chapter shall be made upon forms provided by the Development Services Department. c. Insurance. Every applicant for a permit under this chapter for attached, detached and billboard signs erected or maintained in accordance with Section 3.1407 (a) (b) and ( c) shall carry a liability insurance policy (minimum $20,000.00), which covers the subject sign during erection. The policy must be carried by an approved insurance company authorized to do business in the state. A bond covering the subject sign will be acceptable. Proof of liability coverage shall be submitted by means of a certificate. d. Refusal of permit for failure to pay costs. The Development Services Department may refuse to issue a permit under this chapter to any person who has refused or failed to pay any costs relating to signs. e. Approval of permit by electrical inspector. The application for a permit for the erection of a sign in which electrical wiring and connections are to be used shall be 2 approved by the electrical inspector prior to submission of the application to the Development Services Department for final approval. f. Permit fee schedule.* All attached, detached and non -premises signs, except those exempted from the provisions of this chapter, shall be charged a permit fee based on the fee schedule. g. Issuance. It'shall be the duty of the inspector, upon the filing of an application for a permit under this chapter, to examine the.plans and specifications and other data and the premises upon which the sign is proposed to be erected; and, if it shall appear that the proposed sign is in compliance with all the requirements of this chapter, the building code and all other laws and ordinances of the City, the permit shall then be issued. h. Time limit for completion of work. If the work authorized by a permit issued under the provisions of this chapter has not been completed within 60 days after the date of issuance of the certificate of occupancy or the issuance of a sign permit, whichever is later, the permit shall become null and void. I. Revocation. All rights and privileges acquired under the provisions of this chapter or any amendment hereto are mere licenses, revocable at any time by the City Council, and all permits issued hereunder shall contain this provision. _ Section 3.1404 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automobile dealership, franchise means franchises that are granted specifically by a motor vehicle manufacturer to an authorized dealer for sales only of a specific make of motor vehicle such as Ford or Chevrolet. Building, means a structure that has a roof supported by columns, walls or air for the shelter, support or enclosure of persons, animals or chattel. Facade, means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction or in directions within. 45 degrees of one another, they are to be considered as part of a single facade. Frontage or property frontage, means the entire length of the boundary line of any tract of real property adjacent to a public right-of-way, measured parallel to the right-of-way line in a horizontal manner 3 Nameplate sign, means any sign showing only the name and address of. the owner or occupant of the premises on which it is erected. Premises, means a lot or un-platted tract that is recorded in the City. Repair, major, means any repair, other than minor repair as defined below, of an existing sign, which through an act of god or other event has become damaged in excess of 50 percent of its replacement cost. Such repair work will require a permit and shall meet all provisions of this chapter. Verification of the percentage of damage will be supplied by the applicant to the permit office, and such verification shall be: two estimates from two different reputable sign companies, stating the total value of the sign and the total value of all costs to repair the sign to its original state. If the applicant agrees that the.repair exceeds 50 percent of replacement cost, then the said estimates shall not be required. . Repair, minor, is limited to painting, replacement of defective parts, cleaning or other similar minor maintenance to a sign, which will keep said sign at an acceptable level and which does not change the total area of the sign, and which repair is less than 50 percent of the replacement cost of the sign. Sign, means and includes any writing, letter, word, numeral, pictorial representation, emblem, symbol, trademark, object, design or other identification that is designed or intended to identify, advertise, announce or inform. The term "sign" shall not include: a. Works of art that in no way identify a product or business and that are not displayed in conjunction with a for -profit enterprise; b. -Temporary decorations or, displays directly incidental to and customary and commonly associated with: the national, local or religious holiday celebrations; or c. Traffic and other official signs and devices of any public or governmental agency. Sign, abandoned, means a sign that depicts or refers to a product, business, service, activity, condition or person, which has changed in such a manner that the sign no longer correctly identifies or describes him/her/it, or which no longer exists at the location referred to in the sign, or which no longer exists in any way or at any place. Sign, advertisement/identification flag, means and includes flags or insignia that bear identification other than defined in "Sign, government flag". Sign, attached, means any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) that encloses or covers usable space and does not extend more than 12 inches from the building facade. M Sign, billboard and/or non -premises, means a sign that advertises products or services not sold, manufactured or distributed on the premises on which the sign is located. Sign detached, means any sign connected to the ground, which is not an attached sign. Sign, detached ground, means a sign having a low profile, either made of or contained within stone, concrete, metal, wood, brick or similar material, which does not exceed 6 feet in height from the adjacent ground level. Sign, detached pole, or pole sign, means any sign supported by one or more freestanding poles and having no guys or braces to the ground or to any structure. Sign, effective sign area measurement, means the area enclosed by drawing one or more rectangles of horizontal and vertical lines that fully contain all extremities of the sign drawn to scale, exclusive of its supports. The measurement is to be calculated from the viewpoint that gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign. Sign, government flag, means flags or insignia of governments or fraternal, religious, civic or educational organizations and institutions that are not used in connection with a commercial. promotion or to advertise a commercial product, service, business, activity or condition, or person. Sign, hanging, means a sign that is attached beneath an awning or canopy of a building. Sign, light projecting, means LED (Light Emitting Diode). Sign, non -premises, temporary directional, means a temporary sign, generally with a plastic, metal or cardboard back and a wooden or -steel stake, used to promote the sale of property, lots or homes within a subdivision. Sign, on -site traffic, means a sign that directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located. . Sign, political, means any type of sign that refers only to the issues or candidates involved in a political election. Sign, portable and/or display, means a sign that is not permanently attached to the ground or building or designated to be. permanently attached to the ground or building. Sign, premises, means any sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, service or activities on those premises, or the sale, lease or construction of those premises. Sign, projecting, means a sign attached to a building or extending, in whole or in part, 12. inches or more perpendicular to the surface of the building to which the sign is attached. Sign, protective, means any sign that is commonly associated with safeguarding the permitted uses ofthe occupancy. Sign, roof, means any sign erected upon, against or directly above a roof, or on top of or above the parapet of the building. Sign, special purpose, means a sign temporarily supplementing the permanent signs on the premises. Sign support, means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said support is not used as a sign. Sign, vehicular, means a sign that identifies a vehicle used for a particular business, however, not when the primary use of the vehicle is that of a sign. Wind -driven sign, means any sign consisting of one or a series of 2 or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move upon being subjected. to pressure by wind or breeze. Zoning district, agriculture, means any zoning district designated by the comprehensive zoning ordinance of the City as an agricultural district. Zoning district business, means any zoning district designated by the comprehensive zoning ordinance of the City as a commercial and/or industrial district or any other business districts that should replace these or be added to them in the future. Zoning, district, non -business, means any zoning district not designated as a business district in accordance with the definition of "zoning district, business" or any non -business district that should replace these or be added to them in the future. Section 3.1405 Prohibited Signage The following signs are specifically prohibited, except as otherwise prescribed within this chapter. a. Certain illuminated signs. No sign shall be illuminated to an intensity that causes glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted color changing, beacons, revolving projections, LED or similarly constructed signs shall not be allowed. Message signs in compliance with Section 3.1406(f) are allowed. b. Signs containing obscene matter. Signs containing statements, words or pictures C7 of an obscene character. c. Signs interfering with traffic. Signs that imitate an official traffic sign or signal, or which contain the words "stop", "go slow", "caution", "danger", "warning" or similar words used on official traffic signs or signals. Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street or road intersection. d. Painting, marking streets, sidewalks, buildings, utility poles, trees. No person shall attach any sign, paper or other material to, or paint, stencil or write any name or number (except house numbers) on, or otherwise mark on any sidewalk, curb, gutter, street, utility pole, tree, public building or structure unless authorized by this chapter or by the City Council or its delegated representatives. e. Signs in, on or over public right-of-way, railroad right-of-way, public easements or designated fire lanes. No person shall place, erect or allow to be placed or erected any sign in, on, or over public rights -of -way and easements, railroad right-of-way designated fire lanes except as erected by the City for public purposes. Detached signs shall maintain a setback as described in Section 3.1407(II, Table 1). f. Signs on fences, railings, etc. No person shall paint a sign or attach a sign, other than a nameplate, to the outside of a fence or railing. Agricultural signs are allowed as described in Section 3.1411(IH m). g. Searchlights are prohibited, unless specially permitted through the City Council. Searchlights may be allowed as part of a grand opening event with the issuance of a new occupancy permit once for a period up to 4 days per site as. long as it does not create an adverse impact on surrounding developments or the public health, safety, and general welfare. An application for such permit shall be submitted to the City 30 days prior to the event and shall indicate the number of searchlights, time of use, intended purpose and location. If the use of the property should change, a new searchlight permit could be granted with the issuance of a new occupancy permit for the property. h. Miscellaneous.. Signs that project above the fascia wall of any structure, strings of light bulbs not permanently mounted on a rigid background, used in connection with commercial premises for commercial purposes, other than traditional holiday decorations, and wind -driven signs shall be prohibited. Projecting signs are prohibited in all zones except as described in the commercial historic section of this chapter, Section 3.1409(e). f7 Signs that are erected upon or applied to any roof are prohibited. A mansard -style roof shall be considered as, part of the building facade and not the roof for the purpose of attached sign location. The term "sign" herein shall not apply to a religious symbol, unaccompanied by lettering, when applied to the cornice, tower or spire of a place of worship. I. Handbills. It shall be unlawful for any person to scatter, distribute, throw or attach handbills, circulars, cards, tear sheets, 'or any other advertising device of any description along or upon any street, sidewalk, public park or vehicle in the City. j. Banners or pennants. Banners or pennants, other than those described in Section 3.1407(IH (d) and 3.1407 VII) are prohibited. k. No luminous gaseous tubing sign within an enclosed building behind glass and visible outside the building from the public right-of-way through a window, except "Open" signs, shall be permitted. 1. Billboards are prohibited. Section 3.1406 All Zoning Districts The contents of this chapter are applicable to the corporate limits of the City only. The following general provisions apply to signs in all zoning districts: a. Detached signs shall be engineered to withstand a wind load of 30 pounds per square foot. b. Abandoned signs shall be removed within 180 days after such business ceases. Signs may have the face replaced with a blank face of like material. c. All illuminated signs shall bear the Underwriters' Laboratories, Inc. label or be built to comply with the Underwriters' Laboratories, Inc. requirements and shall be in conformance with the current Electrical Code, additionally, illuminated signs shall comply with the following provisions: Any light used for the illumination of a sign shall be shielded so that the, beams or rays of light shine directly onto the sign and not into surrounding areas. Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. External illumination is allowed on the following signs: Signs in the City's downtown commercial historical district; Detached signs on tracts 25 acres or greater in industrial. zoning districts; Ground signs in business districts; and Institutional signs and apartment signs.. d. Any person having an interest in the sign for whom a permit is issued under this chapter shall maintain all parts and supports of the sign covered by such permit in good condition to prevent deterioration, oxidation, rust and other unsightly conditions. e. The inspector shall inspect as deemed necessary, each sign regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair. f. Message signs are allowed up to 20 square feet and count toward the overall signage allowance. g. A business that shares a cross access across another property to a different street may be allowed I off premise directional sign. The directional sign may only display the name and logo of the business and an arrow. The sign can be no larger than 8 square feet and no more than 6 feet in height. Section 3.1407 Business and Agricultural Zoning Districts I. On premises. attached signs a: Sign allowance. The total area per face of a sign shall not exceed 1 V2 square feet of face area for each linear foot of building fascia length. Allowances for individual occupancies within a multi=use building shall be calculated on leased or occupied fascia length. If the lot on which the building is located has multiple right-of-way frontage, each street frontage shall be counted for purposes of determining attached sign allowance. Said signage is to be applied (distributed) on the sides of the building where facing directly adjacent to the public right-of-way. Alternate signage is allowed on sides of the building not adjacent to the public right-of-way riot to exceed 1/3 of the allowance or 25 square feet, whichever is less. 1 b. Sign location. Attached signs may be located on a building wall; but, if any part of the sign projects above the ceiling line of the first floor, then no window or part of a window shall be situated within or blocked by the flat wall sign. No ' such sign 9 shall extend above the roof line of the building or more than 12 inches from the building wall. Where such signs are located on mansard -style roofs, and the building fascia is not vertical, the bottom of such sign shall not project more than 12 inches from said roof and the sign can be oriented in a vertical manner. The staff shall promulgate such graphic to illustrate sign location and orientation. c. Sign and letter/logo height in relation to building height. For multistory structures, attached signage as described in subsection (b)(1) of this section is allowed between the ground levels to a height of 24 feet. For multistory structures that are 4 stories in height or more, the following standards shall apply to letter/logo height in relation to building height: Maximum height is as follows: Height of sign, 4 stories or greater Maximum letter/logo height 4 stories 36 inches 5 to 10 stories 48 inches 11 to 15 stories 60 inches 16 stories and above 72 inches Additionally, the above table represents the maximum letter and/ logo height in each sign height category. When a sign is totally composed of individually mounted letters, either one letter or one logo may be 25 percent taller than the maximum letter/logo height. Such signage shall be located between the floor level of the top floor and the top of the fascia wall. H. On -premises detached ground or pole signs Pole signs shall be allowed only along the following linear segments of streets: I-3 5 5' Street (I-35 Business) from Keaton to Cowling 5' Street from FM 455 North to I-35 service road FM 455 from 5t' Street to Acker Street Note: If the stated linear segment does not reference a beginning or ending cross -street, the segment shall mean the entire length of such street within the corporate limits or from the stated cross -street to the corporate limits, as the case may be. The City Council, upon specific application, may approve an exception to allow a pole sign 10 at a location where prohibited herein if the Council determines that a general condition of pole signs exists in the immediate vicinity and the proposed pole sign would be consistent with such established conditions. a. Pole sign.regulations. Where allowed, pole signs shall conform to the following restrictions and limitations. Table #1 Planned width of 0 to70 feet 71 to 99 feet 100 feet or more Interstate 35 adjacent thoroughfare Minimum width 50 100 150 5080 100 100 200 125 of lot frontage Maximum. 20 30 40 5060 70 80 100 150 square footage per side * Pole sign not allowed. See regulations for ground signs which follow. 5. Street _._.FM455 Acker Stre.e..t ......... i . 511, Street I-35 Ke ton- , Road 5th Street,-" F` Cowling Drive 11 Setback from 5 5 10 10 10 15 15 15 15 street ROW line or any property line (feet) Maximum * 8 10 25 25 25 50 height (feet) * Pole sign not allowed. See regulations for ground signs:. b. Ground sign regulations. The maximum area of any ground sign as defined herein,. is the area allowed by Table #1. The required setback from a street right- of-way line is 3. V2 feet. Required setbacks from other property lines are as specified by Table.#1. The maximum height of any sign on a lot with less than 100 feet of street frontage adjacent to a street with a right -of --way of 70 feet or less and does not exceed 10 feet in: height, it may be considered a ground sign; provided that not less than 120 square feet of its area is below a height of 6 feet. c. Multi -use signs. A multi -use sign that identifies a coordinated development site of more than. one use, such as a shopping center, office center, or industrial park, may have a sign area not larger than 1.5 times the area allowed for a single -use sign on the site, or a maximum of 200 square feet, whichever is less. A multi -use sign may contain a directory or listing of the occupants within a center or multi -use development; provided that the directory portion of the sign shall not exceed 70 square feet or 60 percent of the total sign area whichever is less. If a directory is utilized, the remainder of the sign area shall contain only the identification of the entire center or entire development. If a multi -use sign area exceeds that allowed for a single use; no detached ground or pole sign is allowed for any single use within the center or development, or for any use listed in a directory on such sign. d. When determining requirements for allowable detached ground or pole signs under the above table, first determine the right-of-way width adjacent to the subject lot, then determine the lot frontage. Next, determine the maximum square footage per side, setback from adjacent rights -of -way and the maximum height by reading vertically below the applicable lot frontage. To, calculate the height of a sign, measurement shall be made from the top of the curb adjacent of the street upon which a sign faces or from the natural ground level, if above curb level, to the top of the sign. Construction of a berm or earthen mound for the purpose of increasing height of signage is prohibited. For the purpose of calculating the distance from a street right-of-way line where the existing street right-of-way width is less than that required in the thoroughfare plan and subdivision ordinance, such distance. shall be measured from the line of such right-of-way as required by such plan or ordinance 12 (adding equal amounts to each side of the existing right-of-way) rather than from the existing right-of-way line. Freeways are as proposed by the thoroughfare plan of the City. e. No such sign shall be erected within 20 feet of the street intersection, unless the bottom of the sign exceeds 42 inches in height above ground level, and the sign is set back from the right-of-way as stated in Table #L f. If the lot on which a building or buildings are located has multiple right-of-way frontages and is 3 acres or greater, two detached ground or pole signs are permitted (one per frontage) based on sign allowances in subsection (c)(1) of this section. If such a building or buildings are located on a lot less than. 3 acres, two detached ground or pole signs are permitted with a maximum of 60 square feet per side, per sign and a maximum height of 20 feet. On lots located at the intersection of a major thoroughfare and a freeway, two detached ground or pole signs are permitted, the size to be based on subsection(c)(1) of this section. All detached signs shall have a minimum of 20 feet of separation from the largest permitted sign. g. If two of the allowable detached signs are combined into one detached sign, then the signage may exceed by 50 percent the total allowable signage of the largest permitted sign up to a maximum of 200 square feet.per side. h. When electrical service is provided to detached signs, all such electrical service shall be underground. M. Automobile dealership signs a. Number per lot: Primary detached signs. There shall not be more than 1 primary sign for each franchise up to a maximum of 3 primary `signs per dealership. Secondary detached signs. Secondary signs shall be.permitted only if used for pre -owned automobiles and limited to 1 per dealership. Area, location and height requirements. Primary detached signs. All primary detached signs shall conform to provisions within this section. Secondary detached signs. Secondary signs shall be limited to one-half of the area of the primary detached sign and a maximum of 24 feet in height. Minimum separation. All signs shall be separated by a minimum distance 13 of 100 feet. b. Banners and pennants. Such signage is allowed on light standards and poles, as long as long as signage does not exceed 20 square feet per pole or sign and is not strung or affixed in any manner other than from brackets on single poles. IV. Development identification signs Project information or identification detached ground signs are permitted at the entrances of major offices or industrial park developments located on more than one lot and bisected by one or more publicly dedicated streets. They shall be allowed under the following size restrictions: Size Maximum size (square feet) Maximum height (feet) Under 10 acres 36 6 10 acres and above 64. 8 Signs may be located at each corner of the intersection of an entrance street. V. Real estate signs. Generally. One real estate sign, not exceeding 32 square feet in sign area and 12 feet in height shall be permitted on tracts of 50 acres or less, and not exceeding 96 square feet in area and 16 feet in height for tracts of land over 50 acres. On tracts of 50 acres or greater with 1,000 feet of frontage adjacent to the public right-of-way, a sign not to exceed 200 square feet per side and 16 feet in height shall be permitted. The sign shall be removed no later than 30 days after the closing of the real estate conveyance. For setback requirements, refer to Section 3.1407 II, Table #1. of this section. Such signs shall not require a permit if they measure 32 square feet or less. Temporary directional signs. Non -premises directional signage shall be prohibited within the City limits. Construction sites. On building construction sites, one sign each shall be permitted for all participating building contractors and subcontractors, one each for all participating professional firms, one each for all participating lending institutions and one for each property owner on the construction site, subject to a maximum of 3 signs for each construction site, each such sign to be 32 square feet in sign area or less, and that such signs must be removed prior to the issuance of a certificate of occupancy for said building. VI. Ikon -premise signs Non -premises real estate signs shall be permitted based on the following criteria: 14 a. One such sign shall be permitted per area between 100 acres and 249 acres b. Two such signs shall be permitted per area between 250 acres and 499 acres c. Three such signs shall be permitted for 500 acres and three additional signs shall be permitted for each 500 acres thereafter d. The allowable signage shall be based on the original size of the zoning area e. Real estate signs shall be allowed in all non -platted zoning. districts f. The size of such sign shall be a maximum of 32 square feet and 8 feet in height unless adjacent to I-35 where 96 square feet and 16 feet in height is allowed g. A permit shall expire after two years. Said permit may be renewed upon request by the property owner for anothertwo year period h'. A permit fee of $25.00 per sign shall be paid; and i. There shall be a minimum separation between each sign of 500 feet. VU. Temporary promotional banners, posters and pennants Temporary promotional signs, including but limited, banners, posters, and pennants, containing but not limited to, the following verbiage: -"Now Hiring", "Applications Here", "We Finance", "Open 24 Hours", Sale", or "Price Special" shall be permitted, subject to the following guidelines: Such signage shall be considered as part of the overall sign allowance and shall not be limited as to time of display; and the means of attachment shall not be visible from the public right-of-way. a. New business. For a new business, such signage shall not exceed 25 square feet and shall be included as part of the total allowable attached or detached signage. Such signage shall have a permanently affixed location, which is integrated and compatibly designed as a component of the building, canopy, fascia wall or detached sign. A grand opening sign shall be allowed .in addition to the allowable signage for a 30 day period upon issuance of the certificate of occupancy. The fee for such signage shall be included as part of the original sign package, and no subsequent fees will apply if included as part of the permanent signage. b. Existing businesses. For businesses that are existing at the time of the effective date of the ordinance from which this chapter derived, such signage shall be permitted at apermanently designated location on the building, canopy or fascia wall 15 and shall not exceed 25 square feet. There shall be a permit obtained for the mariner of designated and affixing of temporary banners and a one-time permit fee of $50.00 shall be charged for each such location designation. VIII. Signs in interior of windows For new and/or existing businesses that are food or non-food service establishments, such signage is permitted in the interior of windows without a permit, provided that not more than 25 percent of the transparent area is occupied at one time. Items of information. An item of information is defined as a symbol, a word, a logo, an initial, an abbreviation or a group of numbers. The amount of information that any attached or detached sign can contain shall be based on the following criteria: a. No sign'shall display more than ten items of information b. Lettering 3 inches in height or less is not included when determining an item of information c. Letters less than 19 inches high which are carved into the fabric of a building or decorative screening walls or attached securely to the wall are not counted as items of information; provided that they are not specially illuminated and are not constructed of a shiny material, or their color does not contrast sharply with that of the building surface, and they do not exceed 2 inches in thickness. IX. Apartment signs All apartment complex signs located in business zoning districts shall conform to the provisions -as defined in Section 3.1408(e). Section 3.1408 Mon -business Zoning Districts within: The following signs are permitted innon-business zoning districts unless specifically stated a. Nameplates. A nameplate, not exceeding 2 square feet in area, containing only the name of the resident, the title of the person conducting a permitted home occupation, the name of the building and the sign of the agent. b. Institutional signs. An institutional sign, not exceeding 25 square feet per face, and 8 feet in height, erected upon the premises of a church or other public or semi- public institution, for the purpose of displaying the name of the institution, and its activities or services. Such sign shall require a permit and may be illuminated according to the provisions contained within Section 3.1406(c). c. Real estate signs. A real estate sign, non -illuminated, advertising the sale or development of a subdivision containing an area of not less than 7 lots or 1 acre 16 erected upon the property developed and advertised for sale; provided such sign is not in excess of 32 square feet in size and 8 feet in height, and not more than 1 such sign is placed per street frontage. Such signs shall be removed when the property is sold. d. Contractor's signs. A contractor's sign, non -illuminated, advertising the development or improvement of a property by a builder, contractor or other person furnishing service, materials or labor to said premises during the period of construction; provided any such sign is not in excess of 32 square feet in size and 8 feet in height; a:nd such sign shall be removed prior to the issuance of a certificate of occupancy for said property, 96 square feet is the maximum allowed. e. Apartment signs. One identification sign per multi -family development, provided such sign does not exceed 25 square feet in area at the primary entrance; and one sign per secondary entrance is not to exceed 16 square feet. Such sign shall require a permit and may be illuminated according to the provisions contained within section 3.14061. f. Bed and Breakfast. One attached sign shall be permitted on the premises. Such sign shall not-excaed 4 'square feet in area and shall not include the word "hotel" or "motel". g. Non -premises temporary directional signs. Non -premises real estate directional signs shall be prohibited in the City limits as described in Section 3.1404. h. Development Identification Signs. Project information or identification detached ground signs are permitted at the entrance of residential subdivisions. The maximum size shall be.32 square feet per sign with a maximum height of 6 feet. Signs may be located at each corner of the intersection of an entrance street. Section 3.1409 Downtov�n Commercial District The downtown commercial district is the 200, 300, 400 and 500 block of Bolivar, the 600 block of Elm, the 200 and 300 block of North 4th, the 200 and 300 block of North 3rd and the 300 block of North 5th. All signs within this district shall adhere to the following criteria: a. Signs must be designated and constructed in keeping with the nostalgic character of the downtown district. Signs are subject to review by the Development Services Director and the Director's approval is a prerequisite for the issuance of a sign permit. b. Materials suggested for use for signs are finished hardwoods or softwoods. Materials not allowed include, but are not limited to, plastics, fluorescent materials, 17 paper or florescent paints and LED. c. No sign shall be allowed above the top of the second story windows of a building. d. Hanging signs shall be allowed when such signs have a minimum clearance of 7 feet from the sidewalk and do not extend beyond an awning or canopy projection. e. Projecting signs shall have a minimum clearance from the sidewalk of 8.5 feet and shall not project more than 5 feet from the building or more than 50 percent of the width of the sidewalk adjacent to the building, whichever is less. f. Maximum size shall be based on the following: For every 1 linear foot of building primary or entrance frontage, 1 %2 square feet of sign area shall be allowed Sign boards on secondary side street frontage shall not exceed one half the size of sign boards on the primary or entrance frontage Window signs shall cover no more than 25 percent of the total glass area and this will count as one of the signs permitted Each face of a hanging sign shall be no more than 5 square feet Projecting signs shall be no more than 15 square feet in size with a maximum sign height of 3 feet from the top of the sign to the bottom. . g. Two signs are permitted per primary entrance, plus one additional hanging sign, if a canopy is used h. One secondary entrance sign is permitted i. Menu boards, portable signs or display signs are allowed, provided they adhere to the following criteria One such sign shall be permitted per primary entrance Such signs may extend out a maximum of 2 feet from the building, with the maximum distance parallel to the right-of-way being 4 feet. A maximum of 8 square feet shall be permitted in the area of the sign or the area of the sidewalk used 18. Section 3.1410 Multiple Building Lot Coordinated Signage Planned development district Notwithstanding anything contained in the foregoing, if property is developed in the planned development district, all signs on such property may be reviewed and approved as part of the overall development plan. Total signage allowed for all sites in the development may be aggregated and the*total allowance redistributed. Sign locations, types and sizes may be varied, however, they must be consistent with site and landscape planning principles and will be part of the review process. Compatibility of design. All signs applied for under the provisions within this section are subject to the approval by the planning staff. The following criteria shall be considered: a. The sigh's compatibility with surrounding signage as related to location, height, size, setback, etc. b. The sigh's compatibility with aesthetics as related to color scheme, shapes, design, materials, etc. c. The sigh's relationship to proposed or existing landscaping Section 3.1411 Mon -Conforming Signs; Removal of Signs by City; Exceptions; Variances I. Generally Signs existing at the time of the effective date of the ordinance from which this chapter is derived and in compliance with the then current ordinance and not in compliance herewith shall be regarded as non -conforming sign with the following exceptions: a. Non -conforming signs may continue to exist until structurally altered, removed, or destroyed as an act of god or until the business in which they are advertising is no longer in existence. b. Non -conforming off premises signs must be removed within 30 days of the effective date of this ordinance c. Non -conforming banners and pennants must be removed within 30 days of the effective date of this ordinance d. Non-coforming portable signs must be removed within 6 months of the effective date of this ordinance e. Non -conforming signs that are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter. 19 f. Non -conforming fence signs must be removed within 30 days g. Any non -conforming sign which has been damaged by fire, wind or other cause in excess of 50 percent of its replacements cost shall be restored in conformance with the provisions of this chapter H. Removal of certain signs All of the following signs shall be considered unlawful. a. Any sign erected without a required permit, either prior.to or after the adoption of this ordinance b. Any sign erected in violation of the provisions of this chapter c. Any sign which is dangerous due to being electrically or structurally defective Said signs shall be removed from the property or premises in question, or such other defect as is specified shall be cured, upon written notification -by the Development Services Director or his designated representative to the owner of the property on which the sign is located and/or the permittee of the sign. The notification required by this provision shall state that if the sign is not removed or the specified defect is not cured within the prescribed time. frame from the date of the notice, a citation may be. issued. M. Removal of public nuisance/hazardous signs The Development Services Director or his designated representative shall, without the requirement of notification or impoundment, orderthe immediate removal and disposal of the following signs. a. Any non -permanent sign erected or existing that constitutes. a traffic hazard b. Any non -permanent sign erected in, on or over a public right-of-way or easement or designated fire lane, either prior to or after the adoption of this section, except those non -permanent signs in the commercial historical district (Section 3.1409). A person is responsible for the violation if the person is the permit holder, owner, agent or person having the beneficial use of the sign and a citation may be issued. IV. Recovery of impounded signs Impounded signs may be recovered by the owner within 15 days after written notification of impoundment by paying a fee as follows: A fee of $5.00 for signs that are 12 square feet or less in area. 20 A fee of $20.00 for signs that are larger than 12 square feet in area. V. Disposal of impounded signs Signs not recovered within 15 days after written notification may be disposed of by the City in any manner it shall elect. VI. Exemptions generally . The following signs may be erected and maintained under the exceptions and conditions listed and shall not require a permit, provided all other provisions of this chapter are met: a. Public Signs: Non-commercial signs erected by or at the direction of a public officer in furtherance of the public interest in the performance of his public duty. b. Public, charitable, educational or religious signs. Temporary signs announcing any non-commercial public, charitable, educational or religious event or function may be installed only on private property, with the consent of the property owner, for a period of not more than 21 days prior to the event and shall be removed within 24 hours following the event. The maximum, sign area shall be limited to 24 square feet on each sign face. c. Integral signs.. Names of buildings, dates of erection, monumental citations and commemorative tablets that are carved into stone, concrete or similar permanent materials and constructed as an integral part of a structure. d. Nameplates. One nameplate per public entrance per business, not exceeding 3 square feet of sign area per face. e., Private signs. Signs not visible beyond the boundaries of the lot or series of contiguous lots under the same ownership on which they are located or that are not visible from any .public right-of-way. £ Garage sale signs. Garage sale signs may be installed only on private property with the consent of the property owner. Said signs shall not be installed earlier than 12:00 p.m. on the immediately proceeding day before the sale and must be removed within 24 hours following the sale. The maximum sign area shall be limited to 4 square feet on each sign face. A garage sale permit is required. g. Menu boards. Eating establishments with drive -through service are permitted 2 menu boards per premises, limited to 36 square feet in area and 6 feet in height. h: Window signs. Window.signs are exempt from the provisions of this chapter, providing not more than 25 percent of the transparent window area is occupied at any one time. 21 i. Gasoline/service station signage. Signs located beneath a canopy that do not advertise the premises are exempt, including, but not limited to, the following information: "Self -Service", `.`Full -Service", "Unleaded Gasoline" and "Regular Gasoline". Governmentally mandated signage and signage contained within the individual pumps are also exempt. In addition 10 square feet of signage is permitted per side under the canopy per set of gasoline product dispensers. Signage located beneath the canopy that is intended to advertise to individuals using the gasoline product dispensers only,, and not intended for advertisement to the public right-of- way, is exempt. Letters less than 3 inches in height shall not be counted as art of the sign allowance. j. Government signs. Government signs are allowed, as defined in the definitions in Section 3.1404, provided that each such sign, does not exceed 40 square feet. One advertisement/identification flag or three government flags are permitted with a maximum of 3 such signs per premises. k. Political signs. Such signs that satisfy the requirements of V.T.C.A. , Local Government Code 216.903(d). 1. Real estate signs. Such signs shall be'non-illuminated, shall not exceed 6 square feet in area per face, and shall pertain to the sale or lease of the premises. M. Agricultural signs. One sign, advertising agricultural uses, not exceeding 32 square feet in area and 8 feet in height, shall be allowed per owner. On large tracts that exceed 0.25 mile of pubic right-of-way frontage, said owner may have one sign per 0.25 mile or portion thereof. Agricultural signs may be placed on the fence. n. Vehicular signs. Vehicular signs are allowed for the purpose of identifying a vehicle used for aparticular business (i.e. delivery service, professional and business, construction trailers, etc.) but not when the primary use of the vehicle is that of a sign. Vehicle must be licensed, insured and inspected (street legal). o. Protective signs. The occupant of any premises may erect two protective signs in accordance with the following provisions. Each sign must not exceed 2 square feet in area. Detached signs must not exceed 2 feet in height. Letters must not .exceed four inches in height. p. Movement -control signs. Movement -control signs may be erected at any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached and may be erected without limit as to number; provided that such signs shall comply with all other applicable requirements of this chapter. The 22 occupant of any premises who erects a movement -control sign shall comply with the following requirements: Each sign must not exceed 4 square feet in area and a maximum of 6 feet in height. If a sign is an attached sign, the letters must not exceed 6 inches in height. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premises on which the sign is located. Not more than 50 percent of such sign may be used for advertising or identification. Section 3.1412 Meritorious Exceptions In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, an equally primary objective has been guarding against signage over control. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly non -conforming to this chapter, and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. Such proposals will be seriously and fairly considered by the City Council. Section 3.1413 Variances The City Council may hear appeals from the denial of a permit. Criteria for granting such a variance is as stated in the State statute, V.T.C.A., Local Government code 211.008 et seq., as it may be amended. 23