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HomeMy WebLinkAboutOrd 2001-01 Sign Regulations.pdfr 0 CITY OF ANNA, TEXAS ORDINANCE NO, 2000-0/ AN ORDINANCE ADOPTING SIGN REGULATIONS; DESIGNATING PROHIBITED SIGNS; ESTABLISHING GENERAL REGULATIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF REGULATIONS; PROVIDING FOR A SIGN CONTROL BOARD AND ESTABLISHING POWERS AND DUTIES OF SUCH BOARD; PROVIDING FOR SIGN PERMITS; CLASSIFYING SIGNS; ESTABLISHING THE CLASSIFICATION OF SIGNS ALLOWED IN EACH USE DISTRICT; PROVIDING FOR A SAVINGS CLAUSE; SETTING AN EFFECTIVE DATE; AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Anna has determined that the regulation of signs is necessary to the orderly growth, aesthetic appearance, and welfare of the community; and WHEREAS, the City of Anna currently has no regulations relating to signs; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 0 SECTION 1. SIGN REGULATIONS ADOPTED The sign regulations attached to and made an integral part of this ordinance are hereby adopted. SECTION 2. PENALTY Any person, firm, corporation, or association violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction thereof be fined in the sum of not more than two thousand dollars ($2,000.00), and each day a violation of this ordinance continues shall constitute a separate offense. SECTION 3. SAVING If any section, article, sentence, or part of this ordinance is in conflict with any State law of the State of Texas or is hereafter adjudged invalid or unconstitutional by a court of competent jurisdiction, such conflict or adjudication shall not affect the validity of this ordinance as a whole, or any such section, article, sentence, or part hereof not so adjudged in conflict, invalid, or unconstitutional. Page 1 of 2 pages f 11 0 SECTION 4. CONFLICTING ORDINANCES AND REGULATIONS REPEALED All ordinances and/or parts of all ordinances in conflict with the provisions of the sign regulations herein are hereby repealed. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage, approval, and required publication. PASSED on this the g`h day of January, 2001. APPROVED: MAYOR ATTEST: CITY SECRETARY Page 2 of 2 pages i 0 11 e d SIGN REGULATIQNS Article I. In General Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. Responsibility for violation. Sec. 4. Penalties. Sec. 5. Prohibited signs. Sec. 6. General regulations. Secs. 7-10. Reserved. Article II. Administration and Enforcement Division 1. Generally Sec. 11. Nonconforming existing signs. Sec. 12. Variance fees and notification. Sec. 13. Inspection. Sec. 14-20. Reserved. Division 2. Sign Control Board Sec. 21. Creation, composition Sec. 22. Qualification of members. Sec. 23. Terms of members. Sec. 24. Organization. Sec. 25 Compensation. Sec. 26. Officers. Sec. 27. Temporary chairman; quorum. Sec. 28, Meetings. Sec. 29. Records. Sec. 30. Powers, duties. Division 3. Sign Permit Sec. 31. Required. Sec. 32. Application. Sec. 33. Issuance and term. Sec. 34. Fees. Secs. 35-40. Reserved. Article III. Classification Sec. 41. Classifications described. Page 1 of 26 Sec. 42. Class 1, minor signs. Sec. 43. Class 2, window signs. Sec. 44. Class 3, traffic -related signs. Sec. 45, Class 4, temporary promotional signs. Sec. 46. Class 5, major freestanding signs. Sec. 47. Class 6, monument signs. Sec. 48. Class 7, major attached signs. Secs. 49-50. Reserved. • • Article IV. Regulation by Use District Sec.51. Generally. Sec.52. Single-family and duplex residential districts. Sec.53. Apartment districts. Sec.54. Office, technical office and industrial districts. Sec.55. Retail, commercial districts. Sec.56. Summary of districts. Page 2 of 26 ARTICLE I. IN GENERAL • Sec. 1. Short title. This ordinance shall hereafter be known and cited as the "Sign Regulations." Sec. 2. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alter means to change the size, shape or outline, copy, nature of message, intent or type of sign. Building official or chief building official means the officer or person within the city charged with the administration and enforcement of this ordinance. Bulletin board means a sign containing information where a portion of such information may be periodically changed, providing that such change shall be effected by the replacement or interchange of letters, numbers, or other graphic symbols by insertion, attachment or similar means. The use of slate, chalkboard, cardboard or similar material with pencil, chalk, crayon or similar types of marking is prohibited. Canopy means a roof -like structure that extends horizontally more than one foot from the face of a building wall and does not have a structural border. Copy means logos, characters, symbols or any other portion of a sign that conveys a message or information. Erect 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, and also includes the painting or affixing of signs to the exterior or interior surface of windows, and includes signs located interior to a building but readily visible from the exterior. Facing or surface means the surface or surfaces of the sign upon, against, or through which the message is displayed or illustrated on the sign. Freeway means any major thoroughfare where right-of-way is 250 feet or greater and so designated by the city master street plan. Gross surface area of signs means the entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having information on two surfaces shall be considered as a single sign, providing that the surfaces are located back-to-back. A sign having information on three or more surfaces shall be calculated as the sum of all portions and evaluated as a single sign. If two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, providing that each sign or panel has no relationship to the others, and that the combined area of such signs cannot exceed the total square footage allowed when evaluated as a single sign. For signs so constructed, where related portions are located on separate structures or vehicles, the gross surface area shall be calculated as the sum of all portions and evaluated as a single sign. Supports for Class 5 signs Page 3 of 26 having a large solid appearance shall be calculated as part of the gross surface area of the sign. The gross surface area of Class 5 and Class 6 signs less than six feet in height and used as an element of landscaping will be determined by measurement of a single continuous line enclosing the extreme limits of the sign, providing that such calculation shall not include planter boxes, screening walls, retaining walls, and similar improvements. Illuminated sign means any sign that has characters, letters, figures, designs, or outline illuminated directly or indirectly by electric lights, luminous tubes, or other means. Monument sign means any sign mounted on a base six feet in height or less, with a maximum area of 35 square feet. Noncombustible material means any material that will not ignite at or below a temperature of 1,200 Fahrenheit and will not continue to burn or glow at that temperature or shall have a flame spread of 25 or less. Projecting structures means covered structures of a permanent nature which are constructed of approved building material, specifically excluding canvas or fabric material, and where such structures are an integral part of the main building or permanently attached to a main building and do not extend over public property. "Projecting structures" include marquee, canopy, and fixed -awning type of structures. Roof line means the height which is defined by the intersection of the roof of the building and the wall of the building; except, for mansard -type rpofs, the 'roof line" means the top of the lower slope of the roof. Roofs with parapet walls completely around the building and not exceeding . four feet in height may be considered as the 'roof line" for the purposes of this ordinance. Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended, or used to advertise or inform. "On -premises sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. Off -premises sign" means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured on the premises on which the sign is located. • Structural trim means the molding, battens, cappings, nailing strips, latticing, and platforms attached to the sign structure. Vehicle means any automobile, truck, camper, van, trailer, or any device capable of being transported and shall be considered a "vehicle" in both moving and stationary modes, irrespective of pair or condition. Sec. 3. Responsibility for violation. The owner of the sign, the owner of the land or structure, or the person in charge of erecting, altering, replacing, relocating or repairing the sign or structure are all subject to the provisions of this ordinance and, therefore, subject to the penalty provided for the violation of this ordinance. Page 4 of 26 Sec. 4. Penalties. Any person violating any provision of this ordinance shall be punished as provided under the laws of the state of Texas and the ordinances of the City of Anna. Sec. 5. Prohibited signs. It shall be unlawful for any person to erect, cause to have erected, or allow to remain erected any sign or condition prohibited in this section and shall remove such sign or correct such condition immediately upon notice by the building official: (1) It shall be unlawful for any person to display or advertise upon any sign any obscene, indecent, or immoral matter. (2) No person shall erect, maintain or permit the erection of any balloon or other floating device anchored to the ground or to any structure, except as allowed by other provisions of this ordinance. (3) No person shall attach any sign, paper, or other material or paint, stencil, or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, tree, tower, utility pole, public building, public fence, or public structure for advertising purposes, except such signs as are permitted by this ordinance to be placed in the public right-of-way. • (4) No sign located internal or external to a building or vehicle shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, animated, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Jump clocks or digital display devices showing time, temperature, or any printed message may be allowed only by a special permit of the sign control board. (5) No person shall place on or suspend from the exterior of any building, pole, structure, projecting structure, parkway, driveway, or parking area any goods, wares, merchandise, or other advertising object or structure for the purpose of advertising such items, other than a sign as defined, regulated, and prescribed by this ordinance except as otherwise allowed by ordinance controlling the outside storage and display of goods, wares, or merchandise. (6) No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached, suspended from, or allowed to hang loose from any sign, building, or structure, except as allowed by other provisions of this ordinance. (7) No lighted sign shall be erected within 150 feet of a residential district unless lighting is shielded from view in the direction of the residential district. (6) No signs attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is for sign purposes, will be permitted. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce, or any bona fide transportation activity. Page 5 of 26 (9) Signs attached to or upon any vehicle shall be prohibited where any such vehicle is parked within 20 feet from a street right-of-way on a site. Signs attached to a vehicle shall be incidental to the bona fide use, for transportation purposes, of the vehicle to which the sign is attached. If a vehicle displaying a sign is not a bona fide use for transportation purposes, the vehicle shall be deemed to be a freestanding sign and subject to all provisions of this ordinance pertaining to freestanding signs. It shall be a rebuttable presumption that a vehicular sign is not a bona fide use for transportation if the vehicle is stopped, parked, or allowed to remain at the same location within the site for any period exceeding 24 hours or contains arrows, directional information, or promotional advertising relating to the business. (10) A -frame signs and sandwich -board signs are prohibited. Similar types of portable signs are prohibited except when specifically permitted in Article III of this ordinance as a minor sign. (11) No person shall erect, maintain, or permit the erection of portable lighting displays including but not limited to laser lights and displays and searchlights. (12) A canopy may not be illuminated in a manner to allow the transmission of light through the canopy material unless allowed by a special permit of the sign control board. Sec. 6. General regulations. All signs in all classification and use districts, where permitted, shall conform to the general tregulations listed in this ordinance: (1) No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape except signs relating directly to such. (2) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such emergency, temporary signs are not subject to the provisions of this ordinance. (3) In order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or maintain any fluttering, undulating, swinging, rotating or otherwise moving sign or any flashing sign. No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where, by reason of position, shape, color, degree, manner, or intensity of illumination, it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Accordingly, no sign shall make 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 light in such a manner as to interfere with, mislead, or confuse traffic, whether located exterior or interior to a building or structure. (4) All signs which are constructed on street lines, or within five feet thereof, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude therefrom, except electrical reflectors and devices which may extend over the top and in front of the advertising structures, where subject to reach of pedestrian traffic. Page 6 of 26 . (5) Gooseneck reflectors and lights shall be permitted on ground signs, roof signs and wall signs; providing, however, the reflectors shall be provided with proper glass lenses when necessary to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. (6) The permittee or owner of any sign shall maintain all parts and supports of such sign in good condition to prevent deterioration, oxidation, rust, paint peeling and other unsightly conditions. (7) All illuminated signs shall be subject to the provisions of the electric code of the City as may be amended. In addition, all internally illuminated signs shall bear the Underwriters' Laboratories label or be built to comply with Underwriters' Laboratories requirements. (8) A comprehensive sign plan shall be submitted to the building official for approval for any site prior to site plan approval by the City Council. (9) Signs for locations granted a special use permit under provisions of the City of Anna Zoning Ordinance shall be based on the applicable zoning classification of the use in lieu of the base zoning. Example: A tract of land has a zoning of C-2 and has been granted a special permit for a light industrial use. Signing shall be based on 1-1 zoning unless otherwise specified in the special use ordinance. Retail/commercial sign regulations are restricted to local retail and commercial zoning districts unless more than 50 percent of the building or buildings are used for retail pr commercial use. I • Secs. 7-10. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Sec. 11. Non -conforming existing signs. A sign that, having been permitted to remain in place as a non -conforming use under the provisions of this ordinance, is blown down or otherwise destroyed or dismantled for any purpose, other than maintenance operations or for changing the letters, symbols, or other matter on the sign, shall not be repaired, rebuilt or reconstructed. For purposes of this section, a sign or a substantial part of a sign is considered to have been destroyed only if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. Sec. 12. Variance fees and notification. An application for a variation to the conditions of this ordinance shall be accompanied by a variance application fee set in accordance with a resolution of the city council enacted from time to time for this purpose. Such application for a variance may cover more than one sign, but shall apply to one applicant and one location. The notification for a variance application must appear in the official newspaper of the city at least seven days prior to the date on which the Page 7 of 26 Q request is heard by the sign control board. The variation application must contain the following 40 information: (1) Name, address, and telephone number of the applicant. (2) Location of building, structure, or lot to which or upon which the sign is to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures, including other signs. (4) The zoning classification of the property on which the sign is to be located, and the zoning classification of all property within 250 feet of the sign location. (5) The specific variation requested and the reasons and justification for such requests. (6) Eleven copies of the signage and site plans shall be required. Sec. 13. Inspection. The building official shall inspect annually, or at such other times as he deems necessary; each sign regulated by this ordinance 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. 0 Secs. 14-20. Reserved. DIVISION 2. SIGN CONTROL BOARD Sec. 21. Creation, composition. There is hereby established a sign control board consisting of five members and two alternate members appointed by the city council and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Members and alternates may participate in meetings, except that only members will vote. In the event of a member's absence, the presiding officer of the board shall designate an alternate who will fulfill the duties of the absent member. Sec. 22. Qualification of members. Members of the sign control board shall be residents of the city or the extraterritorial jurisdiction of the city. Sec. 23. Terms of members. • Members of the sign control board shall be appointed for a period of two years. In the event of Page 8 of 26 a vacancy, the city council shall appoint a member to serve the unexpired term. In the event a replacement or reappointment has not been at the end of a member's designated term, such member will continue to serve until reappointed or replaced. The terms of three (3) members shall expire in May of each odd -numbered year and the terms of two (2) of the members shall expire in May of each even -numbered year. Newly -appointed members shall be installed at the first regular commission meeting after their appointment. Sec. 24. Organization. The board shall hold an organizational meeting in June of each year. The board shall meet regularly and shall designate the time and place of its meetings. The board shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this ordinance and the requirements of law. Sec. 25. Compensation. Members of the sign control board shall serve without compensation. Sec. 26. Officers. The sign control board officers shall select from its;membership the following officers: (1) Chairman. The chairman shall preside at all meetings where he is present. The chairman shall implement or cause to have implemented any practice or procedure in the calling of meetings, conduct meetings, conduct of meetings or reporting of activities that he considers in the best interest of the board and shall so inform the city council or consult with the city council when requested and at such times when it appears necessary or desirable. (2) Vice-chairman. The vice-chairman shall assist the chairman in directing the total affairs of the board. In the absence of the chairman, the vice-chairman shall assume all duties of the chairman. Sec. 27. Temporary chairman; quorum. In the event of the absence of the chairman and vice-chairman of the sign control board, the three members constituting the quorum shall elect, for that meeting, a member to preside as acting chairman and assume all duties of the chairman. All motions shall be decided by a simple majority of the members present. A tie vote shall constitute failure of the motion. Sec. 27. Meetings. The sign control board shall establish one stated meeting per month and shall call special meetings as required to conduct its duties. All stated meetings shall be posted and open to the . public in accordance with state law. The board shall establish the date, time, and place of the meetings. Page 9 of 26 • Sec. 29. Records. All proceedings of the sign control board shall be recorded in minutes of meetings and such minutes shall be approved and made a matter of public record. Sec. 30. Powers, duties. The sign control board shall have the following powers and perform the following duties: (1) The city council authorizes the sign control board to sit as a board of appeals in public hearings for purposes of this ordinance. In considering the requests for variation to requirements of this ordinance, the control board shall consider, but not be limited to, the degree of variance, the reasons for variance requested, the location of variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on general plan for signing within the city. The sign control board shall grant the variance requested, grant a variance of a greater or lesser nature than requested, or deny a variance request. (2) All action on variance requests shall be submitted to the city council for review and such decisions of the board shall become final unless reversed or modified by the city council at the city council meeting following the'Sign control board meeting at which formal • action was taken by the board. In reviewing the action of the board, or variance requests, the council shall consider the records made at the hearing before the sign control board. (3) The sign control board shall conduct continuing studies of sign ordinances in neighboring municipalities as well as other cities where such study will assist in upgrading the function of signing within the city and make recommendations to the city council where appropriate. (4) The sign control board will conduct a continual review of all non -conforming signs and all variances granted and determine their desirability and effects upon the neighborhood and city and make recommendations to the city council where appropriate. (5) The sign control board will evaluate new signing techniques as such are developed and recommend to the city council their benefits or disadvantages in the city. (6) The sign control board may discuss the planning of signing in new or existing developments upon request of the developer. (7) The sign control board shall conduct studies and prepare opinions and general plans as requested by the city council. (8) The sign control board shall perform any duties specified elsewhere in this ordinance. S(9) The sign control board may, from time to time, recommend to the city council amendments or changes to this ordinance. Page 10 of 26 • DIVISION 3. SIGN PERMIT Sec. 31. Required. (a) Erect, alter, replace or relocate. It shall be unlawful for any person to erect, alter or relocate within the city any permissible sign, other than Class 1, Class 2, or Class 3 signs, without first obtaining a sign permit from the building official and making payment of the fee required. The permit may cover more than one sign, but shall apply to only one applicant and one location. (b) Repair. It shall be unlawful for any person to repair any sign requiring a permit when the value of such work exceeds $200.00 without first obtaining a repair permit from the building official and making payment of the fee required. Sec. 32. Application. (a) Erect, alter, replace or relocate. Applications for permits to erect, alter, replace or relocate a sign shall contain or have attached thereto the following information: (1) Name, address, and telephone number of the applicant. (2) Location of building, structure, or lot to which or upon which the sign is to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures, including other signs. (4) Two blueprint or ink drawings of the plans and specifications are required, including electrical wiring, construction, type of materials, method of attachment to building or structure, and foundation for freestanding signs. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city. The designing engineer for a Class 5 sign shall seal his design calculations and stress sheets. (6) Name and address of the person erecting the sign. (7) The zoning classification of the property on which the sign is to be or is located, and the zoning classification of all property within 100 feet of locations for Class 5 signs. (8) Such other information as the building official shall require to show full compliance with this and all other laws and ordinances of the city. (b) Repair. Application for sign repair permits shall contain or have attached thereto the following information: i(1) Name, address, and telephone of the sign owner. Page 11 of 26 (2) Name, address, and telephone number of the person providing the repair service. (3) Location of building, structure, or lot upon which sign is located. (4) Description of the repair activity to be performed. (5) Such other information as the building official shall require to show full compliance with this and all other laws and ordinances of the city. (c) Internally illuminated signs. Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, the electrical inspector shall examine the plans and specifications submitted with the application to ensure the compliance with the electrical code of the city and with the requirements of the Underwriters' Laboratories. The electrical inspector shall approve the application if it meets these requirements and disapprove it if it does not. Approval of such an application by the electrical inspector is required before the building official may issue a sign permit. An electrical permit is also required. Sec. 32. Issuance and term. It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect or repair the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this ordinpnce, the building code and all other laws and ordinances of the City, he shall then issue the sign permit. If the work authorized under a sign 40 permit has not been within six months after date of issuance, the permit shall become null and void. Sec. 33. Fees. Fees for the issuance of a sign permit shall be determined from time to time by appropriate resolution of the City Council. Secs. 34-40. Reserved. ARTICLE III. CLASSIFICATION Sec. 41. Classifications described. Signs are classified as follows: (1) Class 1, minor signs. (2) Class 2, window signs. (3) Class 3, traffic -related signs. (4) Class 4, temporary promotional signs. O(5) Class 5, major freestanding signs. Page 12 of 26 (6) Class 6, monument signs. S(7) Class 7, major attached signs. Sec. 42. Class 1, minor signs. Minor signs in the use districts, where permitted, may be either freestanding or attached, unless otherwise specified, and do not require approval by any municipal agency prior to erection with the exception of permanent sales and lease signs [see subsection (16) of this section]. Specifically, Class 1 signs shall include: (1) Signs not exceeding eight square feet in area and not exceeding four feet in height in single-family, duplex and apartment districts which advertise the sale, rental or lease of the premises upon which such signs are located only. The number of such signs shall be limited to one per lot or complex, except where such lot or complex abuts more than one dedicated public street, one additional sign shall be allowed for such additional public street. (2) Signs not exceeding 24 square feet in area and not exceeding eight feet in height in all districts, except single-family, duplex and apartment, which advertise the sale, rental or lease of the premises upon which such signs are located only. The number of such allowable signs shall be limited to one for tracts, sites or complexes having less than 200 feet abutting public or internal circulation streets. For tracts, sites or complexes having 200 feet abutting public or internal circulation streets, two such signs shall be allowed plus one additional sign for each additional 100 feet of abutment. In no event may the is number of such signs exceed four for a given tract. Such signs shall be removed upon issuance of any occupancy permit. (3) Nameplates not exceeding one square foot in area (4) Temporary political signs: a. Residential district (single-family, duplex and multifamily). A maximum of three square feet and four feet in height is allowed for political signs in developed areas. Such signs must be located on the house side of the public sidewalk. Temporary - zoned, undeveloped residential areas may have temporary signs as prescribed below for other than residential districts. b. Other than residential districts. A maximum of 16 square feet and eight feet high; such signs must be located a minimum of ten feet back of curb. Signs are prohibited in street right-of-way. c. Political signs shall not be posted more than 30 days prior to the election to which the sign relates and shall be removed within 15 days following the election to which signs relate. d. No political sign may be placed in any location that obstructs vision for traffic. Any sign which has been placed in violation of the provisions of this section may be removed by the building inspection department ten days after written notice to the • property owner. Any expense incurred by removal of shall be paid by the property Page 13 of 26 owner of the property on which the sign is located. . (5) Temporary construction signs denoting the architect, engineer, contractor, subcontractor, and/or financier and temporary signs denoting the future location of a particular business, retail center or institution subject to one such construction sign and one such future location sign per street adjacent to the construction site or future location site and each sign not to exceed 32 square feet in area, and providing such signs do not extend above 15 feet in height, measured from ground level, and providing such signs are located on the premises where construction or location being advertised is or will be occurring. Only one construction sign and one future location sign may abut a given street. Such signs shall be removed upon issuance of any occupancy permit. (6) Occupational signs denoting only the name and profession of an occupant in a commercial, public, office or institutional building and not exceeding three square feet in area. Such signs may not extend above the roofline. (7) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials. Such signs shall not exceed four square feet in area for each wall facing a street. (8) Flags, emblems and insignia of the United States, federal agencies, and any state or local governmental body including corporate and logo flags, and decorative displays for holidays or legal public demonstrations which do not contain advertising and are not used as such. Corporate and logo flags shall be limited to one per site when accompanied by a U.S. and/or state flag R equal size or larger. Corporate logo flags • shall be limited in size to 40 square feet for sites of less than one acre, 60 square feet for sites of more than one acre but less than five acres, and 96 square feet for sites of five or more acres, and 40 square feet for sites in residential zoned districts regardless of acreage. (9) Signs not exceeding three square feet in area may be suspended from the side of a projecting structure. Such signs must be eight feet above a walkway. (10) Signs not exceeding 16 square feet and not exceeding six feet in height for establishments providing engine fuel sales which advertise prices of fuel on premises, providing such sign shall be permanently attached to a structure; no establishment shall have more than one sign per street front. (11)Temporary home builder directional signs located off the premises being advertised, providing such signs do not exceed four square feet in area, and providing that no more than one such sign per block is allowed for each builder. The sign must contain the name of the subdivision or the name of the builder or the name of the building corporation and may contain the corporation logo and directional indicator. Such signs may not be located in street medians, obstruct vision of traffic or pedestrians, nor be constructed of cardboard. Signs must be kept well painted and in good condition and may be utilized only from Friday at 12:00 noon until the following Monday at 6:00 a.m. (12) Temporary directional signs located off -premises advertising the sale of real estate, providing such signs do not exceed four square feet in area, and providing that signs may contain the word 'open" and may contain directional indicator. Such signs may not be located in street medians, obstruct vision of traffic or pedestrians, nor be constructed Page 14 of 26 of cardboard. Signs must be kept well painted and in good condition and may be utilized • only from Friday at 12:00 noon until the following Monday at 12:00 noon. (13) Signs not exceeding one square foot in area affixed to windows or doors which identify emergency telephone numbers, hours and security information. (14) Signs on sites used by public, charitable, or religious institutions in any use district where such signs are an integral part of the site architecture or landscaping. For residential subdivision identification signs, the signs shall be attached to the screening wall or landscaping planter and may not exceed 24 square feet in area and six feet in height. A maximum of two signs per adjacent public street shall be allowed. All other sites shall not be allowed more than one freestanding sign and one attached sign. Attached signs shall not exceed 24 square feet in area and shall be located entirely below the roof line of the building. Attached signs for educational institutions shall be permissible in these districts; providing, however, no more than one major attached sign and one attached bulletin board will be allowed per building. The letters for the attached sign shall be not more than 12 inches in height and the bulletin board shall be no more than 25 square feet in size. Freestanding signs shall not exceed 24 square feet in area and six feet in height, except for religious institutions which shall not exceed 60 square feet in area. 05) Signs in any district not to exceed three square feet to advertise available employment. (16) Reserved. (17) Signs containing street address numbers, providing that such numbers shall be no larger than 12 inches in height, and providing that street address numbers shall be limited to not more than two sets per building. 08) Signs not exceeding 24 square feet in area and not exceeding six feet in height in single- family, duplex, and apartment districts which identify a new home as being a builder's or contractor's model open to the public for inspection. Each building in a subdivision may have one model home sign. Such sign shall be removed prior to the home being occupied as a residence. Sec. 43. Class 2, window signs. Window signs in the use districts, where permitted, do not require a sign permit and do not require approval by any municipal agency prior to erection. In no event may signs be located on the window surface internally or externally in any manner to obscure more than 25 percent of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the 25 percent visibility shall be maintained for the total window area on such street or sidewalk. Specifically, Class 2 signs shall include: (1) Signs painted on the external or internal surface of the window of an establishment in commercial or retail districts with water -durable paint on external surfaces. (2) Signs (except posters), banners or displays located on the internal surface of the window of an establishment in commercial or retail districts only. . (3) Posters, providing such posters are not located on the external surface of the window. Page 15 of 26 (4) Decorations intended to direct attention to and stimulate citizens' interest in public events, providing such signs are painted on the external surface of the window and a 25 percent visibility requirement is maintained. (5) Signs attached to the external surface of a window of a retail or commercial establishment if of water -durable paint or non-combustible material and signs attached to the internal surface of a window which define the name, proprietor, telephone number, or address of such retail or commercial establishment. Sec. 44. Class 3, traffic -related signs. Traffic -related signs in the use districts, where permitted, require a sign permit and must be submitted to the building official and approved by the building official and traffic engineer. Submission to the building official shall include, but not be limited to, a site drawing showing the location of the proposed sign, a dimensional drawing showing size of signs and content of signs, a designation of the material or materials to be used, and the proposed method of erection. Specifically, Class 3 signs shall include: (1) On-site directional signs not exceeding eight square feet, providing such directional signs do not contain advertising and are not used as such. (2) On-site signs not exceeding eight square,; feet, and not exceeding four feet in height, denoting locations for ingress and egress d( prohibiting ingress and egress which may or may not have directional indication, providing such signs do not contain advertising and are not used as such. Sec. 45. Class 4, temporary promotional signs. Temporary promotional signs in the use districts, where permitted, require a sign permit to be issued by the building official prior to erection. Submission to the building official shall include, but not be limited to, a drawing or sketch showing the type, size, height, and location of the temporary promotional sign (including banners, flags, and pennants) along with a description of the means of attachment or support, and the stated purposes of the promotion. Temporary promotional signs are limited to permissive signs in this ordinance. A promotion for a site, center, complex, or subdivision shall be interpreted as a promotion for each and every establishment within such site, center, complex, or subdivision Specifically, Class 4 signs shall include: (1) Signs, banners, flags, balloons, or pennants promoting a merchandise program, opening of a retail or commercial establishment, or center, special program of a public institution, or the opening of a single-family subdivision or multifamily complex, providing that such sign shall have a maximum single use period of 30 days for the initial permit for a new business and a 21 -day permit thereafter. Such sign shall have a minimum period between permits of seven days and a maximum number of four permits per year. The use of balloons shall be restricted to the initial 30 -day permit. The size of a banner shall be limited to one square foot per length of lease space up to a maximum of 200 square feet. Page 16 of 26 (2) Freestanding signs for the purpose of identifying location of or direction to subdivision, • home builders' and developers' sites. On-site signs may not exceed 96 square feet in area and may not exceed 15 feet in height. Off-site directional signs shall not exceed 32 square feet in area and may not exceed 15 feet in height. One sign shall be allowed for parcels of 30 acres or less. One additional sign shall be allowed for each additional 30 acres or any part thereof of development. Permits shall be granted for a maximum period of six-month intervals. Nonresidential signs shall be removed upon issuance of an occupancy permit for the nonresidential structure. Sec. 46. Class 5, major freestanding signs. Major freestanding signs in the use districts, where permitted, require a sign permit to be issued by the building official prior to erection. Major freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area, and shall be constructed to receive dead load as required in the building code or other ordinances of the city. All major freestanding signs shall be placed in concrete bases or footings. Major freestanding signs may be constructed only of materials that are noncombustible or slow -burning in the case of plastic inserts and faces and may be supported by noncombustible material only and finished in a presentable manner; wood or non -painted steel supports are specifically prohibited. Heavy timber and other materials may be used if approved by the building official. Major freestanding signs shall be protected by wheel or bumper guards when required by the building official. Major freestanding signs shall not have attached any guys or braces. Major freestanding signs must,.be located a minimum of 30 feet from an adjoining private property line and a minimum of'60 feet from any other sign and may not be . located within 100 feet of any single family residential zoned property. All major freestanding signs must be located on site. No permit for a major freestanding sign shall be issued unless the application therefor contains a letter of approval and request from the owner of the real property where such sign is to be constructed. No major freestanding sign shall be constructed so that the minimum clearance thereof is less than nine feet if any portion thereof overhangs a driveway, parking space, sidewalk, or other public or private right-of-way for the passage of vehicles or pedestrians. All major freestanding signs designed to be constructed at an overall height of eight feet or less from ground level shall be landscaped around the base of the sign in an area equal to four square feet for each square foot of sign and base area. Specifically, major freestanding signs shall include: (1) Signs erected in apartment, office, technical office and industrial districts to identify an establishment, center, complex, occupation, district, or institution. Height, area, and permissible number regulations are defined in the specific use district (Article IV). (2) Signs erected in retail and commercial districts to identify a center or complex or to identify a single establishment and/or advertise the occupants, services, or products of a single establishment. Such signs shall be termed as "single -usage major freestanding signs." Height, area and permissible number regulations for such signs are specified in Article IV of this ordinance. (3) Signs erected in retail and commercial districts to identify a center or complex or to identify multiple establishments and/or advertise multiple occupants, services or products of a center or complex. Such signs shall be termed as "multiple -usage major freestanding signs." Height, area, and permissible number regulations for such signs are specified in Article IV of this ordinance. Page 17 of 26 4) Signs erected in retail and commercial districts as menu boards are limited to one such sign per eating establishment with drive-through service. Height, area, and permissible number regulations for such signs are specified in Article IV of this ordinance. (5) Signs erected in industrial districts to identify a center, complex, or establishment. Height, area, and permissible number regulations for such signs are specified in Article IV of this ordinance. Sec. 47. Class 6, monument signs Monument signs in the use districts, where permitted, require a sign permit to be issued by the building official prior to erection. Monument signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area, and shall be constructed to receive dead load as required in the building code or other ordinances of the city. (1) All monument signs shall be placed in concrete bases or footings. Monument signs may be constructed only of materials that are noncombustible or slow -burning in the case of plastic inserts and faces and may be supported by noncombustible material only, and finished in a presentable manner; wood or non -painted steel supports are specifically prohibited. Heavy timber and other materials may be used if approved by the building official. (2) Monument signs that provide identification or advertisement of a specific business, • service, product, person, organization, place or building shall be termed "single -use monument signs." Monument signs that provide identification or advertisement of multiple businesses, services, products, persons, organizations, places, or buildings shall be termed "multiple -use monument signs." Monument signs must be located a minimum of 30 feet from adjoining private property lines and a minimum of 200 feet from any single -use monument sign and 250 feet from any multiple -use monument sign, except sites abutting two public streets, in which event one sign per street frontage is permitted, providing that no sign is located within 100 feet of any residential zoned property. All monument signs throughout a center or complex on the site shall be constructed of the same material and design. The mixing of monument and other types of freestanding signs within a center or complex is prohibited. (3) Monument signs shall be landscaped around the base of the sign in an area equal to four feet for each square foot of sign and base area. No monument sign shall obstruct the vision of traffic on public streets or be constructed so as to interfere with site lines at elevations between 2.5 feet and eight feet above the top of the adjacent roadway curb within a triangular area formed by the intersection of adjacent curb lines from a point on each curb line 20 feet from the intersection. Monument signs shall be limited to a height of six feet or less, and an area of 35 square feet for single -use signs and 70 square feet for multiple -use signs. Sec. 48. Class 7, major attached Major attached signs in the use districts, where permissible, require a sign permit to be issued by the building official prior to erection. Major attached signs shall be constructed only of Page 18 of 26 materials that are noncombustible or slow -burning in the case of plastic inserts and faces. Combustible materials may be used, providing the sign is attached to a wall with a minimum of two-hour fire resistive rating. Major attached signs placed on heavy wood construction may be of combustible materials, but in no case shall they be internally illuminated. The permissible size of major attached signs shall be as defined in each use district. Major attached signs shall specifically include: (1) Any sign not defined as a minor sign or window sign and affixed directly or indirectly to the exterior of any surface of any building, to a projecting structure of a building or to any outdoor structure, providing that such sign shall not extend above the roof line of a mansard -type roof, and providing that such sign shall not extend more than four feet above the roof line for non -mansard roof structures in retail and commercial districts only. Such sign shall be so designed, constructed and attached so as to withstand a wind pressure of not less than 30 pounds per foot. (2) Any sign not defined as a minor sign and located more than four feet above the roof line of a building, providing such sign is directly affixed to and not extending above or beyond an integral part of the structure of the building, other than the roof, and without the use of supporting poles, towers, guys, or braces of any type, and providing such signs shall be so designed, constructed, and attached so as to withstand a wind pressure of not less than 30 pounds per square foot. (3) Any sign painted or attached directly on the roof surface of a building intended to be visible from the air where such roof surface, when projected to ground level, forms an angle with the ground plane of less than 75 degrees, providing such signs shall contain ® only the identification of an establishment, directional information of value to air transportation, and services available and of interest to air transportation users. Secs. 49-50. Reserved. ARTICLE IV. REGULATION BY USE DISTRICT Sec. 51. Generally. The classification of signs allowed in each use district shall be only those as defined in this article and subject to the conditions specified in this article. Sec. 52. Single-family residential district. The single-family residential use district shall include all zoning classifications designated as detached single-family residences usage. (1) Class 1. Minor signs shall be permissible in these districts except where restricted to retail and commercial districts as specified in Article III. Page 19 of 26 (2) Class 3. Traffic -related signs shall be permissible in these districts. (3) Class 4. Temporary promotional signs shall permissible in these districts except where Page 19 of 26 restricted to retail or commercial districts as specified in Article III. 0 Sec. 53. Apartment districts. The apartment use districts shall include all zoning classifications designated for attached, duplex, and multifamily residences. (1) Class 1. Minor signs shall be permissible in these districts except where restricted to retail and commercial districts as specified in Article III. (2) Class 3. Traffic -related signs shall be permissible in these districts. (3) Class 4. Temporary promotional signs shall permissible in these districts except where restricted to retail or commercial districts as specified in Article III. (4) Class 5. Major freestanding signs shall be permissible in these districts. However, no freestanding sign shall exceed an area of 25 square feet, and providing that no more than one freestanding (or major attached) sign per adjacent public street for an apartment complex shall be permitted, and providing that the height shall not exceed eight feet. (5) Class 7. Major attached signs shall be permissible in these districts, providing no more than one major attached sign (or major frgestanding sign) per adjacent public street for an apartment complex shall be permitted; 'and providing that the area of the attached sign does not exceed 40 square feet. Sec. 64. Industrial districts. The industrial use districts include all zoning classifications designated for storage, warehousing, or industrial usage. (1) Class 1. Minor signs shall be permissible in these districts, except where restricted to retail and commercial districts as specified in Article III. (2) Class 2. Window signs shall be permissible in these districts. (3) Class 3. Traffic -related signs shall be permissible in these districts. (4) Class 4. Temporary promotional signs shall be permissible in these districts, but be limited to freestanding signs for the purpose of identifying location of or direction to an industrial subdivision. (5) Class 5. Major freestanding signs shall be permissible in these districts as specified in Article III. One major freestanding sign 25 square feet in area and six feet in height may be erected on sites or less than ten acres. One major freestanding sign 60 square feet in area and 20 feet in height shall be permitted for industrial sites of ten acres or more, and providing that one additional freestanding sign shall be permitted for each additional ten acres. In any event, no more than one major freestanding sign shall be permitted per industrial building per each adjacent public street. Page 20 of 26 (5) Class 7. Major attached signs shall be permissible in these districts, except where restricted to retail and commercial districts as specified in article III. Such signs shall be entirely below the roof line of the building. Buildings with single street frontage shall be allowed two attached signs. Buildings with frontage on more than one street shall be allowed one major attached sign per elevation per street frontage. For single story buildings intended for multiple occupancy and where the integral architectural design provides for separate features for attaching signs each tenant shall be allowed a maximum of 15 square feet of sign area. The area of other major attached signs allowed herein shall not exceed five percent of the wall area on which it is erected or lease space frontage. Sec. 55. Office, retail, and commercial districts. The office, retail, and commercial use districts shall include all zoning classifications designated for office, local retail, or commercial usage. (1) Class 1. Minor signs shall be permissible in these districts. (2) Class 2. Window signs shall be permissible in these districts. (3) Class 3. Traffic -related signs shall be permissible in these districts. (4) Class 4. Temporary promotional signs shad be permissible in these districts. (5) Class 5. Major freestanding signs shall be permitted in these districts. Single -usage major freestanding signs, as described in Article III, shall not exceed a height of 20 feet and shall not exceed an area of 60 square feet. Multiple -usage major freestanding signs, as described in Article III, shall not exceed a height of 20 feet and shall not exceed an area of 80 square feet. The number of signs shall be limited by the following: a. For sites of less than ten acres, one single -usage major freestanding sign shall be permitted. b. Eating establishments with drive-through service are permitted one menu board sign per site, limited to 30 square feet, eight feet high, and located no closer than 30 feet to adjacent property lines. c. For sites of ten acres, but less than 15 acres, two single -usage major freestanding signs shall be permitted or one single -usage major freestanding sign and one multiple -usage major freestanding sign shall be permitted. d. For sites of 15 acres or greater, three single -usage major freestanding signs shall be permitted, or one multiple -usage major freestanding sign and two single -usage major freestanding signs shall be permitted or two multiple -usage major freestanding shall be permitted, providing that only one multiple -usage major freestanding sign may be located per public street frontage. • e. For sites exceeding 15 acres on which signs are desired in excess of the above regulations, a total sign plan for the site may be submitted to the sign control board Page 21 of 26 for consideration as a variance of this ordinance. (6) Class 6. Monument signs shall be permissible in these districts. (7) Class 7. Major attached signs shall be permissible in these districts subject to the following conditions and restrictions: a. An attached sign may have an area not exceeding that calculated by multiplying the length of the building front by two feet. This calculation shall be termed base allowable area. In no event may an attached sign exceed a maximum allowable area of 200 square feet. b. A permissible attached sign located at a height above 20 feet shall be permitted an increase in the base allowable area and an increase in the maximum allowable area. Such increases shall not exceed two square feet in area, over that allowed for a sign located at 20 feet of height, for each additional one foot in height above 20 feet. c. Attached signs may be located on each exposed face of a building; however, the sum of the area of all attached signs shall not exceed twice the base allowable area nor shall exceed twice the maximum allowable area as specified in above subsections (7)a and (7)b of this section. Sec. 56. Summary of districts. • The following tables summarize the districts defined in this article, the permissible classes of signs, and all restrictions pertaining to area, height and number of signs. These tables do not summarize all regulations included in this ordinance. • Page 22 of 26 Table One Table for Residential Districts (Single and Multifamily) Districts Permissible Max. Area Max. Height Max. Number Classes Single family and 1, 3, 4 » duplex districts Subdivision sign 24 square feet 6 feet 2 per adjacent public street Educational Bulletin board 25 square feet Below roof line 1 per building institutions Attached sin 12 inch letter Below roof line 1 per building Public, charitable, Freestanding sign 24 square feet" 6 feet 1 per site or religious institutions Attached sign 24 square feet Below roof line 1 per site Apartment district 1, 3, 4 » 5 25 square feet 8 feet 7 40 square feet 8 feet below roof 1 or either class per _t line I adjacent public street n1 U� 1w III UI II 110 UI U IIIdI IGe. *" Religious institution — 60 square feet. Class 1 -Minor signs Class 2 -Window signs Class 3 -Traffic -related signs Class 4 -Temporary promotional signs Class 5 -Major freestanding signs Class 6 -Monument signs Class 7 -Major attached signs • Page 23 of 26 I I I 0 0 • Table Two Table for Office and Technical Office Districts Permissible Classes Max. Area Max. Height Max. Number 1 3 4 , 6 16 square feet 6 feet 1 er buildin 7 1 per building (a) If attached to a decorative screening 16 square feet 8 feet wall or landscape planter (b) If attached to a projecting structure 25 square feet Below roof line (c) If attached to surface of main building 25 square feet plus N/A 3 square feet for each 1 foot in height above 20 feet HAW to Article IIIf th' d' o s or finance. Class 1 -Minor signs Class 2 -Window, signs Class 3 -Traffic -related signs Class 4 -Temporary promotional signs Class 5 -Major freestanding signs Class 6 -Monument signs Class 7 -Major attached signs Page 24 of 26 n U Table Three Table for Industrial Districts Permissible Max. Area Max. Height Max. Number Classes 1,23 , 4 (on-site) 96 square feet 15 feet 1 for sites of f3oacres or less; 1 additional for each additionacres or any potion thereof 4 off-site 32 square feet 15 feet 5 25 square feet 6 feet 1 for sites less thanl0 acres but not more than 1 per building per adjacent public street 6 60 square feet 20 feet 1 for sites of 10 acres or more and 1 additional for each additional 10 acres. but not more than 1 per building per adjacent public street 7 5% of the wall Below roof line 1 per building or lease space within building — 1 area to which per street frontage for building or lease space with attached multiple street frontages `Rnicr fn A'+inln III ..i 16:_ _':----- '• I— —• a Lw10 ul V I LI 110 UI U111WILU. Class 1 -Minor signs Class 2 -Window signs Class 3 -Traffic -related signs Class 4 -Temporary promotional signs Class 5 -Major freestanding signs Class 6 -Monument signs • Class 7 -Major attached signs • Page 25 of 26 0 Pi • Table Four Table for Retail and Commercial Districts Permissible Classes Max. Area Max. Heiciht Max. Number 1,2.3,4 5 (a) Single usage sign 60 square feet 20 feet For sites of less than 10 acres, 1 single -usage sign (b) Multiple -usage sign 80 square feet 20 feet For sites of 10 acres but less than 15 acres, 2 single -usage signs or 1 single usage sign and 1 multiple -usage sign (c) Menu board 30 square feet 8 feet 1 on-site menu board per drive-in establishment 6 (a) Single -usage sign 35 square feet 6 feet Spaced 200 feet apart b Multiple -usage sin 70 square feet 6 feet Spaced 250 feet apart 7 Sign area may not Below roof line for Sum of all attached sign area exceed 2 times the length mansard type roofs. on a building may not exceed of building front or 200 Limited to 4 feet above twice the area allowed for a square feet, whichever is roof line for non- single sign. Attached signs less, for signs at heights mansard type roofs. may be located on each of 20 feet or less. Above May extend higher if exposed face of the building. 20 feet in height, an attached to an integral additional 2 square feet is architectural feature of allowed per additional the building other than foot of height, the roof. • o_a_-a_ w ♦al Cl to MI utaC 111 U! trllti Ordinance. Class 1 -Minor signs Class 2 -Window signs Class 3 -Traffic -related signs Class 4 -Temporary promotional signs Class 5 -Major freestanding signs Class 6 -Monument signs Class 7 -Major attached signs Page 26 of 26