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HomeMy WebLinkAboutOrd 194A-2005 Amend Sign Ordinance 2001-01.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 194A-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING ORDINANCE 2001-01 RELATING TO SIGN REGULATIONS, AND ORDINANCE 146A-2004, IN THEIR ENTIRETY AND REPLACING THEM, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE FINDINGS OF THE CITY OF ANNA CITY COUNCIL: 1. The City of Anna, Texas ("City") is authorized to regulate the installation, maintenance, placement, and removal of signs within the City and its extraterritorial jurisdiction; and 2. The City deems the regulation of signs as necessary to protect the health, safety and welfare of the public; and 3. The City deems the passage of this Ordinance to be in the best interest of the citizens of Anna. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. INCORPORATION OF FINDINGS That all matters stated in the Findings of the City Council of the City of Anna, Texas are found to be true and correct and are incorporated here by reference as if copied in their entirety. SECTION 2. SECTION 2 OF ORDINANCE 2001-01 AMENDED Section 2 of Ordinance 2001-01 is amended to read as follows: 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. ORD 194 A-2005 Amend Sign Ordinance.doc Page 1 of 10 03-08-2005 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 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. Off -premises sign means a sign that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured on the premises on ORD 194 A-2005 Amend Sign Ordinance.doc Page 2 of 10 03-08-2005 which the sign is located On -premises sign means a sign installed and maintained on the same premises as the business, person, or activity. 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. Public view means a view from any public or City right-of-way or access easement. 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 roofs, 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 any form of publicity o advertising that directs attention to an individual, business, commodity, service, activity, or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of print, bills, poster, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, building, or other structures or supports. This definition shall also include any device, fixture, placard, or structure that uses any color, form graphic, illumination, symbol, or writing to advertise, announce the purpose of a person or entity, or communicate information of any kind to the public. Static display means the use of displays or devices for the purpose of drawing or attracting attention to a location, site, business, or activity. Structural trim means the molding, battens, cappings, nailing strips, latticing, and platforms attached to the sign structure. Street means any public roadway that affords the principal means of access to abutting property. Vehicle means any automobile, truck, camper, van, trailer, or any device capable of transporting persons or property and shall be considered a "vehicle" in both moving and stationary modes, irrespective of condition. SECTION 3. SECTION 6 OF ORDINANCE 2001-01 AMENDED Section 6 of Ordinance 2001-01 is amended to read as follows: Sec. 6. General regulations. All signs in all classification and use districts, where permitted, shall conform to the general regulations listed in this ordinance: ORD 194 A-2005 Amend Sign Ordinance.doc Page 3 of 10 03-08-2005 (1) 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. (2) 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. (3) 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. (4) 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 or commercial use. SECTION 4. SECTION 7 OF ORDINANCE 2001-01 CREATED Section 7 of Ordinance 2001-01 shall be created to read as follows: a. A sign coordination plan is required to be prepared for variance requests. A sign coordination plan is also required prior to the permitting of specified signs to determine overall sign locations on a property, the relationship of the signs to surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs with a unified development zone or residential development. The sign coordination plan shall be submitted to the Planning and Zoning Commission for review and approval. b. A sign coordination plan shall contain the following information: Elevations of the signs illustrating the materials of construction, colors, lighting, font of letters, and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building. 2. Elevations depicting the size of the signs in relation to the size of the buildings within the development. 3. A plan drawn to concept plan, preliminary site plan, or site plan specifications of the site illustrating the location of existing and proposed signs on the property and, if required by City staff, on adjacent properties. 4. Other information to illustrate the consistency and uniformity of the signs. 5. For unified development signs, the sign coordination plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included on the unified development signs erected within the unified development zone. ORD 194 A-2005 Amend Sign Ordinance.doc Page 4 or 10 03-08-2005 c. For non-residential and multi -family developments, the sign coordination plan shall be submitted to the City for review with a concept plan, preliminary site plan, or site plan of the property. For single family and two-family developments, the sign coordination plan shall be submitted to the City for review with a concept plan, preliminary plat, or final plat of the property. d. A sign coordination plan required of specified signs shall be submitted to the Planning and Zoning Commission for review and approval. Should the Planning and Zoning Commission deny a sign coordination plan, the plan will be forwarded to the City Council for review and consideration. The City Council may approve or deny the plan. The City Council's decision is final. SECTION 5. SECTION 32 OF ORDINANCE 2001-01 AMENDED "Section 32. Issuance and term" of Ordinance 2001-01 shall be renumbered as Sec. 33. SECTION 6. SECTION 33 OF ORDINANCE 2001-01 AMENDED "Sec. 33. Fees" of Ordinance 2001-01 shall be amended to read as follows: Sec. 34. Fees. Fees for the issuance of a sign permit shall be determined from time to time by appropriate resolution of the City Council. The fee for a sign permit for a sign that was constructed without a permit shall be twice the cost of the standard permit fee. SECTION 7. SECTION 46 OF ORDINANCE 2001-01 AMENDED Section 46 of Ordinance 2001-01 shall be revised to read as follows: Sec. 46. Class 5, major freestanding signs. Class 5 major freestanding signs are prohibited. SECTION 8. SECTION 47 OF ORDINANCE 2001-01 AMENDED Section 47 of Ordinance 2001-01 shall be amended to read as follows: Sec. 47A. Class 6, monument signs. Definition An individual monument sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid and opaque base and generally used to identify the name of a business or development. 2. General Regulations ORD 194 A-2005 Amend Sign Ordinance.doc Page 5 of 10 03-08-2005 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. (4) The design, materials, and finish of an individual monument sign shall match those of the buildings on the same lot. An individual monument sign shall contain a minimum one (1) foot masonry with mortar border around all sides of the sign. Back -lit signs shall be inset into the pedestal of the sign rather than attached or applied to the pedestal. (5) Signs constructed in conjunction with unified development and internal monument signs shall be consistent with the building elements and materials of unified development signs within the unified development and internal monument signs on the same lot and within the unified development. (6) Monument signs are permitted to contain electronic variable messages subject to the following conditions: a. Variable message monument signs shall only be permitted along a major thoroughfare or greater as designated on the Thoroughfare Plan, as it exists or ORD 194 A-2005 Amend Sign Ordinance.doc Page 6 of 10 03-08-2005 may be amended. b. Variable message monument sign characters shall have a minimum height of ten inches and a maximum height of sixteen inches. C. Variable message monument signs shall not be animated, Flash, travel, blink, fade, or scroll. d. Variable message monument signs shall remain static for not less than fifteen seconds. e. Variable message monument signs are permitted to contain time and temperature displays. The time and temperature displays shall remain static for not less than three seconds. f. Variable message wall signs are also permitted but only one variable message sign, either monument or wall, is permitted per lot. SECTION 9. SECTION 47C OF ORDINANCE 2001-01 CREATED Section 47B of Ordinance 2001-01 shall be created to read as follows: Sec. 47B. Internal monument signs a. Definition An internal monument sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and generally used to provide direct to drive- through lanes and to buildings and tenants within large multi -tenant retail, multi -family, or office developments. b. Conditions of use 1. Time A sign permit shall not be issued to erect or place an internal monument sign on a property until a site plan and/or final plat has been approved by the City Council for development of the property and after issuance of a building permit on a building on the property. 2. Place An internal monument sign is permitted only in conjunction with a non-residential use and in a non-residential zoning district. Minimum front yard setback is seventy-five (75) feet from the property line. 3. Manner The design, materials, and finish of internal monument signs shall match those of the buildings on the same lot. Signs constructed in conjunction with unified development and individual monument signs shall be consistent with the building elements and materials of the unified development signs within the unified development and individual monument signs on the same lot and within the unified development. ORD 194 A-2005 Amend Sign Ordinance.doc Page 7 of 10 03-08-2005 If a property averages more than two (2) internal monument signs per acre, a sign coordination plat as defined in Section 7 shall be approved for the placement of the signs. The maximum area of an internal monument sign is six (6) square feet. The maximum height of an internal monument sign is thirty (30) inches. SECTION 10. SECTION 47C OF ORDINANCE 2001-01 CREATED Section 47C of Ordinance 2001-01 shall be created to read as follows: Sec. 47C. Unified development monument signs a. Definition A unified development monument sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and generally used to identify multiple tenants within a unified development. b. Conditions of use 1. Time A sign permit shall not be issued to erect or place a unified development monument sign on a property until a site plan has been approved by the City Council for development of the property and after issuance of a building permit for a building within the unified development zone. 2. Place A unified development monument sign shall be located within a unified development zone. A unified development zone shall: • Consist of multiple lots with the same subdivision name or multiple lots that were depicted on the same concept plan, preliminary site plan, or site plan, and • Be united through common building architecture, color, and materials, landscaping, and parking. A unified development monument sign is permitted on the same lot as an individual monument sign, but the total number of unified development monument signs and individual monument signs located within a unified development zone shall generally not exceed the number of lots located within the unified development zone. The minimum front yard setback for a unified development monument sign is fifteen (15) feet from the property line. No minimum side and rear yard setbacks are required for a unified development monument sign, but such sign shall not be located closer than seventy-five (75) feet to another unified development monument sign or an individual monument sign. ORD 194 A-2005 Ammd Sign Ordinance.doc Page 8 of 10 03-08-2005 3. Manner A unified development monument sign shall be constructed of materials and a design consistent with the buildings located on the property. A unified development monument sign shall contain a minimum one foot masonry border around the sign. A unified development monument sign constructed entire of masonry materials shall satisfy the border requirement. The maximum area of a unified development monument sign shall be based on the size of the unified development zone. The maximum area of a unified development monument sign for a unified development zone of five (5) acres or less is sixty (60) square feet. For every whole acre over five (5) acres, the area of the sign may be increase by twelve (12) square feet with the maximum area of a unified development monument sign being one hundred sixty-eight (168) square feet. The maximum height of a unified development monument sign is sixteen (16) feet. Architectural embellishments for unified development monument signs are encouraged. Exceptions in maximum height and area may be considered through the review of the sign coordination plan defined in Section 7 One unified development monument sign is permitted per street frontage of the unified development zone. One additional unified development monument sign is permitted along a street for each additional 750 linear feet, or portion thereof, of street frontage that exceeds 750 linear feet of street frontage. Prior to City consideration of a unified development zone, all property owners located within a proposed unified development zone must submit notarized letters to the City authorizing the creation of the unified development zone. A lot shall only be included in a single unified development zone. SECTION 11. ORDINANCES IN CONFLICT ARE REPEALED All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. SECTION 12. PENALTIES FOR VIOLATION Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 13. SEVERANCE OF INVALID PARTS AND SAVINGS If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. ORD 194 A-2005 Amend Sign Ordinance.doc Page 9 of 10 03-08-2005 SECTION 14. EFFECTIVE DATE This ordinance shall take effect immediately upon its passage, approval, and required publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, on this the 8`" day of March, 2005. APPROVED: neth Pelham, KI ATTEST: W IRWIN IMMA? va Is M& ... ORD 194 A-2005 Amend Sign Ordinance.doc Page 10 of 10 03-08-2005