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HomeMy WebLinkAbout07052001 BSC Agenda Item 7 • • Sign ordinance overhaul and update OCII*C‘7-2-01 Amend Subchapter B, Chapter 3 of the Code of Ordinances as follows: Subchapter B. Signs Sec. 3.201.Definitions. In this subchapter: Canopy means an open-air structure(either free-standing or attached to a building) that affords shade or shelter for persons standing or walking beneath it. Display area (or "DA') means includes the whole surface area of a sign. All faces of a sign are counted, except that only one side of an ordinary cloth flag is counted. The area of up- rights,bracings and other structures supporting a sign are only counted to the extent: (i) they are used or designed to display a message, (ii) they form a sign border, or(iii)they are otherwise designed or used to attract the attention of the public to the supported sign. If there is a bonder, all the area within the border(including any cutout area) is counted,plus any facings extending beyond the border. If sign symbols are painted onto (or affixed) directly to the surface of a wall, awning,window or other structure not otherwise erected or altered for sign purposes, and if there is no sign border, only the area of the symbols themselves is counted. Example: Letters and numbers are painted onto a load-bearing wall not otherwise altered for sign purposes. There is no sign border. In this example, only the area of the brush strokes forming the letters and numbers is counted as display area. Fixed. A sign is "fixed"if it is : (i)madc cntircly of rigid matcrials, and(ii)designed and•affixed to be a permanent, non-moveable sign. ' .e • " ' - _ • • _•Exception: Neither a flagpole nor a flag is considered a"fixed"sign. Ground sign means a sign affixed to the ground directly and independently of other structures. High clearance banner means a banner meeting all of the following criteria: (i) it is made of non-rigid materials, (ii) it is displayed above a street area,but no part of it is lower than 15 feet,and(iii) it is not attached to any pavement or facility owned by the City. Non-Fixed. A sign is non-fixed if it is: (i) made of non-rigid material (e.g., cloth, cardboard,paper,pliable plastic), in whole or in part, (ii) designed and attached so that it can be immediately picked-up and moved by a single person of ordinary strength,without using any tools. Relevant facade area means the area of a bui •'• •- where the principal entrance is located. Facade area is measured using a simp - vi-w of the building's elevation. Exception: For a building with separate • •• units. t - •tal facade area of each facade with a principal entrance to a unit is divided and allocated to each unit in direct proportion to the facade area bordering the unit's space. • • ir4 Residential impact site means any given site, neither used for SFR purposes nor located on a major thoroughfare, but having a front street line along a street where 51 percent or more of the sites in the "impact area" are used for SFR purposes. The "impact area" includes all sites with front street lines along the same street(counting on both sides of the street) and located(in whole or in part)within 200 feet of a side property line of the given site. Retail unit means a whole building or part of building which: (i)is separately owned or leased, (ii)has a principal entrance visible from a street area with direct access from the street • area(or through a common use area open to the public), and(iii) is primarily used to sell goods or services, in person,to members of the general public. In a typical shopping center, for example, each ordinary store would probably be a separate `retail unit,"but an ordinary business office would not be a separate"retail unit". Rigid materials includes: (i) materials which are always rigid and(ii) other materials which appear to be taut or rigid when on display, even though they may be designed to bend, stretch or break under wind loads or other unusual stresses. SFR means single-family residential. Semi-Fixed. A sign is semi-fixed if it is: (i)made entirely of rigid materials and(ii) designed and affixed so that it does not move while on display, and(iii) capable of being immediately picked-up and moved by a single person of ordinary strength,without using any tools. Sign has the same meaning as in Chapter 393, Texas Transportation Code("In this chapter, `sign' means an outdoor sign, display, light, device, figure,painting, drawing, message, plaque,poster, or other thing that is designed, intended, or used to advertise or inform.") The term includes any structure, vehicle or other object which has the principle purpose of supporting or displaying a sign. Each physically separate display is considered a separate sign unless: (i) it is solidly joined connected with another display(or a structure)to form a compact and contiguous sign unbroken by internal borders, frames or other divisions, or(ii) it is enclosed within a frame or border designed to form a unified sign. Signs on the outside surface of any wall, window or other structure are considered to be "outdoor." Symbols includes letters, numerals,pictures and other symbols used to communicate a message. Temporary. A sign is temporary if, on the same premises, neither it nor any other non- fixed or semi-fixed sign riuri-fixx,d sign is displayed more than: (i)two times during any 365-day period, (ii) one time during any 30-day period,and or(iii) 72 hours each time. For this purpose, "premises"includes the entire building site,unless there are two or more retail units on the site, in which case each unit is considered separate "premises". Sec. 3.202. General prohibitions,permits. (a) Compliance required. Within the City limits, it shall be unlawful for any person: (1) to erect, place or alter any sign which does not comply with this Chapter or which exceeds any limit prescribed by this Chapter; (2) to use, own or control any place where a sign is located, if the sign does not comply with this Chapter, or if it exceeds any limit prescribed by this Chapter. (b)Permits for fixed signs. Within the City limits, except as authorized by a valid and unexpired permit issued pursuant to this section, it shall be unlawful for any person: (1) to erect, place or structurally alter a fixed sign; ' • • 4 ci444. (2) to use, own or control any place where and when a fixed sign is erected, placed or structurally altered. Sec. 3.203. Procedures, defenses, etc. (a)Permit&License Procedures. The procedures prescribed by this Code for administering building permits (including issuance, revocation, suspension, transfer, etc.) shall also apply to permits under this Chapter. The Building Official may modify forms, etc., to conform to this Chapter. All actions of the Building Official under this Chapter, and all applications for interpretations or variances, are subject to the authority of the BSC in the same manner as similar, building-related actions. (b)Prior non-conformities. In any proceeding to enforce this subchapter, it is an affirmative defense that, at the time of the offense, the entire sign in question(or at least the aspect of the sign alleged to be in violation)had status as a prior non-conformity. Both the acquisition of PNC status and the loss of PNC status are determined by the principles and procedures set out in Article 12 of the zoning ordinance,except that the BSC has the authority of the ZBA. Changing only the face of a sign, or only the message, does not alter the PNC status of any sign,provided there is no structural alteration or other change. (c) Other defenses. In any proceeding to enforce this Chapter(but not in a proceeding to enforce state law such as, for example, a proceeding involving a sign on a public road), it shall be an affirmative defense that the sign in question: (1) was not primarily directed toward persons in motor vehicles within a street area, and no symbols on the sign were taller than 12 inches; or (2) did not remain in one place for three hours or more; or (3) was locatcd inside a building and-directed toward persons inside-the building; or • . • . • (3) was located more than 30 feet from the nearest street area and completely integrated into the design of a vending machine; or LD was required to be displayed by an applicable regulation. bran:finance-or by any state of fed..raHaw, rule or regulation. Sec. 3.204. Streets and City-controlled areas. (a)In general. It shall be unlawful to erect,place, alter or maintain any sign in, on, or over any street area or other area owned or leased by the City, unless the sign is: (1) an official sign in a street area authorized by the traffic control officer; or (2) an official sign in a non-street area authorized by the appropriate City official (see, e.g., Chapter 18); or (3) a sign specifically authorized by motion, resolution or ordinance adopted by the City Council. (b)Public roads. As provided in Chapter 393, Texas Transportation Code, signs not authorized by state law are prohibited on a public road right of way, and any permit issued for a sign in violation of said Chapter 393 is not effective. For this purpose, a high-clearance banner has been determined not to be"on"a public road right of way within the meaning of Chapter 393. • • 4 (c)Interference, Etc. It shall be unlawful for any person to interfere with or obstruct any sign authorized by the City in a street area or other area owned or leased by the City. (d)Presumption of maintaining. When a sign is: (i) located in, on or over a street area or other area owned or leased by the City, (ii)has no obvious official purpose, and(iii)has an obvious connection to a nearby or abutting site, it is presumed to be maintained by each person who controls that site. Sec.3.205. Limits on high-clearance banners. (a)Registration. No high clearance banner maybe displayed above a street area unless it is effectively registered in advance with the traffic control officer. The traffic control officer may prescribe forms and procedures for registration. Registrations take priority in the order made,but a registration is ineffective if made more than two years in advance. (b)Annual, individual limits. After 12 banners are registered for any given calendar year, no further registrations for that year are effective. No high-clearance banner may be registered for, or displayed, for more than 30 days (aggregate) in any calendar year. No more than two banners may be registered for display at any given time. (c)Locations. Banners may only be displayed above Buffalo Speedway, University Boulevard, Edloe Street, Auden Street, or Weslayan Street. (d)No City involvement. No City officer or employee may place or attach high-clearance banners. This shall be the responsibility of the person who registers the banner. Sec. 3.206. Nuisance; removal of unlawful signs. Any sign which does not comply with the Chapter, or which exceeds any limit imposed by this Chapter, is declared a nuisance. The building official has the authority to have removed any such sign, if the City has a right of access to the place where the sign is located. The cost of such removal shall be paid by the person owning the sign, and any person who erected,placed or maintained the sign,jointly and severally. Sec. 3.207. Sizes; numbers; spacing; design; etc.time-limits.. (a)Sizes, numbers, etc.. On each building site,the limits on the maximum number and sizes of signs are prescribed in Table 3-1. (b) Ground signs. A ground sign may not: (1) occupy the space from two feet in height to four feet in height, except for the supports for such sign which shall not occupy more than ten per cent of such space. (Exception: This does not apply if the sign is located at least five feet from the nearest roadway, driveway or public sidewalk.) (2) be located within 10 feet of a street area,unless it is a fixed sign meeting all other applicable regulations(e.g.,permit, height, maximum area); (3) be located outside the center two-thirds of the building site, measured along each street line; (4) be located within 15 feet of any other building site; (5) be located within 100 feet of another ground sign on the same building site that is oriented toward a different street; (6) have more display area than 25 sq. ft. per face if any part is located within 10 ft. of a street area(otherwise 75 sq. ft. per face); or • • ., ,.,1,,\ (7) have any unintegrated supports, sign elements, auxiliary projections or attachments (all must be completely integrated into the design of the sign, both structurally and visually). This subsection does not apply to sites used for SFR purposes. (c) Building-mounted signs. A building-mounted sign may not: (1) project more than two feet from the nearest face of the building; (2) be higher than the nearest part of the building; (3) exceed the aggregate size limits set out in Table 3-2; or (4) be mounted on a facade other than the one used to calculate the relevant facade area(RFA) for Table 3-2. This subsection does not apply to sites used for SFR purposes or to canopy-mounted signs. (d) Canopy-mounted signs. A canopy-mounted sign may not: (1) be separate from the canopy, either structurally or visually(from all viewpoints within a street area or within a residential building it must appear to be part of the canopy itself, not attached or suspended); or (2) exceed the aggregate size limits set out in Table 3-2; or (3) be mounted on a facade other than the one used to calculate the relevant facade area(RFA) for Table 3-2. This subsection does not apply to sites used for SFR purposes. (e)Maximum height. No part of any sign may have a height greater than eight 2 feet. Exception: signs painted on, or affixed directly to, the surface of a building wall or canopy may extend as high as the wall at the point of attachment, if the sign does not face any site within 200 feet that is used for SFR purposes. (f) Coordinated design. All signs related to a shopping center(or other premises with either a common owner or occupant) shall conform to an master sign plan for the whole premises. A master sign plan is not effective unless it is: (i) submitted by the owner(s) of the •remises ii as.roved b the buildin. official and iii recorded in the real e ro.e records of the county. To be approved by the building official, the plan must require that each sign, to the greatest degree practicable: (1) have visible elements made of the same materials (Exception: this does not apply to allowed temporary signs); and (2) use coordinated design features. This subsection does not apply to sites used for SFR purposes. Sec.3.208. Location, construction. (a) Generally. Signs may only be placed and constructed in such places and in such a man- ner that they will not create a traffic, storm, personal injury or fire hazard. Signs are subject to the zoning ordinance (which regulates, for example, height,placement in yards and orientation on certain corner sites) and all the other applicable regulations. (b)Building sites. No sign may be located outside a building site, except for signs duly authorized in street areas and other areas owned or leased by the City. Any sign advertising the name of any commercial business, or advertising anything for sale or lease, must be located on the same building site where the commercial business is conducted, or the same building site where the thing is actually for sale or lease, as the case may be. • � (c)Screening. The rear of each fixed sign shall be screened so that the supporting structural members are not readily visible by a person: (i)upon a street area,(ii)upon any site used for SFR purposes or(iii)within any building used for SFR purposes. Lattice work, plantings, sign display area or another part of a structure may be used for such screening. Exception: The screening requirement does not apply to structural members that are completely integrated into the design of the sign, both structurally and visually. (d) Condition and appearance. Every sign, and its screening, shall be kept in good condition as to structure and appearance. (e)Power lines. No part of any sign may be located within 10 feet of any power line. Sec. 3.209. Illuminated, moving signs. No illuminated part of any sign in a residential impact area may face any site in the City used for SFR purposes,unless the site is more than 200 feet from the sign. Exception: this does not apply to signs illuminated only by reflected white lights which are shielded so that the source of the light cannot be seen by a person standing in a street area or on other premises. Illumination, if used, may not flash, blink or move. All parts of all signs must be stationary when in use. It shall be an affirmative defense that a flag or non-fixed sign was caused to move only by the wind. Sec.3.210. Obscenity prohibited. No sign shall in any way display any word, statement, character, or illustration of an obscene or indecent nature. • • 1- Table 3-1. General Rule:On a site outside a greet area,any sign exceeding any applicable Sign Sizes,Numbers regulation(prescribed below)is prohibited,and all non-specified types of signs are prohibited. Exceptions/Special Rules:(1)See special rules noted in table. (2) See remainder of this Chapter. Type of sign Regulation Applicable to sites used Applicable to residential Applicable to all other for SFR purposes impact sites sites Fixed Maximum number per None Zero CO Two plus one per retail Three plus three per site,all signs unit O retail unit O Maximum number. Zero CO One per principal One per principal ground signs building. O building for each abutting street O Maximum DA, Zero CO Depends upon location:see Section 3.207. ground signs Maximum number Zero CO Depends upon the size ofrelevant facade area:see and DA,canopy and Table 3-2. building-mounted signs Maximum total DA, Nene Zero tC -3,411%of the site's area 5%-3%0 of the site's entire site (total per site)@ area(total per site)O Semi-Fixed Maximum number per If actually occupied,no One Q© One @© site limit. Otherwise,two plus one temporary. (No limit)OO Maximum DA 4 5 sq.ft.per face,$10 6 sq.ft.per face, 12 sq. 8 sq.ft.per face, 16 sq.ft.per sign ft per site© sq.ft per site© Non-fixed Maximum number per If actually occupied,no One,if temporary.@© One,if temporary.@© site limit. Otherwise,zero. (No limit) i0 Maximum DA 4 5 sq.ft.per face,$10 12 sq.ft.per face, 1.5% 32 sq.ft.per face, sq.ft.per sign() of the site area(total,all 2.5%of the site area faces)© (total,all faces)© Notes: CO Flags on-SFR-Sites. On sites actually occupied and used for SFR purposes,an unlimited number of ordinary cloth flags may be displayed. On other building sites,one ordinary flag may be displayed per 50 feet of street line,in addition to other signs allowed by this chapter. CD Festival Permit. During the term of a special festival permit issued by the building official,the maximum number of semi-fixed and non-fixed signs,together,is ten per acre of the festival site. The festival site may be one or more contiguous tracts a:_regating at least 0.75 acre. The display area of festival signs is not limited. No more than one festival permit may be issued for any given place in any 365-day period,and the maximum term of a pernit is 10 days. • • eic ti' Table 3-2. General Rule:For each building,the maximum display area and number ofall Number and display areas building-mounted and canopy-mounted signs is determined by the relevant facade area. Any sign exceeding such a limit is prohibited,and all non-specified types of building and canopy- signs are prohibited. Exceptions/Special Rules:(1)See special rules noted in mounted signs table.(2) See remainder of this Chapter. Size of relevant facade area(RFA),per Maximum display area()thudding- Maximum number of building-mounted separate premises mounted and canopy-mounted signs, and canopy-mounted signs,per per separate premises separate premises Less than 100 sq. ft 26 sq.ft. Two 100 to 199 sq.ft. 26 sq.ft.plus 11%of RFA over 100 sq.ft., 200 to 499 sq.ft. 38 sq.ft.plus 12%of RFA over 200 sq.ft. 500-999 sq.ft. 75 sq.ft.plus 11%of RFA over 500 sq.ft. 1,000 to 1,499 sq.ft. 131 sq.ft.plus 7.5%of RFA over Three 1,000 sq.ft. 1,500 to 2,999 sq.ft. 169 sq.ft.plus 2.5%of RFA over 1,500 sq.ft. 3,000 sq.ft.or more 206 sq.ft.plus 1.5%of RFA over Four() 3,000 sq.ft. Notes: O Single-occupant premises with RFA's larger than 3,000 sq.ff.,and having separate departments,each with a separate exterior entrance,may have one building-mounted sign or canopy-mounted sign per department. C0107:\540signR.wpd