HomeMy WebLinkAboutOrd 1733 - amending code; regarding signs
City of West University Place
Harris County, Texas
Ordinance No. 1733
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SIGNS.;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
5UBJECT~
WHEREAS, the City Council and the Zoning & Planning Commission C'Z&PC") of
the City of West University Place, Texas ("City") have held a joint public hearing on a
proposal to amend Chapter 3 of the Code of Ordinances of the City;
WHEREAS, the Z&PC has made two reports to the City Council with respect to
such proposal, which reports are attached as Exhibit A and made a part of this
ordinance; and
WHEREAS, the City Council has read and considered the reports of the Z&PC
and now formally approves and adopts them, including the findings regarding Ucontent
neutrality," purposes and effects;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council officially finds, determines, declares and adopts all
of the matters set out in the preamble of this ordinance, including the reports attached
as Exhibit A, and Chapter 3 of the Code of Ordinances of the City is hereby amended
as set out in Exhibit A.
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word! phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and actlon~ The City Council ratifies, approves and confirms such notices
and the contents and posting thereof The City Council officially finds, detennines and
declares that sufficient notices of the joint public hearing were given, and the City
Council ratifies, approves and confirms such notices, including the contents and the
method in which they were given.
Section 5.. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
PASSED AND APPROVED on first reading on e:A h ,~3 ~
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED on second reading on ~ /f l ;.oo~ ·
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Atte
City e ,retary (Seal)
Recommended: ~#rf
City nager
Reviewed:
City Attorney
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
March 13, 2003
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final report on a proposal to amend Chapter 3 of
the Code of Ordinances of the City of West
University Place, Texas ("City") regarding signs
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this,
its final report, on the subject proposal, for the assistance of
the Council as well as other interested persons.
Scope of Proposal. The proposal is to amend Chapter 3 of the
Code of Ordinances as indicated in the Commission's prior report
dated December 12, 2002, attached.
Proceedings. Pursuant to public notices, the Zoning &
Planning Commission and the City Council held a joint public
hearing in the Council Chamber of the Municipal Building. The
hearing provided an opportunity for the public to be heard in
relation to the proposal. City staff provided input to the
Commission. The Commission has reviewed the Comprehensive Plan.
The Commission has considered all of this information, and now
recommends the p~oposal, as amended and attached to this report.
Findinqs & Recommendation. The Commission has reviewed its
prior findings on the proposal, as more fully described in the
December 12 report, including, especially, the findings on
ncontent neutrality," purposes and effects. The Commission
confirms and re-adopts those findings. In addition, the
Commission: (i) finds that the proposed amendments, if adopted,
would be in the public interest and consistent with the
Comprehensive Plan, (ii) makes its final recommendation favorable
to the amendments, and (iii) recommends that the City Council
adopt them. ~
The Vote. The vote on approval of this report was as
follows: Cormnissioners Whtilcd..}fbhiptewdiij Vehje)Brcwn voted "aye;" no
"noes;" Commissioners Ne.lsco) 'BJu.cher absent ..
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
F ~
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
December 12,2002
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
West University Place, Texas 77005
Su.bject:
Report on a proposal to amend Chapter 3 of the Code of Ordinances of the
City of West University Place, Texas ("City") regarding signs.
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Conunission of the City submits this report for the assistance of
the Council as well as other interested persons.
Scope of ProposaL The proposal is to amend Chapter 3 of the Code of Ordinances as
indicated in the attachment to this report Key changes are as follows:
. Clarifies that a.nly outdoor signs are regulated.
o Allows cel1aiu signs outdoors if they are "completely integrated illtO the desigll of
a vending machine~"
. Adds .new restrictions on "ground signs." These are signs affixed to the ground
(not a .building). They are sometimes referred to as pylon signs, monu.ment signs
or pole signs. Among the llew restrictions are;
Limits on location, spacing and display size, especially within ten feet of a
street areaK
Limits on the number per site (generally on.e per building, witll a provision
for some corner sites to have one per abutting street).
R~uirement for integrated design, without projections and attachments.
For sh,opping centers, all signs must conform to a .master plan calling for
the use of th.e same materials and coordinated design features.
Reduced heigl1t (eight feet, down from 25 feet).
. Adds new restrictions 00. "building-.mounted signs," including:
Size limits based on building facade area~
Prohibitions on signs projecting above a building or more than two feet
away from the face of a building~
Limits on "canopy-mounted signs."
Limits on height (generally the h.e.igllt of the building at the point of
attachment, but with a lower limit for signs facing nearby single-family
residences ).
. Requires a ten-foot separation from power lines.
. Lowers the limit 011 total display area for "fixed signs" from 5% to 3% of the area
of the site (and from 3% to 1 % for "residential impact sites").
. Allows only two "semi-fixed" signs at unoccupied single-family residences. This
limit would apply, for example, to a new house under construction or a vacant
house for sale. At occupied resid.ences, "fixed" signs are generally prolribited, but
there is no limit on the number of"semi-tixed" and "non-fixed" signs. This
follows the current ordinance (but see below, regardin.g maximum display area).
. Raises the maximum display area (per sign face) from four square feet to five
square feet for signs at single-fam.ily residences, and im.poses all overall limit of
32 sq. f1. of display area (for all signs on tIle site)~
. Clarifies that flags are allowed without limit at occupied si.n.gle-family residences.
At other sites, a limit of one flag per 50 feet of street applies.
. Allows .banners, subject to certain limits, except at unoccupied sites.
Content Neutrality. TIle Commission recognizes that both the state and federal
conslitutlollS protect freedom of expression, including signs, and the COIllil1issionllas taken great
care to be sure that the proposed amendments rna.ke no distinctions based on message, viewpoint,
or other content of signs. In other words, the proposed amendments have been specifically
designed to be "content neutral" to protect freedom of expressio.n.
Limited Regulations: Purposes. hl addition to being content-neutral, the proposed
amendments have been limited to regulations on the "time, place and manner" of displaying
signs, and the Commission has determined that these limited regulations are reasonable means of
achieving the following purposes:
. Wayfinding. The new restrictions on signs in non-residential areas are intended to
llelp people find buildings and businesses more easily, which will also promote
smoother traffic flow and reduce accidents. Motorists Sllould be able to figure out
"at a glance" how to reach a particular building or business. The need to stop to
decipher signs should be redu.ced, as would tJle need to make turning decisions at
the last moment. This is particularly important on major thorougllfares like Kirby
Drive where traffic volumes are very higll and growing. For exaluple: (1) The
new rules for ground signs and building-mounted signs, taken together, should
result .in much more logical placement of all signs 011. a site in relation to the
buildings, on the site. (2) Ground signs under the llew regulations must be located
withing a smaller, more-predictable sight zon.e, so they sh.ould fwlction like
"index tabs" along the street In addition, the new limits on s.izes, locations and
design of signs will curtail the seerningly-illexorable tendency of some businesses
to erect larger and more garish signs. Exam,pIes are easy to find. Westheimer
Road west of Chimney Rock is, perhaps, the most famous local example. It has a
bewildering arTay of signs, as if each business feels it must "scream" to be heard
above the noise created by its neighbors. Su.ch signs are nearly useless for
wayfinding.
. Visual Distractions. By reducing the need for sign owners to erect larger and
ill.ore garish signs, and by requiring more logical placement and design for signs,
the new regulations will also reduce visual distractions. Drivers should be less
tempted to take their eyes off the road, and, when they do, it should be for shorter
periods of time (see discussio.n above regarding wayfinding). The result should be
a general improvement in, traffic safety.
. Aesthetic Considerations; Property Values. The overall effect of the new
regulations will be to reduce intrusiveness of signs, leaving more rOOill- and
better views--for 'buildings, trees, landscaping and other features (including,
especially, tIle new tree, shrub and landscaping required by recent am.endments to
the zoning ordinance). In residential areas, the new rules will limit the number of
signs, especially on unoccu'pied sites~ The res'ult should be less-cluttered, more
aesthetically-pleasing streetscapes city-wide. In the judgment of the Commission,
this will help preserve and increase property values. Althou.gh this is a subjective
judgment, the Commission has some recent experience pointing to a relationship
between signs, landscaping and property values. The Commission reviewed the
site plan for tIle new shopping center in the 5600 block of Kirby Drive. This
center was built under the new landscaping rules and with modem, restrained
signage very similar to tllat which would be required by the proposed
amendments. This property is on the current appraisal roll at $20 per square foot
for land value only (disregarding the improvements). A short distance to the
south, a commercial development occupies the 5800 block. Tllis development has
a motley collection of old, pole-style signs witll .no design coordin.ation. Little, if
any of this old signage would co'mply with the proposed amendments. The land in
the 5800 block is on the tax roll witll an average value of $14.56 'per square foot,
some 27% lower than the land in the 5600 block. To the passerby, tIle most
prominent physical difference is the signage, which probably contributes to the
sharp difference in property values.
. Residential Areas. One of the proposed amend,ments would limit the total number
of signs on unoccupied sites in residential areas.
On occupied sites, tllere would be no limit on the number of signs. TlllS contil1u.es
the City's tradition of relying upon self-policing, except on sites where there
is-literallY-lID one home~
The proposed amendmellts would also include a new limit of 32 square feet on the
total display area of all signs on a single-family residential site. The Commission
believes this limit is necessary to preserve the basic character of front yards in
residential areas. Front yards are strictly regulated by the zoning ordinance~ Very
few structures are allowed, Wlliclllceeps front yards open, promotes pervious and
green space, reduces the intensity of land use and preserves sight lines up and
down the street Obvio.usly, an extreme profUsiol1 of signs would undermine these
purposes~ The Commission has determined that the 32-square-foot limit would
prevent an extreme profusion while preserving all ample opportunity for free
expression~ For example, during the Fall 2002 election season, there were
political signs on almost every block~ Here is a sampling of actual signs:
Candid ate Size (inches) Total Display Area (sq. ft.)
Harrison 22 x 14 4.286 sq ~ ft, both sides
Danburg 24 x 1 8 6 sq. ft, both si des
Rynd 24 x 12 4 sq. ft, both sides
Bernsen 24 x 1 8 6 sq. ft, both sides
Wong 24 x 1 2 4 sq ~ ft, both sid es
The proposed amendments would still allow five of the largest signs or eight of
the smallest ill this particular sample~ (There could be more than eight jf tlley are
smaller than four square feet In addition, the amendments would allow an
unlimited number offlags, two banners and Wllimited indoor signs~) Few, if any,
sites have that many signs, so the real effect of tile proposed amendments would
only .be to prevent an extreme profusion of signage. (Of course, the 32-square-
foot limit is content-neutral, so it would apply to all signs tile same way~ Political
signs are mentioned only as an example.)
Recomme.ndation~ The Commission: (i) finds that the proposed amendments would be in
the public interest, (ii) finds that the :proposed amendments are content-neutral and reasonably
address tIle purposes mentioned above, (iii) recommends that the City Council adopt the
amendments.
The Vote. TIle following members of the Commission approve this report:
Commissioners Pohl, Nelson, Stewart, Bou.cher, Brown, Whitlock, and Yehle voted "Aye", with
no Commissioners voting "No."
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNNERSITY PLACE, TEXAS
By: /s/ Stephen Poh!
For the Commission
Sign ordinance ~
overhaul and update,
12-12-02
Note~. Amendments since 9-10-02 are shown by double underlinino.
Amend Subchapter B, Chapter 3
of the Code of Ordinances as follows:
Subchapter B. Signs
Sec. 3.201. Definitions.
In this subchapter:
Banner. A non-fixed sign made of cloth or similar nliable material tbat 18 not a flafL
CanGDY .means an open-air stru.cture (either free-standing or attached to a bunding) that
affords shade or shelter for persons standing or walIcing beneath it
Display area (or rrDA Jj 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
design.ed or used to attract the attention of the public to the supported sign. If there is a border,
all tIle 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 jf there
is no sign border, DIlly the area of the symbols themselves is counted.. Exanlple~. Letters and
numbers are painted onto a load-bearing wall not otherwise altered for sign pU1poses. 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) ll1adc cl1tircly of rigid l11atcrials, and (ii) designed and
affixed to be a permanent, non-moveable sign. A flag is a "fixed" sign Ifit is attached to a rigid
pole or Ot11("1 rigid de v icc~ ExceDtion~. Neither a flagpole nor a flag is consi.dered a "fixed" sign..
Flarz. A non-fixed sign: (i) made of cloth or similar .oliable materiaL (11) deslQn.ed to be
(and actually) attached along; one side only and not otherwise braced. or su.ooorted~ fjii) having a
longest dimension not greater than twice its shortest dimension~ and (iv) otherwise allowed to
move freely.
Ground sign means a sign affixed to the ground directly and independently of other
structures K
High clearance banner means a banner .meeting all of the following criteria: (i) it is Inadc.
of J.1.on-llgld nlatGL.ials't (ii) it is displayed above a street area, but no part of it is lower than 15
feet, and (ii) it is not attached to any pavement or facility owned by the City.
Non-Fixed. A sign is non-fixed ifit is: (i) made afnon-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 strengtll, without using any
tools.
Relevant~facade ~area means the area ofa buildin.g's facade w'here the .principal entrance
is located. Facade area is nleasured llsing a simple elevation view of the building. Exception..
For a building with separate retail units__ the total facade area of each ~ facade with a principal
Glltlall.Ce to a unit is divided and allocated to each unit in diIGct pIOpoltion to ~ the facade area
bordering the unit's space.
Residential impact site means any give.n site, neither used for SFR purposes nor located
on a major thoroughfare, but b,aving 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 buildin.g 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 throug'h a common llse area open to the pu.blic), 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, eacll ordinary store would probably be a separate "retail unit," but an ordinary business
office would not 'be a separate "retail unit".
Rigid nzaterials includes: (i) materials wInch are always rigid and (ii) other materials
wl1ich appear to be taut or rigid wIlen on display, evell th.ough 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 an.d affixed so that it does not move w'hile on display, and (iii) capable of being
immediately picked--up and moved by a single person of ordinary strength, without using any
to 018.
Sign has the same meaning as in Chapter 393, Texas Transportation Code ("In this
chapter, 'sign' 'means an outdoor sign, display, lig'ht, device, figure, painting, drawing, message,
plaque, poster, or other thing that is design.ed, intended, or used to advertise or inform~") The
term includes any structure, vehicle or other object which has the principle pmpose 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."
Synlbols includes letters, numerals, pictures and other symbols used to cormnunicate a
message.
Tenzporary. A sign is temporary if, on the same premises, neither it nor any other.1ill!l:
fixed or sem.i-fixed sign non-fixGd sign is displayed more than; (i) two times during any 365~day
period, (ii) one time during any 3D-day period, and or (iii) 72 hOllfS each time~ For this purpose,
"premi.ses" includes the entire bu.ilding site, unless there are two or more retail units on the site,
i.n which case each u'nit is considered separate "premises".
Sec. 3.202. General prohibitions, permits.
(a) C0/11pliance 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 u.se, own or control any place wb.ere a sign is located, if the sign does not
co.mply with this Chapter, or if it exceeds any limit prescribed by this Chapter.
(b) PermitsJor fixed signs. Within the City limits, except as author.ized 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;
(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-conforJnities. In any proceeding to enforce this subchapter, it is an
affIrmative defense that, at the time of the offense, the entire sign in questio.n (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 lIas 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 Cllapter (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 pIilnalily directed toward persons in .motor vehicles on a Ioadway
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
(J) was located inside a buildillg and directed toward persons il1~idc the building,
or
(4) was located illside a building and did not lcnlairl in one placG lon.g'GI than
5e v en consecuti v e days, 01
(3) was located more than 30 feet from the nearest street area and completely
integrated into the design of a vending machine: or
ill was required to be displayed by an applicable regulation. by oIdinanGG 01 by
any state, 01 fc.dcrallaw, lule.. o11cgulation~
Sec. 3.204. Streets and City-controlled areas.
(a) In generaL It shall be unlawful to erect, place, alter or maintain any sign ill, 011, 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) all official sign in a non-street area authorized by the appropriate City official
(see, ~e~g~, Ch.apter 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 higb.-clearance balmer
has been determined not to be "on" a public road right of way within the .meaning of Chapter
393.
( c) Inteiference~ 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) Presu111ption of In aintaining. 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 may be 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 ifmade 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-clearan.ce balID.er may be registered
for, or displayed, for more than 30 days (aggregate) in allY 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
BOlllevard, Edloe Street, Audell Street, or Weslayan Street
(d) No City involvelnent. No City officer or employee may place or attach hig.h-clearance
banners. This shall be the responsibility of the person who registers the .banner.
Sec. 3.206~ Nuisance; removal of unlawful signs~
AllY 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 su.ch
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; spacine;; desi2n~ etc. time Ihllits.
(a) Sizes, numbers, etc.~ On each building site, the limjts on the maximum number and sizes
of signs are prescribed in Table 3-1.
(b) Ground signs. No gtOUlld Sigtl may A ground sign may not:
(1) occu.py the space from two feet in height to four feet in height, except for the
supports for su.ch SigIl 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 ora street area~ unless it is a fixed sign meeting all
otl1er~ applicable regulations (e. g.~ permit.. height maximum. area):
(3) be located outside the center two-thirds of the building site~ m.easured along
each street line:
(4) be located within 15 feet of any other .buildin.g site:
(5) be located within 100 feet ofanoth.er ground sign. on the same building site
th.at is oriented toward a different street:
(6) have .more display area than 25 sq. it. per face if any part is located within 10
it. of a street area (otherwise 75 sq. ft. per face): or
(7) have any unintegrated supports~ sign elements" au.xiliary prolections or
attachments (all must be completely inte!?:rated into the design of the sig:n'l both
structurally and visually).
This subsection does not apply to sites used for SFR purposes.
(c) .Building-mounted signs. A .buildin.g-mounted sign may not:
(1) proiect 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 m.ounted on a facade other than the one used to calculate the relevant
facade area (RFA) fo.r Table 3-2~
T.his subsection does not apply to sites used for SFR purposes or to canopy-mounted
Sl g:ns .
Cd) Canop~v-lnounted SignSA A canopy-mou.nted sign may not:
(1) be separate from the canopy. either structurally or visually (from all
viewpoints within a street area or within a residential buildin.g it must appear
to be part ofth.e can.opy 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 calClllate tIle relevant
facade area (RF A) for Table 3-2.
This subsection does not apply to sites used for SFR purposes.
( e) Maxilnunl height. No part of any sign may llave a height greater than eight 25 feet.
.Exception~. signs painted on, or affixed directly to, the surface of a buildin~ wall or canopy may
extend as high as the wall at the point of attachm.e.nt, if the sign does n.ot 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 co.roman OWller 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 owne.r(s) of the
premises" (ii) approved lLy the bllilding official and (iii) recorded in the real property 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 (Excevtion: tIllS does not
apply to allowed temporary signs): and
(2) use coordin.ated 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 ordillance (which regulates, for example, height, placement in yards and orientation
on certain comer sites) and all tIle 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~ Tile rear of each fixed sign shall be screened so that the su.pporting
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 b.uilding used for SFR purposes. Lattice work,
plantings, sign display area or another part of a structure may be used for such screening~
Excevtion: The screening: require.ment does .not apply to structural members that are cOlnpletely
integrated into the design of the s.ign~ both structu.rally and visual1y.
(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 an.y sign may be located within 1. 0 feet of any power line~
Sec. 3.209. Illuminated, moving signs.
No illuIninated 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 liglltS which are shielded so that the source
of the light cannot be seen by a person standing in a street area or on oth.er premises.
Illumination, ifused, may not flash, blink or move. Note: Other restrictions on lighting mavalso
auolv: see. e. 2".. Article 8 of th.e Zo.u"iUQ Ordinan.ce. All parts of all signs lnust be stationary wIlen
in use. It shall be an affirmative defense that a ~ non-fixed sign was caused to move only
by the wind~
Sec. 3.210. Obscenity prohibited.
No sign shall ill any way display any word, statement, c.haracter, or illustration of an
obscene or indecent nature.
Table 3-1. General Rule: On a site outside a street area; any sign exceeding any applicable
Sign Sizes, Numbers regulation (prescribed belo\v) is pro hibi ted, and al I no n-speci tied types 0 f signs
are prohi bited. Exceptions/Special Rules: (I) See special rules noted in table.
(2) See remainder of this Chapter.
.Type oj sign Regula lion Applicable to sites used Applicable to residential Appl ica hie to all other
.for SFR purposes i1Jlpact sites sites
Fixed Maximum number per Ntme Zero CD Two pI us one per retai I Three plus three per
si te~ all signs uni t <D retail unit CD
Maximum nUlnber ~ Zero CD One per principal One per principal
ground si gns bUl Id in g. CD building for each
abuttine street CD
Maximu JTI DA. Zero <D Depends uoon location~ see Section 3.207.
m-ound s i e:ns
Maximum number Zero <D Depend s upon the size of relevan t facade area: see
and DA~ canaDY and Table 3-2.
buildine-ITIounted
sigrrs
Maximu In tota 1 DA, None Zero CD -3% 1 % ofthe site's area II 5%-3% of the site's
entire site (total per site)OO area (total per site) CD
Semi- Fixed Maximum ntnnber per T\vo~ if the site is One CD <ID One CD@
site unoccupied~ otherwise
no limit CD
Maximum DA 4- .2. sq. ft per face, B-lQ 6 sq. ft. per face, 12 sq. 8 sq. ft. per face, 16
sq. ft.persign~32sq. ft per site ~ sq. ft per si te @
ft. total (all si gtl s on th e
site)
N on- fixed Maximum number per Zero~ if the site is One, if One~ if
site unoccuDied~ oth erwise temp ora ry. <D<ID@ temp ornry. (D@@
no I ilni t CD@)
MaximUlTI DA 4 1 sq. ft. per face, S 1.Q 12 sq. ft. per face, 1.5% 32 sq. ft. per face,
sq. ft. per sign, (0 32 of the site area (total, all 2.5 % of the S1 te area
Sq. ft. total (all si gns on faces) @@ (total, all faces) @@
the sHe)@
Notes; CD Flags all S..r:'R Sftes. On sites actually occuoied and used for SFR purposes, an unlitnited number of prdinaI y (.lotll
flags may be displayed. On other building sltes~ one ordinarv flag may be displaved ocr 50 feet of street line~ in addition
to other signs allo\ved bv this chanter. -
<ID Festival Pennit. During the term ofa special festival pennit issued by the building official, the maximum number of
semi-fixed and non-fixed signs, together, is ten per acre oftlle festival site~ The festival site Inay be one or more
contiguous tracts aggregating at least 0.75 acre. The display area of festival signs is not limited. No more than onc
festival permit lnay be issued for any given place in any 365-day period, and the maximum term of a permit is 10 days.
@ Banners. In addition-to the signs allowed bv this Table~ banners may be displayed ifthev meet all the follo\ving
restrictions: (0 the maximum nUlnber is two Der site at any rriven time~ (in the maximum displav area is 32 SQ. ft. per site.
for all banners. at any given time. (Hi) no individual banner may be displayed nlore than tw"o times during any 365-dav
period nor more than 14 claw at a time~ (iv) on any given site~ a banner may be disnlaved no more than 14 days out of any
60 day period~ and (v) no banners are allowed on unoccupied sites.
Table 3-2. Genera I R llle: For each build in Q4 the max im urn disD la v area and number 0 fall
N umber and display area~ bui]ding~mounted and canoDy-mounted signs is determined bv the relevant facade
area. Anv sign exceeding such a litnit is prohibited. and all non-specified types of
buildin~ and canopy- signs are oTohibiled. Excentions/Svecial Rules: (1) See snecial rules noted in
mounted signs tab Ie. (2) See remainder 0 f lhis Chanter.
Size of relevant facade area (RF A). per Maxinlunl disvlav area of buildinf!- M QXil1l1lfn nuntber of bu ildin f!R 111 0 unted
selJa ra te orenl;ses mounted and canOlJV-fl1011nted siJ!J1s. and canOVV-11l0ullted siJZ!1s. per
ver seoa rate ore1Jl ises sevara Ie ore", ises
.Less than 1 00 so. ft. 26 Sq. ft. Two
1 00 to 199 so. fL 26 Sq. fL plus 11 % ofRFA over 100
sa. ft.
200 to 499 Sq~ ft. 38 Sq. ft plus 12% of RF A over 200
so r ft.
500-999 Sq~ n. 75 Sq. ft. plus 11 % of RF A over 500
sa. ft.
14000 to I ~499 sq. ft. 131 Sq~ ft. plus 7.5% ofRF A over Three
1.000 so. fL
1 ~500 to 2 ~999 sa. ft. 169 SQ. ft. plus 2.5% ofRF A over
L500 Sq. ft.
3 ~ 000 Sq. ft. or more 206 SQ. ft. olus 1.5% ofRFA over Four<D
3 ~OOO sq. ft.
Notes: ill Single-occunant oremises with RF A's larger than 3~OOO sa. ft.4 and having seoarate dcoartments. each witl) a separate
exterior entrance~ may have one building~mounted sign or canopVwmounted si gn per department.
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