§ 4-22. Regulations of signs, banners, and awnings.
(a)
Definitions. For the purpose of this section, unless the context otherwise indicates, the following terms are hereby defined and shall be construed to mean the following:
Awning means a structure hung from the surface of a building, designed to provide protection from sun, rain, wind, and other climatological conditions. An awning may be composed of fabric, steel/metal, wood, Plexiglas, and/or other materials.
Banner means a type of temporary sign that is generally constructed of lightweight plastic, fabric, or a similar material, that is over one square foot in size, and that is mounted/tethered to a pole(s), building or other structure at one or more edges. A banner typically (but not always) exhibits a text message and/or a symbol(s) for the business located on the property or for a product or service provided by that business. National/state or local governmental flags are not considered banners (see "flag" below).
Banner, changeable means a type of banner which is mounted/tethered to the supporting structure in a semi-permanent manner (i.e., it is intended to be changed out periodically using a permanently affixed mounting device such as hooks, brackets, tethers, etc.). Although the message portion of a changeable banner changes periodically, the banner location and mounting device is designed to remain in the same place permanently. The general size and configuration of a changeable banner shall remain the same as the original installation.
Banner, temporary means a type of banner which is mounted/tethered to the supporting structure in a non-permanent manner (i.e., it is intended and designed to be used for only a short time period after which it is removed, leaving no mounting device or other evidence of its presence in place).
Billboard means an off-premise sign which advertises a business, service, and/or other product or service sold or conducted at another location. A billboard is constructed so that its surface area is to be leased, and the message/appearance is changed periodically.
Building official shall mean the officer or other person within the city charged with the administration and enforcement of the sign regulations.
City: For the purposes of this section, the term "city" shall mean the City of Terrell, Texas (Kaufman County).
Effective area means the area enclosed by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign facing/surface, exclusive of its supports (Illustration 1). The measurement is to be calculated from the viewpoint which gives the largest rectangle of that kind, including both sides as the viewpoint is rotated horizontally around the site. The effective area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word or symbol attached to any particular facade or side.
Illustration 1—Effective Area of a Sign
Electronic digital or light emitting display (LED) signs shall mean a sign or signs which utilizes digital computer generated graphics and messages displayed on a lighted screen visible during both day and night hours.
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.
Facing or surface means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
Flag means any fabric or bunting containing distinctive colors, patters, words, and/or insignia which is used as a symbol for a government, political subdivision, or some other professional, religious, educational, or nonprofit corporate entity, provided that such device is displayed for noncommercial (i.e. not-for-profit) purposes.
Highway control zone means all zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way of all portions of the interstate or primary highway systems within the State of Texas, as further defined in the Highway Beautification Act.
Incombustible material means any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit, and will not continue to burn or glow at that temperature.
Logo means any formalized design, insignia, symbol, or trademark of a company or product/service which is commonly used to advertise/identify that company or product/service.
Luminance means the brightness of a sign or a portion thereof expressed in terms of foot-candles. For the purposes of this section, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards.
Pennant means a type of temporary sign that is generally constructed of lightweight plastic, fabric, or a similar material, that is less than one square foot in size, that is mounted/tethered to a pole(s), building or other structure by a rope, wire, string, or similar device, usually in series (i.e., more than one on a string), and that is designed to move in the wind (i.e., flutter) to attract attention. A pennant may or may not exhibit a text message or symbol of any kind, and may be a single color or several colors. For the purpose of this section, a string of multiple pennants and/or streamers, of whatever length, shall also constitute a "pennant".
Permittee means the person(s), firm(s), corporation(s), or association(s) filing an application for, paying fees, and receiving a sign erection permit.
Person includes any person, firm, corporation, partnership, association, company, organization, or entity of any kind.
Premises means a single lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract (or combination) is under single ownership and is reflected in the plat or deed records of the county.
Sign includes ever sign, name, number, identification, logo, description, announcement, declaration, demonstration, device (inflatable or otherwise), display, flag, banner, pennant, illustration, symbol, beacon, light or insignia, and the structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to an object, product, service, place, activity, person, institution, organization, or business.
Sign, abandoned means a sign which for at least six continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; for which no legal owner can be found; or which pertains to a time, event, or purpose which no longer applies.
Sign, attached means a sign attached to, applied upon, or supported by any part of a building (such as a wall or roof) which encloses or covers usable space (also called a "wall sign").
Sign, changeable message means a permanent sign which is designed to advertise/display a message which can be changed (e.g., gasoline station (price) signs, signs displaying changing lottery amounts, etc.). "Marquee" style signs and signs that change to alternately display the time, temperature, and similar data are considered to be changeable message signs.
Sign, detached means any sign connected to the ground and which is not an attached sign, inclusive of signs mounted upon movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation (also may be called a "pole sign", a "pylon sign", or "free-standing sign").
Sign, dilapidated or deteriorated means a sign where any portion of the finished material, surface, or message portion of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed, or whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown by high winds or by the failure of a structural support).
Sign, flashing, or moving means a permanent sign (other than a banner or flag) which is kinetic/animated, changes messages, revolves, swings, or is otherwise designed to move by mechanical means or by the force of wind. A changeable message sign alternately displaying the time, temperature, and similar data is not defined as a flashing or moving sign, unless it has other components/characteristics that would make it qualify as such.
Sign, illuminated means any sign which has characters, letters, logos, symbols/figures, designs, or outlines illuminated by electric lights, luminous tubes, or other artificial source.
Sign, monument means a detached sign with a continuous masonry base approximately the same width as the actual signage, with the sign facing/surface attached to the base (for examples, see Illustration 2).
Illustration 2—Typical Monument Signs
Sign, off-premises means any sign advertising a business, activity, goods, products, or services not usually located on the property where the sign is located, or which directs persons to any premise other than where the sign is located.
Sign, on-site directional means a sign designed to direct pedestrian or vehicular traffic on the property which it is located, and which does not contain advertising. On-site directional signs are also incidental signs.
Sign, on-site incidental or advertising includes small signs, incidental (secondary) to the primary sign, which are intended to provide additional information or advertising and which are generally intended to be viewed by customers/visitors who are already on the site.
Sign, pole includes any sign which is free-standing (i.e., independent of any structure or building) and supported by, from, or on top of a vertical pole(s) or beam(s) composed of metal or other substantial support (for an example, see Illustration 1). The term "pole sign" shall also include pylon signs.
Sign, political means a sign relating to the pending election of a person to public office, relating to a political party, or relating to a matter to be voted upon at an election called by a public body.
Sign, portable means any outdoor advertising display which is designed to be moved from one location to another, and which is not attached to a fixed structure or does not have supports embedded in the ground. The term "portable sign" shall specifically include an outdoor advertising display located in or mounted upon a vehicle, except where:
(1)
Such sign merely identified the vehicle as belonging to such business by displaying the name, address, and/or telephone number of such business, and/or identifying the type of product or service offered by such business; and
(2)
The primary use of such vehicle is for the transportation of persons or products, of the delivery of services in connection with such business; and
(3)
Such vehicle is currently State of Texas licensed and inspected, and is in operable condition.
(4)
A sandwich board sign, or "A" frame sign, would be considered a portable sign.
Sign, projecting means any sign that projects from (i.e., not mounted flush with) a building face at any angle, and which has one end attached to the building or other permanent structure (see Illustration 3).
Illustration 3—Projecting Sign
Ill. 3—Projecting Sign
Sign, protective means any sign which is commonly associated with safeguarding the permitted uses of the property including, but not limited to, signs with messages such as "bad dog", "no trespassing", "no solicitors", etc.
Sign, pylon means a free-standing, detached sign which is supported by a tall, solid, ground up, monumental structure (see "sign, pole"). Within each zoning district, pylon signs shall be regulated in the same manner as free-standing, detached pole signs (e.g., allowed size, height, setbacks, etc.), except that all portions of pylon signs must be located entirely upon private property (i.e., not in public right-of-way) they may not overhang a street, alley, or public right-of-way, and they must be located outside of any required visibility easement/area (as shall be determined by the city). The effective area of a pylon sign shall be the entire area in which any type of lettering, message, logo, symbol, etc. is located (may also include the support structure if such contains any lettering, message, logo, symbol, etc.).
Sign, special purpose means a sign temporarily supplementing the permanent signs on the premises. Signs indicating a business opening ("For Lease", "For Rent", etc.) are special purpose signs.
Sign, temporary means a sign that is intended to be located on the premises for a limited period of time (i.e., not permanent).
Sign, trash receptacle means a sign which is located/mounted upon publicly owned and/or sponsored trash receptacles (e.g., dumpsters).
Sign, under-canopy means a sign which is suspended from a building, and which is located under a permanent canopy (or awning) projecting from a building.
Sign, vehicular means any sign on any vehicle parked temporarily, incidental to the vehicle's principal use for transportation. This definition shall not include signs which are being transported to a site for permanent erection, the company name or logo painted or permanently affixed to the vehicle, or signs on vehicles transporting goods or providing services (see also "portable sign").
Sign, window means an attached sign which is either painted upon or attached to a window.
Structural trim means the molding, battens, cappings, nailing strips, latticing and/or platforms which are attached to the sign structure.
Support structure (for a sign) means any pole(s), post(s), strut(s), cable(s) or other structural fixture(s) or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol, or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.
Zoning district classifications means zoning districts, as provided in the zoning ordinance, as follows:
Residential Zoning Districts: Non-Residential Zoning Districts: A Agricultural District R Retail District 1F-1 One-Family Dwelling District CA Central Area District 1F-2 Two-Family Dwelling District C Commercial District 2F Two-Family Dwelling District LI Light Industrial District GR General Residence District HI Heavy Industrial District MF Multiple-Family Dwelling District PD Planned Development District (for only nonresidential uses) PD Planned Development District (for only residential uses) (b)
Permit procedures and administrative requirements.
(1)
Permit required. It shall be unlawful for any person to erect, repair, alter/modify, or relocate within the city any sign as defined in this section, except as may be authorized in subsection (b)(13) herein, exemptions, without first obtaining a sign erection permit from the building official and making payment of the fee required by subsection (b)(5), permit fees, herein. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required thereunder. All signs located within the "highway control zone" shall be subject to the provisions of the Texas Highway Beautification Act ("Outdoor Advertising Signs"), and a Texas Department of Transportation (TxDOT) license shall be required prior to issuance of a permit from the city.
(2)
Application for sign erection permit. Applications for sign erection permits shall be made upon forms provided by the building official, and shall contain (or have attached thereto) the following information:
a.
Name, address, and telephone number of the applicant(s).
b.
Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
c.
Two sets of plans (drawn to scale) shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property/right-of-way lines, driveways, public streets, fences, and sidewalks.
d.
Two sets (e.g., blueprints) of the plans (drawn to scale) and specifications showing method of construction, method of attachment to the building or ground, size, type, height, construction materials, and such other information as the building official may require.
e.
Copy of stress sheets and calculations showing that 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. Plans shall include a registered engineer's seal for wall signs, roof-mounted signs, or free-standing signs of 50 square feet or larger and ten feet or more in height.
f.
Name of person, firm, corporation, or association erecting structure.
g.
Written consent of the owner of the building, structure, or land to which or upon which the sign structure is to be erected.
h.
Any electrical permits required and issued for said sign (if applicable).
i.
Zoning classification of the property.
j.
Such other information as the building official shall require to show full compliance with this and other laws and ordinances of the city.
k.
The building official may require plans to be prepared by a registered professional engineer or architect.
l.
TxDot license for all signs located within the "highway control zone" (per the Texas Highway Beautification Act", "outdoor advertising signs").
(3)
Illuminated signs—Approval required.
a.
The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the electrical inspector. The electrical inspector shall examine all plans and specifications related to any wiring and electrical connections to determine if the same complies with the electrical code of the city. In addition, all illuminated signs shall bear the Underwriters' Laboratory label or be built to comply with Underwriters' requirements. The electrical inspector shall approve said permit if the plans and specification comply with these requirements, or disapprove the application if noncompliance is found. This action of the electrical inspector shall be taken prior to submission of the application to the building official for final approval or disapproval of the sign erection permit.
b.
All electrical service for detached or free-standing signs shall be underground and in conduit.
c.
No temporary electrical services are allowed.
(4)
Sign erection permit issued if application in order. It shall be the duty of the building official, upon the filing of an application for a sign erection permit, to examine such plans and specifications, other data, and the premises upon which the sign will be erected. If it appears that the proposed structure is in compliance with all the requirements of this section, the building code, and all other laws and ordinances of the city, then the building official shall issue the sign erection permit. If the work authorized under a sign erection permit has not been completed within 60 days after issuance, the permit shall become null and void.
(5)
Permit fees. Every applicant, before being granted a permit hereunder, shall pay to the city the appropriate sign erection permit fee as set forth in the fee schedule found in Appendix 1: Fee Schedule, Section 32: Sign Permit Fees.
(6)
Inspection. The building official shall be notified by the permittee when erection of the sign is complete, and shall make an inspection to determine if the sign conforms to city ordinances and codes. The building official may inspect annually, or at such other times as deemed necessary, each sign regulated by this section 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.
(7)
Permit revocable at any time. All rights and privileges acquired under the provisions of this section, or any amendment thereto, are mere licenses revocable at any time by the Terrell City Council, and all such permits shall contain this provision. Any sign for which a permit is revoked shall be deemed a nonconforming sign.
(8)
Unsafe and unlawful signs. If the building official finds any sign regulated herein that no longer meets the provisions of this section or any other city code, is unsafe, or insecure, is unlawful, or is a menace to the public, the building official shall given written notice to the permittee thereof. If the permittee fails to remove or repair the structure within ten days after such notice, such sign may be removed by the city at the expense of the permittee or owner of the property upon which it is located. The building official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The building official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice, at the permittee/owner's expense.
(9)
Abandoned signs. Any sign abandoned, or which no longer advertises a bona fide business conducted or product sold, shall be removed by the owner, agent, or person having the beneficial use of the land, building, or structure upon which such sign is located within 30 days after written notification to the owner, agent, or person having the beneficial use of the land, building, or structure from the building official. Upon failure to comply with such notice to remove the sign within the time specified, the building official is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the land, building, or structure to which such sign is attached or upon which it is erected. Any sign located in public right-of-way (except as authorized herein) may be immediately removed by the building official, police department, or any duly authorized agent for the city without notice to the owner.
(c)
Sign requirements and specifications.
(1)
Number, date, and voltage to be on sign. Every sign or other advertising structure hereafter erected shall have inscribed in a conspicuous place (other than on the sign face itself and readable from ground level) thereon, in letters approximately one inch in height, the date of erection, the sign erection permit number, and the voltage of any electrical apparatus used in connection therewith.
(2)
Maintenance required. For any sign regulated by this section, the sign permittee or the owner, agent, or person having the beneficial use of the lane, building, or structure upon which the sign is located shall maintain all parts, portions, and support structures of said sign in good condition to prevent deterioration, oxidation, rust, and other unsightly conditions.
(3)
Wind pressure and dead load requirements.
a.
All 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 loads as required in the building code or other codes/ordinances of the city.
b.
Plans shall be sealed by a registered engineer on all wall signs (not painted on the wall or building surface), roof-mounted signs, and free-standing signs of 50 square feet or larger and ten feet or more in height.
(4)
Exemptions—Signs not requiring permits. The provisions and regulations of this section shall not apply to the following signs; provided, however, said signs shall not obstruct visibility as determined by the building official and shall be subject to the provisions of subsection (b)(8) herein, unsafe and unlawful signs:
a.
Temporary signs not exceeding eight square feet in area which advertise the sale, rental, or lease of the premises only upon which said signs are located.
b.
Temporary signs not exceeding 32 square feet which advertise the sale of residential tracts larger than five acres, or located on commercial tracts which advertise the sale, rental, or lease of the premises only upon which said signs are located.
c.
Name plates not exceeding one square foot in area.
d.
Bulletin boards not over 16 square feet in area for public, charitable, or religious institutions when the same are located on the premises of said institutions.
e.
One temporary construction sign denoting the architect, engineer, and/or contractor when placed upon a work site under construction, and not exceeding 16 square feet in area.
f.
Nonresidential occupational signs denoting only the name and profession of an occupant, located within a commercial building or public institutional building, and not exceeding two square feet in area.
g.
Memorial signs or tablets, such as including the name of a building and/or date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials.
h.
Flags, emblems, or insignia of any governmental body, or decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such.
i.
Nonresidential, on-site directional signs not exceeding two square feet in area, provided such directional signs do not contain advertising and are not used as such. Placement of such directional signs must conform to visibility standards and other safety criteria.
j.
Traffic control or other municipal signs, legal notices, railroad crossing signs, danger/emergency signs, and other temporary or nonadvertising signs as may be approved by the city manager or his authorized representative.
k.
A protective sign that has as its purpose the protection of life and/or property.
l.
A sign or marker giving information about the location of underground electrical transmission lines, telegraph/telecommunications lines or cables, pipelines, water or sewer lines, or other public/private utility line/structure.
m.
A sign erected by city, state, or federal agencies, or by political subdivisions of the state (except lottery signs).
n.
Political sign.
o.
One residential sign with the name and/or street address number of the occupant(s), so long as the area of such sign does not exceed one square foot for each dwelling unit.
p.
A sign advertising a garage/estate sale (see also subsection (c)(11) herein, temporary and portable signs).
q.
An incidental sign in a nonresidential zoning district that is less than two square feet in area.
(5)
Obstruction of doors, windows, or fire escapes. No sign shall be erected, enlarged, 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 stand pipe or fire escape.
(6)
Signs not to constitute traffic hazard. 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 (not including changeable message signs, such as those displaying the time and temperature). No sign shall be erected or maintained in such a manner as to obstruct free and clear vision, or any location where, by reason of its position, shape, color, features, degree, or manner/intensity of illumination, it may interfere with or cause visual distraction for vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic control 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 or light in such a manner as to interfere with, mislead, or confuse traffic.
Exemptions: On-premises electronic digital or light emitting display (LED) signs not exceeding 32 square feet in size shall be permitted provided the display screen does not flash or change the message more than once per an eight second period in accordance with the recommendations of the American Association of State Highway and Transportation Officials (AASHTO).
(7)
Lighting.
a.
Lights, when reflectors shall be permitted on ground signs and wall signs provided, however, the reflectors have proper shielding or lenses to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. Any spotlight or other sign illumination shall be so directed or shielded that the light source is not directly visible from any street, sidewalk, or adjacent property.
b.
No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs shall not exceed a brightness of 200 foot-candles at the property line. Alternating electronic data control components showing time, temperature, and similar data are allowed.
c.
No lighted sign shall be erected within 150 feet of a residential development unless the lighting is shielded from view of the residential development.
(8)
Prohibited signs.
a.
It shall be unlawful for any sign, or any person upon any sign, to display any obscene, profane, indecent, or pornographic words, pictures, or gestures.
b.
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 on a temporary basis (see subsection (c)(11) herein, temporary and portable signs).
c.
No person shall attach any sign, paper, or other materials, or paint, stencil, or inscribe any name or number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence, or structure unless authorized by this section or by the city council or its delegated representative.
d.
Moving, flashing, intermittently lighted, changing color, beacon-like, revolving, or similarly constructed signs shall not be allowed. Changeable message signs showing the time, temperature, and similar data are not defined as flashing or moving signs, unless they have other components/characteristics that would make them qualify as such.
e.
No person shall place on or suspend from any building, pole, structure, canopy, fence/wall, sidewalk, parkway, driveway, or parking area any goods, wares, merchandise, or other advertising objects or structures for the purpose of advertising such items, other than a sign as defined, regulated, and prescribed in this section except as otherwise allowed by ordinance. Incidental signs or information normally placed on service station pump islands shall not be prohibited by this section.
f.
No cloth, paper, banner, advertising, flag (excludes government flags such as those for the U.S., Texas, etc.), device or other similar advertising matter shall be permitted to be attached, suspended from, or allowed to hang loose from any sign, fence/wall, building, or structure, except as allowed by other provisions of this section. Such advertising matter shall be a violation of this section and shall be removed immediately upon notice by the building official (see subsection (c)(11) herein, temporary and portable signs).
g.
No portion of any sign shall be erected upon or over public property, except as permitted in subsection (c)(11), temporary and portable signs.
h.
No advertising sign of any type shall be erected within 50 feet of an adjacent residential district, except by special permit from the city council and subject to appropriate conditions and safeguards.
i.
No sign shall be allowed unless it is permanently affixed to the premises, except as allowed under subsection (c)(9), permitted signs, or subsection (c)(11), temporary and portable signs.
j.
No signs attached to a trailer or motorized vehicle, where the primary use of such vehicle is for sign purposes, will be permitted. Signs attached to or upon any trailer or motorized vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time (longer than one week) where it is apparent that the intent is to use the vehicle and/or signs for the purpose of advertising. Vehicles operating under a city franchise shall be excluded from this provision. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce, of any bona fide transportation activity.
k.
Any sign constructed of or containing material capable of reflecting light, images, or sound waves, of producing glare, or of mirroring images, which may interfere with or otherwise distract traffic, is strictly prohibited.
(9)
Permitted signs. Signs advertising permitted (i.e., legally zoned) activities within any district shall be allowed, subject to the following conditions and regulations:
a.
Signs shall pertain only to the identification of a building, business, or products/services which are manufactured, sold, or offered on the premises where the signs are located, except as otherwise provided.
b.
Except as otherwise provided, all signs shall conform to the following requirements relative to the types of signs allowed, maximum sign areas, surfaces, heights, locations, setbacks, and other provisions as set forth below by zoning district:
1.
Residential zoning districts (A, 1F-1, 1F-2, 2F, GR, and residential PDs. No signs shall be permitted in residential zoning districts except:
i.
Those signs allowed in residential zoning districts under subsection (c)(4), exemptions.
2.
Nonresidential uses (e.g., church, school, or park) located in residential zoning districts (A, 1F-1, 1F-2, 2F, GR, and residential PDs). No signs shall be permitted in these areas except:
i.
Those signs allowed in residential zoning district under subsection (c)(4), exemptions.
ii.
One attached sign (or one detached free-standing monument style sign) per street frontage, subject to the following restrictions.
(a.)
Maximum size shall be 40 square feet.
(b.)
Construction design and material shall match main building(s).
(c.)
Entire sign must be located on and within private property.
(d.)
Signs shall be set back a minimum of five feet from any street right-of-way.
(e.)
Such temporary signs that may be allowed by subsection (c)(11) herein, temporary and portable signs.
(f.)
Portable signs for public, religious, educational, or charitable institutions shall be permitted for a maximum of 60 calendar days per year.
3.
Multiple-family zoning district (MF). No signs shall be permitted in the multiple-family zoning district except:
i.
Those signs allowed under subsection (c)(4), exemptions.
ii.
Such temporary signs that may be allowed by subsection (c)(11), temporary and portable signs.
iii.
One sign per street frontage, subject to the following restrictions:
(a.)
Sign may be attached to the building or set back one-half the distance from the building line to the property line.
(b.)
Sign shall not exceed 40 square feet.
(c.)
Sign height shall not exceed 12 feet.
(d.)
Construction design and material shall match main building(s).
(e.)
Entire sign must be located on and within private property.
(f.)
Signs shall be set back a minimum of five feet from any street right-of-way.
4.
Nonresidential zoning districts, except the Central Area (CA) district (R., C, LI, HI, and nonresidential PDs). No signs shall be permitted in any nonresidential zoning district except:
i.
Those signs allowed under subsection (c)(4), exemptions.
ii.
Such temporary signs that may be allowed by subsection (c)(11), temporary and portable signs.
iii.
Attached signs, subject to the following restrictions:
(a.)
Maximum size of each sign shall be no more than 30 percent of the wall surface area. The maximum size shall be reduced to 17 percent of the wall surface area when attached sign is accompanied by a free-standing and/or pole sign.
(b.)
An attached sign located at a height of 24 feet or less from the ground shall have a maximum vertical height of four feet.
(c.)
An attached sign located at a height more than 24 feet above the ground shall have a maximum vertical height of six feet.
(d.)
Sign(s) shall not exceed 75 percent of the width of the building face or store frontage.
(e.)
Height shall not exceed the roof line or top of parapet wall, and shall provide a minimum of ten feet of vertical clearance from sidewalk or ground level (EXCEPTION: For buildings that were constructed prior to the effective date of this section, and which have no appropriate surfaces on which to erect a sign in conformance to this paragraph, signs may be allowed to project above the roof line a maximum of four feet).
(f.)
Such sign shall not project over 18 inches from face of building.
(g.)
Attached signs shall be designed to transmit all dead and live loads throughout the structural frame of a building in such a manner as not to overstress any building element.
iv.
Under-canopy signs, subject to the following restrictions:
(a.)
Maximum size of sign shall be two square feet.
(b.)
The bottom of the sign must be a minimum of eight feet above any sidewalk or walkway.
v.
Free-standing detached, on-premise signs, (including any type of detached sign such as pole signs, pylon signs, monument signs, etc.) subject to the following restriction:
(a.)
One sign per street frontage for each building site shall be allowed, or one sign per 450 linear feet of frontage along street. Where more than one sign is allowed, there shall be a minimum of 100 feet between signs. The maximum height of signs, shall be 30 feet. All signs shall be set back a minimum of five feet from any public right-of-way.
(b.)
The maximum size of each sign shall be one square foot per one linear foot of property frontage, up to a maximum of 200 square feet, except all parcels shall be permitted a sign having 60 square feet of area regardless of length of street frontage.
(c.)
Any projecting or overhanging portion of a sign must be at least ten feet above any sidewalk or walkway, and 14 feet above streets, driveways, fire lanes, or other traffic circulation areas. All signs shall be a minimum of eight feet above the ground (exclusive of supports). Such signs shall be located a minimum of 30 feet from adjacent private nonresidential property lines and at least 50 feet from adjacent residential property lines.
(d.)
Signs shall be constructed of materials that are noncombustible.
(e.)
Sign supports in contact with the ground shall be protected steel or concrete.
(f.)
No detached sign may be erected in any portion of a required parking space.
(g.)
When detached signs are adjacent to parking areas, such signs shall be protected by wheel or bumper guards.
(h.)
All changeable message signs shall be attached or constructed on the same sign support with a permanent (not changeable on a daily or weekly basis) sign. Both signs together shall count as one sign for the purpose of calculating the effective area.
(i.)
Monument signs (on-premise) are permitted in lieu of a pole sign in all nonresidential and multiple-family zoning districts (see Illustration 2). A monument sign is a free-standing sign having a low profile and made of stone, metal, routed wood planks or beams, brick, or similar materials, including individual lettering, which replicate or harmonize with the architecture of the establishment it serves. Monument signs must be built on a monument style base, as opposed to a pole base. A monument sign contains only the company or corporation name, logo, address, and/or product or service of the establishment. No advertising or promotional information is permitted thereon. Such sign may be signor double-faced. Such signs and base shall not exceed eight feet in overall height above the natural or average grade, and the actual sign face shall not exceed 60 square feet per side. Total cross-sectional area (thickness) shall not exceed eight square feet.
vi.
Temporary promotional signs, advertising banners, flags, or pennants promoting a grand opening of a retail/commercial establishment or a shopping center may be displayed for up to 60 consecutive days, with a maximum of one 60-day period allowed per year for each business.
vii.
Such signs that may be allowed by subsection (c)(10), Off-premises detached signs.
5.
Highway/freeway frontages. Any signs adjacent to a state-owned highway/freeway shall be subject to the Texas Highway Beautification Act, "Outdoor Advertising Signs".
i.
On-premises, detached signs (including pole signs, pylon signs, etc.) adjacent to state highways (e.g., Spur 557, Interstate Highway 20, or U.S. Highway 80) shall be subject to the following restrictions:
(a.)
An on-premise, detached sign adjacent to a highway/freeway shall not exceed 30 feet in height, except adjacent to Interstate Highway 20 and Spur 557 (inclusive of the interchange of Spur 557 and U.S. Highway 80) for a depth of 660 feet and inclusive of the city limits where the maximum height shall not exceed 70 feet as measured from the grade elevation at its base. The city may, at its option, require certification of signs proposed to be erected under this section. Said certification, if required by the city, shall be sealed by a registered professional engineer or surveyor. The city also may, at its option, require similar certification of existing signs which were in existence prior to the effective date of this section, and may stipulate provisions for remediation for any sign which is determined to not be in compliance with this section.
ii.
Such sign may be allowed by subsection (10) herein, off-premises detached signs.
6.
Central Area (CA) zoning district. Any sign within the CA zoning district shall conform to the following requirements:
i.
Those signs allowed under subsection (b)(13), exemptions.
ii.
Such temporary signs that may be allowed by subsection (c)(11), temporary and portable signs.
iii.
Attached signs, subject to the following restrictions:
(a.)
Minimum height—No attached sign may be mounted in a manner that results in the lowest portion of the sign being less than eight feet or greater than 20 feet above the sidewalk surface. Businesses and offices may mount signs at lower elevations that indicate the name of the establishment and street address only. These signs must not exceed eight square feet in size.
(b.)
Maximum height—Attached signs shall be allowed a maximum height of 20 feet at their highest point above the sidewalk surface. They shall not be allowed to extend above the existing building roof line. Where a building is less than 20 feet tall, the roof line shall constitute the maximum allowable elevation.
(c.)
Thickness—Attached signs do not have to be flush with the building surface. To accommodate structural and electrical equipment, and attached sign may be up to one foot thick.
(d.)
Area—There shall be only one display face for an attached sign. Allowable square footage (area) shall be based upon the following formula:
Building Frontage
(Linear Feet)Surface Area
(One-Story)
(Square Feet)Additional Area
(Per Story)
(Square Feet)Max. Area
(Square Feet)1-50 25 30 40 51-100 30 15 45 Over 100 35 15 50 (e.)
Illumination—On-premise signs may be illuminated internally through the use of fluorescent or neon (i.e., gaseous) tubes, or externally through the use of gooseneck reflectors and lights, provided that such reflectors are provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. All electrical signs shall have an Underwriters' Laboratory (UL) listed marker on the sign.
(f.)
Movement—Attached signs shall not be permitted to move, rotate, gyrate, or give the impression of movement.
(g.)
Lettering—Attached signs may have lettering up to three and one-half feet in height. Letters should be contained within the sign face. Individually mounted letters must be no greater than four feet in height. Letters must be permanent and nonremovable.
(h.)
Number of signs—There shall be only one attached sign per business, or each building facade. The total area for all signs per facade must not exceed the standard as set forth in subsection (d.) above for the cumulative sum of all signs.
iv.
Changeable message signs, subject to the following restrictions:
(a.)
Intent—These signs are generally considered as "theatre-type" or "marquee" signs, which have changeable message boards. They may be used in place of an awning. However, use of a changeable message sign will be limited to entertainment-oriented land uses (e.g., movie theaters, dramatic theaters, civic centers, opera houses, etc). Verification of this fact will be required for the changeable message sign permit. All changeable message signs will be regulated by the standards set forth in subsections (b.) through (g.) below.
(b.)
Minimum height—The lowest portion of a changeable message sign must be no less than eight feet, or no greater than 20 feet, above the sidewalk surface.
(c.)
Maximum height—Changeable message signs shall be no greater than 20 feet above the sidewalk surface at their highest point. Changeable message signs shall not exceed more than five feet above the existing building roof line. Where a building is less than 20 feet tall, the roof line shall constitute the maximum allowable elevation.
(d.)
Projection—Changeable message signs shall be no greater than four feet from the building surface. A distance of at least two feet shall be maintained between the outer edge of the changeable message sign and any traffic control sign or device.
(e.)
Movement—Changeable message signs shall not be permitted to move, rotate, gyrate, or give the impression of movement.
(f.)
Number of signs—One changeable message sign per business will be allowed.
(g.)
Separation—Changeable message signs shall be no closer than 30 feet from neighboring signs, measured by the nearest sign face to the nearest sign face.
v.
Awnings, subject to the following restrictions:
(a.)
Intent—This section recognizes the need and desire by some businesses to incorporate awning structures into their building facades. It is important that awnings be coordinated with their "host" building, as well as with neighboring awnings and signs. The standards set forth in subsections (b.) through (n.) below shall regulate and guide the use of these structures.
(b.)
Minimum height—All awnings, at their minimum height (clearance), must be at least eight feet above the sidewalk surface. The highest point of any awning must also not be more than 20 feet above the sidewalk surface.
(c.)
Ratios—Awnings should be at an appropriate scale to the building size. They shall not extend above the roof line of any single-story structure, or above the top of the second floor of any multi-story structure at the awnings' highest points. Awnings shall not completely obstruct any windows on the building, nor shall they extend more than four feet outward from the building face.
(d.)
Projection—Since awnings must extend beyond the building facade, a reasonable amount of projection will be allowed. However, no awning shall be erected which extends more than four feet beyond the building surface. A separation of at least two feet must also be maintained between the outer edge of the awning and any utility pole, light standard, traffic control sign/device, or curbline. The inner edge of the awning must be flush with the surface of the building, and the awning sides must be a 90-degree angle with respect to the building facade.
(e.)
Thickness—Awnings must provide necessary room for structural and electrical considerations. No awning should be more than four feet thick.
(f.)
Color—A mixture of colors is recommended, but not more than three colors per facade (logo excluded). Awnings must maintain a consistent color scheme for each business. Colors must also be appropriate for building color, neighboring awnings, and buildings, and any associated signs. Mirrors, or other highly polished/reflective materials, shall not be permitted.
(g.)
Illumination—Only the lettering of an awning may be illuminated with back lighting. The area illuminated shall not be larger than the area allowed for an attached sign. Floodlamps and neon (i.e., gaseous tubes) will not be permitted. Illumination intensity will not be allowed to vary. Flashers, beacons, or other similar devices are prohibited. Awning illumination may be activated at dusk and shall be deactivated at dawn.
(h.)
Movement—Except for fabric awnings which are designed to be moved for maintenance purposes or retracted for storm protection awnings shall not be designed to provide movement. With the exception of fabric awnings' edges, which will move with light breezes, no awning shall be designed to have physical, electrical, pneumatic, or other type of movement except for maintenance purposes only. Awnings shall not be constructed of materials which imply movement (such as diffraction grates).
(i.)
Material—Awnings shall be constructed of approved, environmentally sound materials which are in compliance with all city building and electrical codes.
(j.)
Content—Although the city does not regulate sign content, awnings shall contain only the name of the establishment, a logo, and/or street address. No other lettering or image will be allowed, aside from the color pattern.
(k.)
Lettering—Any lettering on an awning must be no greater than one foot tall.
(l.)
Overlap—No awning may overlap another awning of the same or neighboring building. Awnings may be no closer than 18 inches to one another. Heights should vary no greater than one foot between adjacent awnings.
(m.)
Use with signs—Awnings and wall (attached) signs may be used on the same facade. Small signs may hang from underneath the awning (termed "under-canopy signs"). These signs must be no lower than eight feet from the sidewalk surface. These signs may be no larger than five feet in length, one foot in height, and two inches in depth/thickness. They may not be illuminated. Only one of these signs will be allowed for each business.
(n.)
Number of awnings—Awnings are not required facade treatments. A business many have as many as one awning per window or door/entrance.
vi.
Except as may be allowed by subsection (11) below, temporary and portable signs, detached signs (including pole signs, pylon signs, monument signs, etc.) are not permitted within the central area (CA) district.
(10)
Off-premises detached signs.
a.
An off-premises, detached sign may not be located closer than 2,000 feet from another off-premises, detached sign on the same side of the roadway and shall be restricted to the roadway(s) along Interstate Highway 20 and Spur 557. No off-premises signs shall otherwise be permitted or erected within the City of Terrell or its extraterritorial jurisdiction other than along the two roadway(s) described above.
b.
Any portion of an off-premise, detached sign may not be erected within five feet from the right-of-way along the two roadways described above.
c.
Signs may not be located in such a manner as to:
1.
Create a safety hazard;
2.
Obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device;
3.
Obstruct or interfere with the driver's view of approaching, merging or intersection traffic; or be likely to cause a driver to be unduly distracted in any way.
d.
For spacing purposes, multiple faced off-premises detached signs under common ownership, whether double-faced, back-to-back, or of V-type construction, shall be considered to be one sign provided they are either:
1.
Physically contiguous;
2.
Connected by the same structure or by cross-bracing; or located in close proximity to each other, but in no event more than 15 feet apart at their nearest point.
e.
Existing off-premises, detached signs (e.g., billboards), which are currently in existence prior to the effective date of this section, shall be permitted to remain in their current location and, as a part thereof, change messages or advertisements. However, they shall not be allowed to undergo any other modifications or changes that would in any way conflict with the provisions of this section as specified above.
f.
Unless specific provisions are made to the contrary in this ordinance that would otherwise conflict with the standards of the Texas Department of Transportation regarding the erection of off-premises signs, the City of Terrell does hereby adopt the standards of the Texas Department of Transportation regarding said erection of off-premises signs.
g.
All off-premises sign permits shall be first submitted to the Texas Department of Transportation for its approval and, following said approval, be submitted to the Department of Municipal Development of the City of Terrell for the issuance of a sign permit.
(11)
Temporary and portable signs.
a.
Temporary subdivision development signs and "for sale" or "for lease" signs may be erected, provided such sign(s) relate only to the property upon which they are located.
1.
Such temporary sign shall not exceed 96 square feet in surface area.
2.
Such temporary signs shall not exceed 15 feet in height.
3.
Not more than one such sign shall be erected for each 30 acres in the area currently under development.
4.
Placement of such signs shall be subject to approval of the building official, and shall not constitute a visibility or other safety hazard.
5.
Such temporary signs shall be removed when 95 percent of the available lots have been sold and end users/occupants.
b.
Temporary signs advertising occasional sales (including garage, patio, estate, and porch sales) shall be limited to one sign not to exceed two square feet placed upon the property where the sale is conducted. Off-site garage sale signs are permitted, provided they have the address of the sale upon them, and they are self-supporting and not placed within public rights-of-way or mounted upon public or utility structures (e.g., telephone poles, street light standards, street sign poles, public buildings, etc.) or on trees, fences, etc. Off-site garage sale signs may not be placed prior to 5:00 p.m. on Friday, and they must be recovered (removed) by 8:00 a.m. Monday. A fine will be assessed for each off-site garage sale sign left after 8:00 a.m. Monday recovery time/date. No more than four off-site garage sale signs are permitted for each garage sale event.
c.
Temporary signs for the purpose of advertising civic, nonprofit, or philanthropic organization activities may be erected within the city within the following guidelines:
1.
The maximum size of the sign shall be six square feet.
2.
Each sign shall be located on private property.
3.
Such signs shall be erected for a maximum of seven days.
4.
A maximum of six signs may be permitted during each seven-day period.
5.
Each sign shall be self-supporting, and shall not be attached to fences, posts, utilities, trees, etc.
6.
No sign shall be erected or maintained in such a manner as to obstruct free and clear vision.
7.
It shall be the responsibility of the organization who registers the signs to remove them promptly at the end of the seven-day period.
d.
Temporary signs including banners for nonresidential uses only may be permitted when such signs are located on the premises of the nonresidential uses, and are subject to the following restrictions:
1.
No such signs shall be erected unless a permit is first procured from the building official. Portable signs shall not be converted to become permanent on-premise signs, unless such conversion conforms to this section and is properly permitted under the provisions of this section as a permanent sign.
2.
No permit fee is required for temporary signs under this section for public, religious, educational, or charitable institutions.
3.
Sign shall not exceed 32 square feet in size, except as provided for banners in subsection 9. below.
4.
The permit for a temporary sign including a temporary banner may be issued for a maximum of 30 days, with a maximum of three temporary sign permit issued each year for each business. No permit for the same location shall be issued until a minimum of 30 days has elapsed since the previous permit expired. Said temporary sign shall be physically removed from the referenced location upon expiration of the permit.
5.
Temporary signs, including banners, shall be set back a minimum of 15 feet from the curb or edge of pavement, and completely outside of city right-of-way. Further, said sign shall not be located within the intersection visibility triangle area, and shall not obstruct visibility of motorists or pedestrians.
6.
Temporary signs, including banners, may be internally or indirectly lighted; however, such lighting shall not be of a flashing, intermittent, moving, or similar lighting type. Any temporary (such) sign located within a residentially zoned district shall not be lighted.
7.
All temporary signs, including banners, shall be securely attached to their mounting structures at all times, shall not project above the roof line of the building on the premises, and shall not be attached to or suspended from any other sign, including poles, a fence/wall, or a structure other than a building (see subsection (c)(8)f. herein).
8.
All temporary signs, including banners, shall be kept in good repair (i.e., not tattered, unanchored, faded, frayed, or unsightly).
9.
Additional regulations for banners:
i.
Banners shall not exceed 40 square feet in size, except when used adjacent to Interstate Highway 20 and Spur 557 banners shall not exceed 60 square feet in size.
ii.
Pole-mounted banners (i.e., banners affixed to light poles) shall be securely attached to their poles with metal brackets or other suitable mounting device, and shall not be located any closer together than a minimum 20-foot spacing. Pole-mounted banners shall not be connected together or suspended between their respective poles. A display of more than one pole-mounted banners shall be permitted as a single installation (i.e., one sign permit required); however, each banner to be displayed shall be assessed a separate fee pursuant to section 5 of the sign ordinance. Pole-mounted banners shall have a minimum vertical height clearance of ten feet over parking areas, sidewalks, and landscaped areas, and 14 feet over street rights-of-way and fire lanes. Such banners shall be allowed to have a text message, logo, or symbol identifying the business or its goods/services, the total size of each banner as permitted herein shall not exceed 24 square feet (except as provided in (a.) below), and the banner shall not be less than two feet in width nor more than ten feet in length (except as provided in (a.) below) or greater than 20 percent of the surface height of the pole to which it is attached.
(a.)
Where used adjacent to Interstate Highway 20 and Spur 557 (inclusive of the interchange of Spur 557 and U.S. Highway 80) for a depth of 660 feet and inclusive of the city limits, such banners shall not exceed 36 square feet, and they shall not be less than three feet in width nor more than 12 feet in length or greater than 20 percent of the surface heights of the pole to which it is attached.
iii.
Linear banners (i.e., banners that are typically longer/wider than they are tall, and affixed to a wall surface or between short poles) shall be securely attached to the building (or their poles), and shall not be located any closer together than a minimum 20-foot spacing (i.e., cannot be connected together). Each linear banner shall require a separate sign permit, including payment of a separate fee for each banner pursuant to section 5 of the sign ordinance. The size and height of linear banners shall conform with the requirements for attached signs (if mounted on a building face) with the zoning district wherein the banner(s) will be located. Linear banners are limited to one per three acres of property (i.e., the size of the lot) per street frontage (for example, a nine-acre lot can have three linear banners per street frontage). Linear banners shall be allowed to have a text message, logo, or symbol identifying the business or its goods/services.
iv.
Special provisions for changeable banners—The size, location, configuration, and general appearance of approved, permitted changeable banners shall not substantially deviate from that of the original installation, a permit for a changeable banner shall be valid for a period of one year, and an application must be submitted to the city for renewal each year. Failure to comply with any provision of this section will immediately void any permit then in existence, and will constitute grounds for denial of a renewed permit.
v.
Special provisions for temporary banners—Temporary banners shall adhere to all regulations within this section pertaining to other types of temporary signs.
10.
Pennants shall be prohibited in any zoning district, except in conjunction with a grand opening even (see subsection (9)b.4.vi. herein).
e.
Temporary real estate directional signs—Temporary, off-premise real estate signs (i.e., "bandit" signs) are permitted in any nonresidential zoning district, provided that each sign does not exceed six square feet in size, and subject to the following restrictions:
1.
Signs are to be placed after 5:00 p.m. on Friday, and recovered (removed) by 8:00 a.m. on Monday.
2.
Signs are permitted on private property only with written permission of the property owner.
3.
Signs placed within the public right-of-way shall not constitute a traffic/safety hazard or visibility impairment.
4.
Signs left within the public right-of-way after 8:00 a.m. on Monday are subject to impoundment by the city and a recovery/removal fee will be assessed for each sign.
f.
Temporary signs (e.g., banners, etc.) may be erected on municipally owned property if authorized by the city.
g.
Portable signs are subject to the following restrictions:
1.
Prior to the use or placement of any portable sign, a permit must be obtained from the building official.
2.
A maximum of one portable sign permit, not to exceed 60 consecutive days, per year may be issued for each business address.
3.
There shall be a minimum distance of 200 feet between portable signs, measured along the street right-of-way. Each side of the street shall be counted separately.
4.
Portable signs shall not exceed 32 square feet in size.
5.
Portable signs shall be set back a minimum of 15 feet from the curb or edge of pavement, and completely out of the city's right-of-way. Further, said signs shall not be located within the intersection visibility triangle area, and shall not obstruct visibility of motorists or pedestrians.
6.
Portable signs shall be set back a minimum of 30 feet from nonresidential side property lines. Portable signs shall be set back a minimum of 50 feet from adjacent residential side property lines. Portable signs shall not be located within the intersection visibility triangle area, and shall not obstruct the visibility of motorists or pedestrians.
7.
The owner of any portable sign shall be responsible for obtaining a sign permit, as required herein, and shall be responsible for any violations of this section. Upon obtaining a sign permit, the owner of the sign shall sign a statement identifying and holding the city harmless of any damages which may result from the placement of said sign: and such statement shall further give the city the right to impound such sign should it be placed in violation of this section.
8.
Portable signs shall permanently display on the sign, in easily readable form, the name, address, city, ZIP code, and telephone number of the owner of said sign.
9.
Portable signs may be internally or indirectly lighted; however, such lighting shall not be a flashing, intermittent, moving, or similar lighting type. Any sign constructed of or containing material capable of reflecting light, images, or sound waves, or of producing glare or mirrored images shall not be permitted.
10.
Impoundment—The owner or occupant of any property upon which there is located a portable sign in violation of this section, or the owner or lessee of any portable sign which is in violation of this section, shall be given notice by the building official stating the nature of the violation and ordering that the violation be corrected or the sign removed from said property within 72 hours.
11.
Notice of the building official of violation of this section shall be given by one of the following methods:
i.
The sign permit shall show the expiration date of the portable sign permit; or
ii.
A notice shall be attached to the sign in violation of this section; or
iii.
Verbal notification by telephone or in person shall be given to the owner or occupant of the property upon which there is located a portable sign in violation of this section, or the owner, or lessee of the portable sign in violation of this section, by the building official; or
iv.
Written notice by the building official to the sign permittee.
12.
If the owner, lessor, lessee, or the representative of the lessor of the portable sign fails to remove such sign within 72 hours of the building official's notification, then the portable sign may be removed by the city, or its duly authorized agent, at the expense of the sign owner or the person erecting, leasing, using, or maintaining it.
13.
Any portable sign so removed that be subject to a fee of $50.00 for hauling the sign to the city's storage area; plus a $10.00 per day storage fee for each day the sign is stored by the city.
14.
Any portable sign so removed from public or private property shall be stored or impounded by the city until all applicable charges have been paid, or until 30 days have passed.
15.
If any sign remains unclaimed for a period of 30 days after its removal, or if the removal and storage costs are not paid within such 30-day period, the city may destroy, sell, or otherwise dispose of the sign at its discretion.
16.
In calculating the length of the storage period and the storage fee, the first working day after the date of the impoundment shall be considered day number one. Thereafter, all calendar days, including weekends and holidays, shall be counted.
17.
The building official, or any duly authorized agent, may enter upon private property which is accessible to the public for the purposes specified in this section to examine signs or their locations, to obtain information as the ownership of such signs, and to remove or cause the removal of any sign declared to be a nuisance pursuant to this section.
18.
If the city determines that the owner or occupant of the property upon which there is located a portable sign in violation of this section, or if the owner or lessee of the portable sign in violation of this section has had three previous sign violations without reasonable cause, the city shall withhold issuing further such permits to such property owner, lessee, sign owner, or sign lessee.
19.
Portable signs which are in existence as of the effective date of this section shall be allowed to remain for a period of one year, and shall be removed by the property or sign owner at the end of this time period.
(d)
Administrative procedures.
(1)
Nonconforming signs.
a.
By the passage of this section, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this section and all other codes and ordinances of the city. Any existing sign which does not conform to all provisions of this section shall become a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances; it shall be, or continue to be, an illegal sign if it did not exist as conforming or nonconforming sign beforehand, as the case may be. Temporary permits previously granted shall not be renewed unless the sign is made to conform to the provisions of this section. It is further the intent and declared purpose of this section that no offense committed, and no liability, penalty or forfeiture (either civil or criminal) incurred prior to the time this section was adopted shall be discharged or affected by such passage, but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted and causes presently pending may proceed.
b.
Removal of certain nonconforming signs:
1.
As of the effective date of this section, all existing nonconforming signs, except portable signs and signs that are determined to be unsafe (see subsection (b)(8) herein, unsafe and unlawful signs), shall be permitted to continue to exist in their present form and location (except as provided in subsection (d)(1)4. below).
2.
Abandoned signs (see subsection (a), definitions) may be removed by the city after they have been unused for six months.
3.
All nonconforming portable signs shall be removed within one year following the effective date of this section.
4.
Any change of business occupancy shall require any existing nonconforming signs on the premises to be modified, or possibly reconstructed, to conform with the provisions of this section prior to occupancy/operation of the new business(s).
5.
No existing nonconforming sign (except as allowed in subsection (c)(10), off-premises detached signs) shall be modified, changed, or altered unless it is brought into conformance with the provisions of this section.
c.
No nonconforming sign shall be repaired or renovated at a cost in excess of 35 percent of the replacement cost of the total sign structure, unless said sign is brought into conformity with this section. No nonconforming sign shall be repaired or renovated where the effect of such repair or renovation shall be to enlarge or increase the size, bulk, or height of the nonconforming sign. For the purposes of this subsection, normal maintenance shall not be considered to be repair or renovation.
d.
It shall be unlawful to maintain any sign erected without a valid permit, where a permit was required for the erection of the sign according to the law/ordinance that was in effect at the time the sign was erected. It is a defense to prosecution under this subsection if the sign is made to comply with the provisions of this section such that a permit may be issued.
(2)
Zoning board of adjustments.
a.
The zoning board of adjustments shall be empowered to vary one or more of the provisions of this section if it appears that strict adherence to the ordinance would represent a hardship (cannot be self-imposed or strictly financial in nature) or would produce a manifest injustice considering such facts as the sign itself, pre-existing conditions beyond the applicant's control, the proposed location, and/or other pertinent factors. Such decision of the zoning board of adjustments to vary provisions(s) contained herein shall not conflict with the spirit of this section, which is intended to ensure safety, the provision of adequate light, open space and air, the conservation of and building values, and to encourage the most appropriate use of land.
b.
The zoning board of adjustments shall also be responsible for initiating and/or drafting possible amendments to this section, as may become necessary, and for making recommendations to the city council for consideration and adoption of such amendments.
(3)
Responsibility for violations. The owner of lessor of the sign, the lessee of the sign, the owner of the land or structure where the sign is located, or the person responsible for erecting the sign or structure are all subject to the provisions of this section, and are therefore subject to the penalty(s) hereinafter provided for noncompliance with this section.
(4)
Penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof after due process of law, shall be fined an amount not to exceed $200.00 per offense. Each day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such hereunder.
(Ord. No. 1538, 7-19-88; Ord. No. 1816, 2-6-96; Ord. No. 1905, 1-6-98; Ord. No. 1965, 4-20-99; Ord. No. 2028, 8-15-00; Ord. No. 2055, 3-20-01; Ord. No. 2466, Art. I, 9-21-10)