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HomeMy WebLinkAboutOrdinance 1572 ORDINANCE NO. 1572 BE IT ORDAINED by the City of North Richland Hils, Texas, that Ordinance No 1080 (Zoning Ordinance), adopted January 9, 1984 and as heretofore amended, be and the same is hereby amended at the following section: ~ SECTION XXX SIGNS 30.1 PURPOSE The sign regulations as herein established have been made for the purpose of promoting health, safety, morals and general welfare of the City of North Richland Hills. The Ordinance contains standards regulating the use, size, location, construction and maintenance of signs. The intent of the regulations is to protect value within the City of North Richland Hills, to enhance the beauty of the City and to protect the general public from damage and injury which may be caused by the unregulated construction of signs. 30.2 DEFINITIONS 30.2.1 AREA OF SIGN "Area of Sign" shall mean the total area within the extreme perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not be included in calculations. The area of the sign with two (2) faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the planes of the opposing faces exceeds thirty (30) degrees the total area of both faces shall be considered the sign area. For multi-sided or circular signs, the calculation shall include all of the projected area. 189 ~ 30.2.2 30.2.3 30.2.4 30.2.5 30.2.6 30.2.7 BANNER SIGN "Banner Sign" shall mean any sign painted on a strip of cloth, canvas, or light fabric with or without frames intended to be displayed for a short period of time only. BUILDING LINE "Building Line" shall be the setback lines as established by the Zoning Ordinance of the City of North Richland Hills. DEVELOPMENT "Development", for the purposes of this section, shall mean any nonresidential property improvement or properties improved as a unit with a common parking area that is contiguous to the development. A shopping center under single or mutiple ownership constitutes a development. A pad site within a shopping center under separate ownership constitutes a development. Any single lot, single structure on nonresidential property constitutes a development. FLAG "Flag" shall mean Unites States, Texas, Company, and Award type flags flown from flag poles. GROUND SIGN "Ground Sign" shall mean a sign not wholly supported on a building or which has its main supporting structure depending on the ground for attachment. LIMITED ACCESS FREEWAY "Limited Access Freeway" shall be deemed to mean a highway to which the right of access to or from abutting lands is controlled 190 30.2.8 30.2.9 30.2.10 30.2.11 30.2.12 and restricted by the State Department of Highways and Public Transportation or the City of North Richland Hills, further, a "Limited Access Freeway" shall be bordered on each side by access roads (or right of way for access roads). "Limited Access Freeways" within the City of North Richland Hills are Interstate Loop 820 and State Highway 121 (Airport Freeway) only. MAJOR DEVELOPMENT A "Major Development" shall mean a coordinated commercial development containing fifty thousand (50,000) square feet of building(s) area. MARQUEE SIGN "Marquee Sign" shall include any hood or awning or permanent construction projecting from the wall of a building or other structure containing either permanent or changeable advertising. MONUMENT SIGN "Monument Sign" shall mean a ground sign constructed out of brick, stone or cast concrete supported on concrete foundation. PROJECTING SIGN "Projecting Sign" shall mean a sign suspended from a building or structure and projecting out therefrom more than one (1') foot. PYLON SIGN "Pylon Sign" shall mean a ground sign erected for the purposes of identifying the tenants in a major development as defined by this Section. 191 30.2.13 30.2.14 30.2.15 30.2.16 QUALIFIED STREET FRONTAGE "Qualified Street Frontage" shall mean the width of property along the street of a commercial or industrial development which bears the address of the property. ROOF SIGN "Roof Sign" shall mean any sign supported by the roof of building or placed above the apparent flat roof or eaves of a building as viewed from any elevation. SIGHT TRIANGLE "Sight Triangle", for the purposes of this section, shall be an area of unobstructed visibility on either corner of a street and/or driveway of at least twenty-five (25') feet in any direction. SIGN "Sign" shall mean a display board, screen, structure, object or part thereof, used to announce, declare, demonstrate, display or otherwise advertise and attract the attention of the public to any business, service or product provided on the premises upon which sign is placed, other than: (a) Official notices authorized by a court, public body or public officer, and, (b) Directional, warning or information signs authorized by federal, state or municipal authority. 192 30.2.17 30.2.18 30.2.19 30.2.20 30.2.21 TEMPORARY SIGN "Temporary Sign" shall mean a sign, balloon, or other advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or light material with or without frames intended to be displayed for a short period of time only. Trailer and portable signs are classified "temporary signs". TRAFFIC CONTROL SIGN "Traffic Control Sign" shall be any sign used only to control and direct traffic on private property, e.g., "ENTER" or "EXIT". WALL SIGN "Wall Sign" shall mean any sign painted on, attached to or projecting from the wall surface of a building (including permanent window signs and signs on awnings and/or marquees). A wall sign shall not project above the apparent flat roof or eave line as viewed from all elevations, or more than one (1') foot from the surface of the wall. WALL SURFACE "Wall Surface" of a building shall mean the general outer surface not including cornices, bay windows, or other ornamental trim, of any main exterior wall of the building. ZONING DISTRICT "Zoning District" shall be the Districts as designated in this Ordinance. 193 30.3 SIGN PERMIT AND FEES 30.3.1 SIGN PERMIT REQUIRED (a) No person shall erect, alter, add to a sign or sign structure, except as provided in this Section and unless a permit for the same has been issued by the Building Permit Department. Where signs are illuminated by electric lighting requiring permanent wiring connections, a separate electrical permit shall be obtained as required by the Electrical Code of the City. Temporary signs may be permitted to businesses possessing a current Certificate of Occupancy. 30.3.2 (a) (b) OFFICIAL, QUASI-OFFICIAL AND DIRECTIONAL SIGNS Nothing herein contained shall prevent the erection, construction and maintenance of official, traffic, fire and police signs, signals, devices and markings of the State, City or other appropriate governmental authorities, nor the posting of notices required by law. Private and quasi-public signs shall be prohibited upon public property unless authorized by the City or other appropriate governmental authority. (b) Legal notices, telephone and other underground utility warning signs not exceeding one (1') square foot in size and other safety signs may be erected without a permit being issued. (c) Nonadvertising, directional or informational signs less than six (6') square feet in area may be used without a permit in zoning Districts R-7MF, 0-1, LR, C-1, C-2, OC, I-I, 1-2 and PD as designated in this Ordinance. 194 30.3.3 APPLICATION FOR SIGN PERMIT Applications for sign permits shall be to the Building Inspection Office for each development on which the sign or signs are to be erected and shall contain or have attached thereto the following information: (a) Name, address and telephone number of the applicant. (b) Location of building, structure or lot to which or upon which the sign or advertising structure is to be attached or erected. (c) Position of the sign or advertising structure in relation to nearby buildings or structures. (d) Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the buildings or in the ground. (e) Copy of stress sheets and calculations showing the structures are designed for dead load and wind pressure in any direction in the amount required by the Codes and Ordinances of the City. The Building Code of the City, which is the current edition of the Uniform Building Code, shall apply for design of any sign structure. All structural calculations and design drawings are to be by a professional engineer registered by the State of Texas. (f) Name of person, firm, corporation or association erecting structure or painting of sign. (g) Any electrical permit required and issued for such sign. 195 (h) Detailed plans of all existing signs, including photos and/or other pertinent data which will aid in the determination to the site's conformance with this Ordinance. (i) Such other information as the Building Official shall require to show full compliance with this and all other Codes and Ordinances of the City. (j) In addition to the filing fee, a sign permit fee shall be collected in accordance with the schedule contained in Section 30.3.4 (a) 30.3.8. NONCONFORMING SIGNS The lawful use of any sign at the time this Ordinance was adopted may be continued for a period of five (5) years, after which any sign not in compliance with this Ordinance shall be considered non-conforming. (b) Except as this Ordinance may otherwise require, any nonconforming sign use may be continued in operation on the same land and/or on the same structure which was in use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such sign area advertising and/or structure shall not be changed. (c) No new permit may be issued for a sign which does not conform to the provisions of this section. 30.3.5 APPROVAL OF TRAFFIC ENGINEER If, in the opinion of the Building Official, the plans and 196 specifications indicate that the sign or sign structure might interfere with, mislead, or confuse traffic, and if a ground sign is to be placed on a corner lot and in the opinion of the Building Official, could create a potential hazard to traffic, the applicant shall be required to submit a certification from a qualified Traffic Engineer that the sign location and structure will not constitute a hazard. 30.3.6 ISSUANCE OF PERMITS If it shall appear that the proposed sign structure is in compliance with all the requirements of this Section and all other Codes and Ordinances of the City and has received approval where necessary, the Building Department shall then issue the sign permit. If the work authorized under the permit is not prosecuted and has not been completed within one hundred eighty (180) days or a proper extension granted thereto after the date of issuance the said permit shall become null and void. Issuance of a sign permit shall be conditioned upon the applicant's acceptance of any conditions imposed thereon by the City. 30.3.7 UNSAFE AND UNLAWFUL SIGNS (a) Signs and sign structures including those existing prior to this Section shall be maintained at all times in a state of good repair, safe and secure with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, able to withstand at all time the wind pressure for which they were originally designed. 197 (b) No person maintaining any sign, sign structure or billboard shall fail to keep the ground space within eight (8') feet of the base of the sign, signboard, billboard, or advertising structure free and clear of weeds, rubbish and other flammable waste materials. 30.3.8 FILING AND PERMIT FEES (a) Permanent Signs: Sign permit fees for permanent signs shall be based on square footage of the sign in accordance with the following: SQUARE FOOTAGE FEE 1 to 50 51 to 100 101 to 200 201 to 300 301 and above $ 50.00 100.00 200.00 300.00 300.00 (b) Temporary Signs: A single filing/permit fee of $25.00 shall be charged for each application for temporary signs. Permits for trailer and other types of portable signs shall be in form of a sticker label which shall be applied by owner to sign. Label shall show date of Permit issue and expiration. 30.4 AREA OF SIGNS PERMITTED 30.4.1 SIGNS: COMMERCIAL AND INDUSTRIAL (a) For signing purposes, frontage on private streets that serve as a public thoroughfare and not just as driveway may be considered as qualified street frontage. (b) Anyone (1) development may have one sign which may be a choice of, a ground sign, Monumment sign, roof sign or projecting sign, subject to the requirements of Sections 30.4.2 through 30.4.8. 198 (c) Major Developments, containing fifty thousand (50,000') square feet or greater in building(s), may have one Pylon Sign located on one street frontage. The total amount of signage allowed on a Pylon Sign shall be calculated at (0.005) square feet of signage for each square foot of floor area up to a maximum of one thousand (1,000') square feet of sign area. Signage for such major development may reach a maximum height of seventy-five (75') feet if the sign is located on a Controlled Access Freeway frontage. For all other frontages of such development the sign may reach a maximum of fifty (50') foot in height and shall meet the general provisions of this Section. (d) In Developments with substantial street frontages; i.e., three hundred fifty (350') linear feet or greater, on two or more streets, additional ground signs may be permitted for each street providing that all signs requested must meet the provisions of Section 30.4.2. GROUND SIGNS 30.4.2 Ground signs are subject to the following provisions: (a) One (1) ground or pole sign may be permitted for each three hundred (300') linear feet or portion thereof of qualified street frontage with each development in all zoning districts except AG and all "R" Districts. (b) The total area of sign permitted for a ground sign shall be calculated as one (1') square foot of sign for each linear foot 199 of street frontage, up to a maximum of three hundred (300') square feet for anyone sign. (c) The maximum height of any ground sign and supporting structure shall be twenty-five (25') feet, except that the height of a ground sign may be increased by adding one (1') foot of height for each linear foot the sign is set back from the adjacent property lines, not to exceed an absolute maximum of fifty (50') feet to the top of the sign; except as noted in Section 30.4.1. (d) The height of any ground sign may not exceed one-half (1/2) the shortest linear distance from the location of the sign to the nearest boundary of any AG or tJRtJ Zoning District. (e) The sign shall not project over the property line of the development, right-of-way or over any area within ten (10') feet of the curb of a public street. (f) A minimum qualified frontage of fifty (50') feet shall be required to erect a ground sign. (g) Permanent attachment to the ground shall be required for all ground signs, to meet or exceed the requirements of Section 30.3.3 paragraph (e). MONUMENT SIGNS 30.4.3 Monument Signs are subject to the following provisions: (a) One (1) monument sign may be permitted with each development in all zoning districts with exceptions as specified in 30.4.3(b). (b) Monument signs in tJRtJ districts are limited to main entrances to "R" subdivisions and/or subject to approval of the Planning and 200 Zoning Commission at Final Plat submission. Monument signs are not permitted in "AG" districts. (c) Monument signs in all zoning districts with exception of "R" districts shall not exceed six (6') feet in height and shall not exceed one hundred fifty (150') square feet in sign area. (d) Monument signs in "R" districts shall not exceed four (4') feet in height and shall not exceed fifty (50') square feet in sign area. 30.4.4 BANNER SIGNS Banner Signs are subject to the following provisions: (a) One (1) Banner Sign may be permitted with each development without a sign permit in all zoning districts except AG and the R-1, R-2, R-3, R-6T, and R-8 Districts. (b) The total permitted area for banner signs shall not exceed a maximum of fifty (50') square feet. (c) Banner Signs may be attached to a wall surface or facia and shall not project above the apparent roof or eave line. (d) Banner Signs shall be attached in such a manner to withstand wind loads. (e) Banner Signs which have become torn, tattered or unsightly, shall be removed. 30.4.5 FREEWAY SIGNS On properties fronting on the Limited Access Freeways as defined in Section 30.2 the following additional provisions shall apply to Ground Signs erected. 201 (a) The maximum height allowed for a Ground Sign located within two hundred (200') feet of a limited access Freeway shall be fifty (50') feet as measured from the location of the sign or thirty-five (35') feet above the height of the adjacent main travel lane of the Freeway, whichever is greater. (b) The maximum size of the Ground Sign which is located within two hundred (200') feet of the Freeway shall be two (2') square feet of sign area for each linear foot of Freeway frontage up to a maximum of four hundred (400') square feet. GROUND SIGNS FOR AUTO DEALERSHIPS 30.4.6 Ground Signs erected for the purpose of advertising Automobile Dealerships are subject to the following additional provisions: (a) One (1) ground or pole sign may be permitted for each distinct Dealership for each one hundred fifty (150') linear feet or portion thereof of qualified street frontage with each development. (b) The total area of sign permitted for a ground sign shall be calculated as one (1') square foot of sign for each linear foot of street frontage, up to a maximum of three hundred (300') square feet for anyone sign. (c) A minimum qualified frontage of fifty (50') feet shall be required to erect a ground sign. 30.4.7 ROOF SIGNS Roof Signs are permitted under the following provisions: 202 (a) One (1) roof sign may be permitted with each development on all zoning districts except AG and the "R" Districts. (b) Roof signs shall not project horizontally over the edge of the roof or eave. (c) The maximum permitted area of roof signage shall be one (1') square foot of sign area for each linear foot of qualified frontage not to exceed a maximum of two hundred (200') square feet. (d) The height of a roof sign shall not exceed ten (10') feet above the apparent flat roof or eave line. (e) Roof sign supports should be architecturally attractive or screened from view. 30.4.8 PROJECTING SIGNS Projecting Signs permitted are subject to the following provisions: (a) One (1) projecting sign may be permitted with each development in all zoning districts except AG and the "R" Districts. (b) Projecting signs shall not project over the property line of the development, right-of-way, or over any area within ten (10') feet of the curb of a public street. (c) A projecting sign shall not extend more than four (4') feet from any wall facing. (d) The total permitted area of a projecting sign shall be measured as one (1') square foot of sign area for each linear foot of 203 qualified frontage not to exceed a maximum of one hundred (100') square feet. 30.4.9 THEATER MARQUEES (a) The maximum permitted area of a Theater Marquee shall be one (1') square foot of sign area for each linear foot of qualified frontage not to exceed three hundred (300') square feet of sign 30.4.10 (a) 30.4.11 area. WALL SIGNS COMMERCIAL ZONES Wall Signs shall be permitted in Commercial or Industrial Zoning district developments provided the total area of all wall signs on anyone (1) wall of a building shall not exceed twenty-five (25%) percent of the total wall area. Application of the area requirements shall include any valance or permanent window signs. (c) A wall sign shall not project above the apparent flat roof or (b) eave line. (d) In Service Station/Convenience Store uses when a canopy is provided over the pump area, wall signs located on the facia area of the canopy, or suspended on the supports of the canopy, may be permitted provided that the total area of all signs does not exceed twenty-five (25%) percent of the total facia area of the canopy. SIGNS: RESIDENTIAL/AGRICULTURAL ZONES All signs are prohibited in AG and All "R" Districts except as follows: 204 (a) Multi-family developments in R-7MF and R-6T Zoning Districts shall be allowed wallar ground signs for identification purposes only for each street frontage. The total area of such signs shall not exceed fifty (50') square feet. (b) Ground signs allowed in these Districts shall not exceed a height of four (4') feet above grade. (c) Ground signs installed in these Districts shall not be located in the required sight triangle of a street or driveway inspection. (d) In "R" Distict developments providing solid masonry screening along street frontages, approved wall signs may be installed in such screening walls. (e) Wall signs may be used with any residential use in AG and all "R" Zoning Districts with the exception of R-7MF, with a maximum area of two (2') square feet per sign. No more than two (2) signs per occupancy. No permit is required for these signs. (f) In AG zoning districts, legitimate agricultural businesses or enterprises shall be permitted ground, roof, projecting or wall signs in accordance with the restrictions of Sections 30.4.2; 30.4.3; 30.4.6; 30.4.7.; and 30.4.9 with exception that such signs shall not exceed a total of one hundred (100') square feet and ground signs shall not exceed fifteen (15') feet in height. 30.4.12 TRAFFIC CONTROL SIGNS (a) The maximum area of anyone traffic control sign shall be two (2') square feet. 205 (b) Traffic control signs are not permitted in AG and all "R" Districts, with the exception of the R-7MF District. (c) Traffic control signs shall not include any advertising or attention attracting lighting, symbols, logos or shapes. (d) Traffic control signs may pertain to either vehicular or pedestrian traffic. 30.4.13 FLAGS Flags permitted are subject to the following provisions: (a) United States and Texas Flags shall be permitted in all zoning districts. (b) Company and Award type flags shall be permitted in all zoning districts except AG, R-1, R-2, R-3 and R-6T. (C) Company and Award type flags shall not exceed one hundred (100) square foot in area and if flown in conjunction with United States and Texas Flags shall not exceed area of United States and Texas Flags. (d) Flags permitted in R-7MF zoning districts shall not be flown at a height exceeding twenty (20) feet. (e) Flags permitted in AG, R-l, R-2, R-3 and R-6T shall not be flown at height exceeding fifteen (15) feet. (f) Flags as described in 30.4.13 shall be permitted without sign permit or fee. 30.5 GENERAL PROVISIONS 30.5.1 INTERFERENCE WITH BUILDING REGULATIONS No sign shall be erected in such a manner that any portion of 206 30.5.2 (a) its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or windows or obstruct any required ventilator or door stairway. ENCROACHMENT PERMIT No sign permit shall be issued for any sign which encroaches upon or over any City-owned or controlled property unless an encroachment permit therefor is obtained from the City Councilor State Agency responsible for such property. 30.5.3 PROJECTION OVER PRIVATE PROPERTY (a) No sign may project more than six (6") inches from the face of a building over private property used or intended to be used by the general public, unless there is a minimum of eight (8') feet clearance provided from the bottom of the sign to sidewalk or grade immediately below the sign, or a minimum of fourteen (14') feet clearance from the bottom of the sign to a vehicular trafficway immediately below the sign. 30.5.4 MEMORIAL SIGNS AND HISTORICAL TABLETS (a) Nothing herein contained shall prevent the City Council from granting special permits on such terms as it may deem proper, for signs denoting properties or buildings which may have historical or memorial significance to the community. Nor shall the City Council be restricted from authorizing signs as they may deem appropriate to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the City. 207 30.5.5 (a) 30.5.6 (a) VEHICLE ADVERTISING The intent of this Section is to create equal and just vehicle advertising. Vehicles may display signage in accordance with Texas Motor Safety Laws with the following additional guidelines. Signs must be permanently attached to vehicles by either being painted, bolted, screwed or magnetically fixed. Cloth or other light materials secured with rubber, rope, string, tape, or other similar adhesives shall not be permitted. (d) No sign or advertising shall be erected or attached to any (b) (c) vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. (e) No roof mounted signs shall project more than twelve (12") inches above the roof of the vehicle. (f) All vehicles which have signs or advertising shall be in working order and shall be in compliance with all applicable vehicle safety laws when signs are in place. All such vehicles shall have current registration and inspection stickers and shall be regularly used for transportation purposes. LIGHTING Signs may be illuminated or non-illuminated. Illumination may be either by internal, internal-indirect or indirect lighting as defined below. Lighting shall be so installed as to avoid any glare or reflection into adjacent property, or onto a street or alley to create a traffic hazard. 208 (b) When not necessary to satisfy security purposes, it is suggested that lighting be turned off as soon after business hours as is reasonable, especially where signs are in close proximity to residential areas. (c) "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible. (d) "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing letter) which makes the sign visible at night by means of lighting the background upon which the free-standing character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of the illumination shall not be visible. (e) "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, which lights the sign, but which itself is not visible to persons viewing the sign from any normal position of view. ROTATING, MOVING, FLASHING, CHANGING OR BLINKING, BILLBOARD SIGNS 30.5.7 (a) Rotating, search lights, flashing, blinking, or billboard signs shall not be permitted. 30.5.8 MESSAGE SIGNS (a) Message signs containing changeable messages, i.e., Time and 209 Temperature, etc, may be permitted on an individual basis by submittal of a request to the Building Official. 30.6 TEMPORARY SIGNS 30.6.1 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION: (a) No person may erect a temporary sign as defined in Section 30.2.10 without a permit from the Building Inspection Department. (b) No temporary or portable sign shall be erected or placed to advertise a business, industry or pursuit except on the premises on which the referenced business, industry or pursuit is conducted. (c) All temporary type fragile displays or signage that might separate from itself or become separated from either line under the guidelines of the 1988 Uniform Building Code, Section 23-4, Figure 4, Page 137 shall not be allowed. These restrictions are to protect the general public from flying debris generated by dismembered displays. (d) No temporary or portable sign shall be attached to any utility pole, light pole, or traffic control sign or pole, (e) The complete sign package must be removed at termination of the permit. Removal of letters from the sign board does not abate a non-permitted sign. (f) No temporary sign shall be displayed for more than thirty (30) days per permit received. (g) A maximum of three (3) temporary sign permits per year shall be issued to anyone business, industry, or pursuit. However 210 consecutive permitting is not allowed. There shall be a forty-five (45) day period between permitting. (h) Temporary signs shall not exceed fifty (50') square feet in area. (i) No temporary or portable sign shall be erected or placed within fifteen (15') feet of the curb or street except for those which may be mounted on the wall of a building which is closer than fifteen (15') feet to the curb or street. (j) No temporary or portable sign may be erected or placed in any location that constitutes a safety or traffic hazard. (k) No temporary or portable sign may be erected or placed in a fire zone, fire lane, handicap parking area or required loading zone. (I) No temporary or portable sign may be placed in any location that blocks view from any permitted permanent signage. (m) Temporary or portable signs shall be place at least one hundred (100')feet apart. (n) Non-conforming temporary signs or temporary signs without permits may be impounded by the City forty-eight (48) hours after notice is given to the owner or party responsible for the sign. (0) Each temporary sign may advertise one or more individual businesses. However, for each business advertised a separate permit fee will be required and each business will be charged for the advertisement against its allotted three (3) permits per year as stated in Subsection (g). 211 (p) Trailer and portable signs shall bear in letters of not less than one (1) inch in height the company name of the sign owner and telephone number on each unit. This information must be current. Any sign not containing current information shall be classified as non-conforming signs and may be impounded by the City forty-eight (48) hours after notice is given to the owner or party responsible for the sign. REAL ESTATE SIGNS 30.6.2 Permits shall not be required for the following types of real estate signs: (a) One (1) temporary sign announcing the offering for sale or rental of individually platted residential or commercial property on which it is placed shall be allowed in any District and may be placed in any yard. Such sign shall not exceed five (5') square feet in area. Such sign shall be removed within one (1) week following the close of a sale or lease. (b) On nonresidential commercial property where there is a business building, one (1) temporary unlighted sign offering all or a portion of the same sale or rental shall be allowed flat against any wall of the business building. Such sign shall be no taller than the wall and shall have an area no larger than one hundred (100') square feet. Such sign shall be removed within one (1) week following the close of a sale or lease. (c) On undeveloped property, temporary unlighted signs offering the same for sale or lease shall be allowed. Such signs shall be 212 located at least twenty-five (25') feet behind any curb or ten (10') feet behind any property line, whichever is greater; and shall not exceed fifteen (15') feet in height. The total area of all sign message surfaces of all such signs shall not exceed one (1') square foot per one (1') linear foot of street frontage of the property for sale or one hundred (100') square feet on each street fronting the property; whichever is smaller. Only one (1) sign per street frontage shall be permitted. Each sign shall be removed within one (1) week following the close of the sale or lease. 30.6.3 WEEKEND ADVERTISING The City of North Richland Hills's policy for weekend advertising, as expressed in this Ordinance is extended to homebuilders and apartment owners for the purpose of guiding the weekend motoring public to available residential properties in North Richland Hills. The policy is intended as a benefit also to the buying public. These provisions are designed to allow temporary directional signs without resulting in an excess that may prove offensive to others of the public. The policy should also serve as "common sense" guidelines in places where direct application is unclear. (a) Registration: In order for a builder/developer to be eligible to participate in this weekend advertisement he must be registered with the Building Inspection Office. An annual fee of $50.00 must be paid by each 213 builder/developer/owner wishing to advertise under these provisions. Such annual fee must be paid and/or renewed during the month of January of each year. (b) Schedule: Signs will be allowed between 12 PM Friday and 12 PM Monday. A holiday falling on Friday or Monday will be considered part of the weekend. (c) Sign Size: Signs shall not exceed twenty-four (24") inches by thirty (30") inches in size, not to exceed three (3') feet above grade. (d) Spacing of Signs: A minimum of thirty (30') feet must be held between all signs, and signs for one advertiser must be at least two hundred (200') feet apart. (e) Sign Location: Individual sign locations shall adhere to the following criteria. (1) No closer than forty (40') feet to a street intersection or median opening. (2) Signs may be placed in City right of way, but no closer than three (3') feet from the edge of the sign to the street curb or edge of pavement. Signs should not encroach either the sidewalks or the street. (3) No sign shall be placed in a "visibility triangle" as defined in this section. Generally, if a sign is close to blocking motorist visibility, it should be removed. (4) No signs should be placed further than three (3) miles from the subject property. 214 - (f) Sign Construction and Criteria: Signs should be rigid, two (2) dimensional displays that advertise new residential property, "For Sale or Lease", guiding the motorists to a specific location in North Richland Hills. These are the guidelines under which this policy will be administered, relating particularly to the weekend/motoring customer. It is the responsibility of the builder/owner to secure permission of the adjacent property owner for placement of the signs on private property. This policy does not grant unlimited access and use of the City right-of-way. Violations of this policy will be cause for confiscation of the signs. Any signs which are confiscated by the Code Enforcement Officer may be reclaimed by the owner of such sign, but each sign so confiscated will be subject to a redemption fee of $5.00 per sign. If signs remain unreclaimed for a period of thirty (30) days, the City will dispose of such signs as may be appropriate. Excessive general violations may require that the policy be suspended for a period of time. The Building Official shall notify the City Council in the event that the suspension of this policy is put into effect indicating the causes and the period of the suspension. All builders/owners are offered the use of these provisions equally. In so doing, the City asks that the builders/owners aid in maintaining a neat and orderly appearance throughout all of North Richland Hills. 30.6.4 SUBDIVISION/NEW DEVELOPMENT SIGNS (a) Subdivision/New Development Signs are to be used for the identification of a new project, such as a subdivision, where 215 real property is being sold for the first time to a user, new buildings, public projects and the like. These signs are not permanent but may be required for a longer period of time than most temporary signs. (b) Each subdivision and/or development shall be permitted to install one on-site sign located on the property owned by the advertiser in the same zoning district as the project and one off-site sign which may be located in any Commercial, Industrial, or Office District or on unplatted vacant property. (c) A sign permit is required for each subdivision or new development sign erected in accordance with these provisions. (d) Permits for such signs shall be issued for a period of one (1) year or to completion of the project, whichever occurs first. A second permit allowing an additional of one (1) year may be granted by the Building Official upon payment of a renewal fee equal to the original permit fee and conformance with the following requirements: (1) A substantial portion of the development is not yet completed. (2) If the development has building activity in progress, (3) If the sign is relocated to a portion of the development which is not offensive to the completed portion of the development. (e) These signs shall not exceed fifteen (15') feet in height and shall be no larger than one hundred fifty (150') square feet in size. 216 (f) Such signs shall be located at least twenty-five (25') feet behind the curb of the street and shall not be in violation of any visibility triangle. (g) On larger vacant tracts where more than one project or development may be advertised, no two signs may be closer than two hundred (200') feet apart. 30.6.5 TRADE CONSTRUCTION SIGNS (a) Trade Construction signs may be approved at the discretion of the Building Official to advertise the various construction trades on any construction site. (b) Trade construction signs must be removed prior to the issuance of a Certificate of Occupancy. 30.6.6 POLITICAL SIGNS (a) Temporary, unlighted, political signs (including portable or trailer signs) supporting an announced candidate, a party or an issue shall be allowed in any district without a sign permit. (b) Political signs shall not be located on any utility, light, traffic signal or sign pole. (c) Political signs are permitted for a period of thirty (30) days prior to local or county elections, sixty (60) days prior to a state election and ninety (90) days prior to a national election. All political signs shall be removed no later than seven (7) days after the election or after the termination of candidacy, whichever occurs first. 217 (d) In AG and all "R" zoning districts, political signs shall not have a height of more than three (3') feet above grade. In other districts, the height shall not exceed six (6') feet above grade. (e) In AG and all "R" districts, political signs shall not exceed five (5') square feet. (f) In all zoning districts, political signs shall not be located to cause a safety or traffic hazard. 30.6.7 CIVIC AND RELIGIOUS SIGNS (a) Temporary signs advertising public school, religious events of public schools and religious organizations may be erected or placed on their property after obtaining a permit from the Building Department. Such permit will be at no cost. A maximum of two permits may be issued at anyone time. (b) Temporary signs advertising public school, civic or religious events of public school, civic or religious organizations may be placed on any private property with the permission of the owner. Such off-site signs are required to be permitted. (c) Signs announcing civic or religious events of wide-spread community interest may be erected on public property or right- of-way with special permission of the City Council. Such signs will be permitted by the Building Department at no cost. Such signs shall be located so as not to present a safety or traffic hazard. 30.6.8 (a) GARAGE SALE SIGNS Temporary, unlighted signs announcing the holding of a sale of household possessions at a place of residence shall be allowed in 218 any zoning district without permit. (b) Garage sale signs shall be located on private property only. Garage sale signs shall not be permitted on any public property or right-of-way, nor on any utility, light, traffic signal or (c) (d) sign pole. Sign size shall not exceed six (6') square feet. Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale. 30.7 DESIGN AND CONSTRUCTION 30.7.1 The construction of all signs shall comply with the structural requirements of the City Building Code and the current edition of the Uniform Building Code as adopted by the City. Structural design shall be by professional engineer registered by the State of Texas. The design of sign supports and structure shall be compatible with and in harmony with the surrounding buildings and 30.7.2 structures. 30.8 OBNOXIOUS SIGNS EXPLOITING SEX PROHIBITED 30.8.1 VISUAL DEPICTION OF SEXUAL AREAS OF HUMAN FORM PROHIBITED. (a) No sign or signs as defined in this Ordinance, to include any temporary sign, which in whole or in part, depicts the human form in such a manner that the areas of the buttocks, or the genitals, or the pubic area, or any portions of the female breast below the 219 top of the nipple, are depicted as not covered with opaque clothing shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises. 30.8.2 USE OF THE WORDS CONNOTING EROTIC ENTERTAINMENT PROHIBITED. (a) No sign or signs, as defined in this Ordinance, including any temporary signs, which in whole or part advertise any "topless", "bottomless", "naked", or words of like import, except that the words 1fadult entertainment" or "adult shows1f will be permissible, shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises. 30.8.3 DISPLAY OF OFFENSIVE SIGNS A PUBLIC NUISANCE. (a) Any sign which is in violation of Sections 30.8.1 or 30.8.2 is declared a public nuisance. 30.8.4 (a) (b) ABATEMENT Any temporary sign or signs in violation of Section XXX shall be abated within twenty-four (24) hours after notice has been given in writing to abate the sign or signs. Any sign which involves letters placed on a marquee is considered a temporary sign for purposes of this Section. Any sign or signs in violation of Section XXX which can be covered or painted over in such a manner so the sign will comply with this Section and which do not require removal or mechanical 220 or electrical alterations, the whole or part of the sign shall be covered or painted within twenty-four (24) hours after written notice has been given in writing to abate the sign or signs. (c) Signs in violation of Section XXX which require mechanical or electrical alteration of all or part of the sign or require the removal of part or all of the sign in order to comply with this Section shall be altered or removed within seven (7) days after service of written notice to abate the sign or signs. 30.8.5 NOTICE TO ABATE (a) The City Manager or the Building Official or one of their designees are authorized to prepare and deliver notice to abate any sign or signs in violation of Section XXX. (b) Notice is deemed to be served for the purpose of Section XXX if delivered to any person who is an owner or lessee of the premises on which the sign or signs are located or to any officer of any corporation or any partner of a partnership which is operating a business on the premises on which the sign or signs are located which violates Section XXX and which is responsible for the sign or signs in violation of this Section. VIOLATION A MISDEMEANOR 30.8.6 (a) Any person, firm, or corporation which is found to be in violation of the provisions of Section XXX shall be guilty of a misdemeanor, and on conviction may be punished by fine of not less than ($50) dollars nor more than one thousand ($1000) 221 dollars, and each day such violation occurs shall be deemed a separate offense. 30.9 ADMINISTRATION The Building Official shall administer Section XXX of this Ordinance. 30.10 ENFORCEMENT 30.10.1 ENFORCEMENT (a) If the Building Official or other person he/she may appoint shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the approved sign permit or provisions of this Section, the permittee or owner thereof shall be given written notice of the violation. (b) If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within ten (10) days after such notice, such sign or advertising structure may be removed or altered to comply by the City of North Richland Hills at the expense of the permittee and/or owner of the property upon which it is located. (c) The Building Official shall refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay the costs so assessed. 222 (d) The Building Official may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed; by giving notice to the owner or permittee at least forty-eight (48) hours in advance. (e) The Building Official or other person he/she may appoint may cause any illegal temporary sign, to be removed within twenty-four (24) hours. 30.10.2 RIGHT OF ENTRY (a) Upon presentation of proper credentials, the Building Official or his duly authorized representative may enter at reasonable times, any buildings, structures or premises in the City to perform any duties imposed upon him by Section xxx. 30.11 ABATEMENT OF NONCONFORMING SIGNS 30.11.1 TIME PERIOD A period of ten (10) years subsequent to the effective date of this Ordinance is hereby established for the abatement of signs legally existing prior to the said date but such signs which have become nonconforming under the terms of this Section or previous Ordinances adopted since the effective date noted. Nothing contained within this provision shall apply to signs illegally erected. Such illegally erected signs are subject to immediate abatement. 30 . 11 . 2 WALL SIGNS Nonconforming painted wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the 223 business occupying the premises changes to a different business or different owner necessitating repainting of the said sign. 30.11. 3 APPEAL Abatement periods established herein are subject to appeal before the Zoning Board of Adjustment. APPROVED BY THE PLANNING AND ZONING COMM~SS;~,.,,_,.ON ~~~ DAY OF September. . ~c: C" ' ~ " ' . Chairman Planning & Zoning Commission ~~-2-c:=L-\ Secretary Planniñg an~Z~~ssion PASSED AND APPROVED THIS 10th DAY OF October , 1988. ATTEST: ~d /'~~/$~ ~ J~e Rewis, City Secretary APPROVED AS TO FORM AND LEGAL ITY : ) /) ~L At.torney ,-.' /"é,. ~ '--' '--.-- ( .I I ,. I '\.. ~" ~ '- L·' 224 THE STATE OF TEXAS Co\U\ty of Tarrant CIT13 Before me, a Notary Public in and for said Co\U\ty and State, this day personally appeared Suzanne Vasauez Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Comm\U\ications, Inc. at Fort Worth, in Tarrant County, Texas, and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: 6228251 -- AN~¿~~ro~nD. L~~8§QI30A~ÈIðJl&Tll~ SIGNS AND BILLBOARDS WITHIN THE CITY LIMITS OF NORTH RICHLAND i HILL1\ TEXASÓ1 DEFINING I II~1.~~¥~~E}U~&Dl~~O~L ~~O~~~NJ'';-EH<tf~i ~ OF SIGNS P§HMITTE . n PROVIDING F A sERIE~ X OF GENERAL NDITIONS¡ Signed .^ \1 P L Q' rv '.'-' IIli'LâTl!"RG JEMrNO. , J DIðtG~ a ~ 'l;iN~~U~1 to before me, this the 2~ T4¥IIERr~ Ds~ll~':' 1988 ,1/ I~g¡î, N~O~~~'L~I~f:A Notary Public~ ~~~:..l'-ryO~~ING FCf.o~tc~ 9J;.~F~~ ~2T lrà~. Texas. ruCOOO.OO... AND RE ALING 1 A L OkDINANCES AND ~R~S OF OR.PJNANCES IN, VI~It}Ó~JlR ll~\,rNR~. ~'t~S'Y AND PROVIDIN~ I SH.tLL B~I'NOf&lrEA~~g I EFFECTFROMANDAFTERI THE DATE OF ITS ADOP· TION AND PUBLICATION. PASSED AND APPROVED BY THE CITY COUNCIL THE 10TH DAY OF OCTOBER, 1988. Isl TommvBrown . ATTEST: NJayor It¡¡ärel~:~sTO FORM I R ITY. /II¡ ex ntl Oct. 23, 1988 CL 008 Subscribed and sworn EVELYN W. FLETCHER Notary Public STATE OF TEXAS My Comm. Exp. Sap. SO. 1992 THE STATE OF TEXAS Co\U\ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared C in d y T r u it t Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas, and who, after being duly sworn, did depose and say that the following clipping of an advertiselllent was published in the above named paper on the following datesr I T September 21, AM & PM 1988 r d II nts 0 Or "IInee #1 (Zonlnv Ordinance) regarding SIGNS. Isl Tommy Brown C~iÞ¡ J,~4 ~:~~~:":ì~:~;:":a::::':' P::J}:~;::!h~~~~~¡... ~'u:.·~:':~ 1;Y.__AS Signed '1 ~~f~~~~ ¡~."""."'" I: My Go'nm. E"'p. Od. 23. ~ ¿-'t" '¡ ~-¡.)-,,-¡[