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HomeMy WebLinkAboutOrdinance 2341 ORDINANCE NO. 2341 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City Council has determined that the regulation of advertising signs is necessary to adequately protect the public health, safety, and promote the general welfare; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I. The following sign regulations shall be the minimum standards for development within the corporate limits of the City of North Richland Hills, Texas: SIGN REGULATIONS 1. Purpose The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare of the City of North Richland Hills by facilitating easy and pleasant communication between people and their environment. These regulations contain standards intended to avoid visual clutter which is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. These regulations govern the use, size, location, construction and maintenance of signs. It is the purpose of these regulations to protect property values 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. Pursuant to these purposes, it is the intent of this Ordinance to authorize the use of signs which are: A. Compatible with their surroundings; B. Appropriate to the activity that displays them; C. Expressive of the identity of individual activities and the community as a whole; D. Legible in the circumstances in which they are seen. ard. No. 2341 2. General Provisions The following general provisions shall be applicable to all signs erected within the corporate limits of the City of North Richland Hills. Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provision. A. Compliance Required No person shall erect, alter, or add to a sign, or sign structure, unless said sign conforms to the provisions contained in this Ordinance. B. Siqn Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face. However, when the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. Construction Standards The construction of all signs shall comply with the structural requirements of the North Richland Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by the City of North Richland Hills. The design of sign supports and structures shall be compatible with and in harmony with the surrounding buildings and structures. Any electrical installations shall comply with the North Richland Hills Electrical Code. D. Enqineerinq Requirements Where required, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. E. Interference With Safety Provisions No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. F. Minimum Street Frontaqe A minimum of fifty (50) feet of qualified street frontage shall be required to erect a Ground Sign. G. Encroachment A sign shall not be constructed within or project over any property line, right-of-way line, public drainage easement, public or private utility easement without an encroachment letter which has been approved by the Public Works Department, unless a specific provision allowing such encroachment is contained in these regulations. H. Pedestrian Clearance No sign may project more than six (6) inches from the face of a building where general public access is provided over a pedestrian walkway, unless there is a minimum of eight (8) feet of clearance provided from the bottom of the sign to the grade below the sign. I. Off-premises Advertisinq All signs shall identify the business or enterprise by name and address only or products sold or used on premises. Off-premises advertising shall be prohibited, unless provisions for such signs are contained in these regulations. J. Memorial and Historical Siqns The City Councilor City Manager may authorize special permits, on such terms as deemed appropriate, for signs and markers denoting properties or buildings which may have historical or memorial significance to the community. K. Community Special Events The City Council, or City Manager may authorize signs to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the City. L. Driveway Visibility Trianqles for Commercial Properties No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between thirty (30) inches and nine (9) feet above the ard. No. 2341 2 average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise. M. Vehicle Advertisinq Vehicles which display signage shall comply with the following: 1. Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed. No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-up truck. 2. Banners, or signs made of cloth or other light materials, secured with rubber, rope, string, tape, or other similar adhesives shall be prohibited as vehicle advertising. 3. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these regulations shall be prohibited. 4. 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. N. Liqhtinq Where provided for in theses regulations, certain signs may be illuminated. Illumination may be either internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the North Richland Hills Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a street. When the Building Official has determined necessary, illuminated signs situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare. 3. Signs Exempt From These Regulations The following signs shall be exempt from regulation under this Ordinance: A. A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including historical signs and markers placed by a city, county, state or national historical preservation organization and official vehicle inspection station signs. B. A sign located inside a building and which is not displayed so as to be visible from outside the building. Signs located within a covered mall building shall comply with the North Richland Hills Building Code and the North Richland Hills Electrical Code. C. A sign located within a building, that is not legible beyond the lot line on which such sign is located. These generally include credit card decals, hours of operation signs, emergency contact information, etc. D. Works of art, including barber poles attached to a building, that do not include a commercial message. E. Holiday lights and decorations. F. Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs. G. "No Parking" or "Towing" signs authorized by City Ordinance. H. "No Dumping Allowed" signs posted to deter illegal dumping. I. Telephone and other underground utility warning signs not exceeding one (1) square foot in size and other safety signs. ard. No. 2341 3 J. Temporary Signs which are painted on glass surfaces of windows or doors and pertaining to the lawful business conducted therein. K. A sign within or on railway property and placed or maintained in reference to the operation of such railway. L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet. 4. Signs Prohibited A. Rotatinq and Flashinq Siqns: Revolving, rotating, flashing, or blinking beams or beacons of light shall be prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental agency. Flashing or blinking lights which are incorporated into an electronic message board shall be allowed and are regulated elsewhere in these regulations. B. Siqns on Public Property: Private signs shall be prohibited upon public property unless authorized by the City, other appropriate governmental authorities, or as provided by these regulations. C. Siqns Attached to Utility Poles: Signs attached to light poles, utility poles, traffic control poles and trees, except for "Posted-No Trespassing" signs shall be prohibited. D. Park Bench Siqns: Park bench signs and billboard signs shall be prohibited. E. Search Liqhts and Balloons: Search lights and inflatable balloons shall be prohibited, except when approved as a Grand Opening Permit as regulated in these regulations. F. Obnoxious Siqns Exploitinq Sex Prohibited: 1. Visual Depiction of Sexual Areas of Human Form Prohibited: No sign, including any temporary sign, which depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or adjacent to any building where it is visible from a public street or from an adjacent building or premises. 2. Use of Words Connoting Erotic Entertainment Prohibited: No sign, including any temporary sign, which advertises any "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed upon or adjacent to any building where it is visible from a public street or from an adjacent building or premises. The words "adult entertainment" or "adult shows" shall be permissible. 3. Display of Offensive Signs a Public Nuisance: Any sign which is in violation of this subsection shall be declared a public nuisance. G. Activities Specifically Prohibited: The following types of signs or activities are specifically prohibited as advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the corporate limits of the City of North Richland Hills: 1. Bungee Jumping 2. Animal rides 3. Street vendors or hawkers 4. Helicopter or airplane rides 5. Hot air balloon rides Ord. No. 2341 4 5. Definitions All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the Webster's New Collegiate Dictionary, unless specifically defined in this Section. For purposes of these regulations, certain terms herein are defined as follows: A. Banner Siqn: A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with or without frames. B. Billboard Siqn: An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises. C. Buildinq Siqn: A sign which has its main supporting structure depending on a building for support. D. Canopy Siqn: A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or metal, which projects from the wall of a building or overhangs a public way. A Canopy Sign may also be attached to a free-standing structure, such as over a gas pump island. E. Enforcement Officer: The administrative official charged with responsibility of enforcing the Zoning Ordinance. F. Flaq: A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal, or an emblem. G. Ground Siqn: A sign which has its main supporting structure depending on the ground for attachment. H. Illumination: For the purposes of these regulations the term illumination shall be defined as follows: 1. "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. 2. "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. 3. "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, but designed specifically to illuminate the sign, but which itself is not visible to persons viewing the sign from any normal position of view. I. Lot: Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this Ordinance, and usually having its principal frontage upon a street or upon an officially approved place. J. Lot Width - The minimum width of a lot measured at the front building line or chord length when the front of the lot is curved K. Monument Siqn - A permanent ground sign generally constructed out of brick, stone or cast concrete material supported on concrete foundation across the entire base of the structure and which may have an open space between the bottom of the sign and the ground which does not exceed one (1) foot. L. Roof Siqn - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and usually extending vertically above the highest portion of the roof. M. Siqht Trianqle - An area of unobstructed visibility on either corner of a street and/or driveway of at least twenty- five feet in any direction. ard. No. 2341 5 N. Siqn - A displayed structure bearing lettering or symbols, generally used to identify or advertise a place of business, product or service located or offered on the premises. O. Siqn Area - 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, except for Monument Signs. P. Siqn HeiQht - The vertical distance measured from ground level to the top of the sign, measured at its highest point above ground level. For purposes of measurement, the average surrounding ground area shall be considered the ground level from which the height will be determined for compliance with applicable regulations. a. Siqn Rider - An attachment to a real estate sign "detailing" certain features of the property, such as "Four Bedroom," "Pool," "Game Room," or the agents name. R. Temporary Siqn - A sign intended to be displayed for a short period of time only. S. Traffic Directional Siqn - Any sign used only to control and direct traffic into or on private property, e.g., "ENTER" or "EXIT". T. Wall Siqn - A sign painted on or attached to the wall surface of a building. U. Wall Surface - The general outer surface of any main exterior wall of the building or structure not including cornices, bay windows, or other ornamental trim. 6. Agricultural Zone Signs In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof, projecting or wall signs, except monument signs, in accordance with these regulations with exception that such signs shall not exceed a total of one hundred (100) square feet in area and shall not exceed fifteen (15) feet in height. 7. Sign Permit Required No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is specifically provided herein. No permit shall be issued until the Building Official determines that the proposed sign is in conformance with these and any other applicable regulations. Where signs are illuminated by electric lighting which requires permanent wiring connections, separate electrical permits shall be obtained as required by the North Richland Hills Electric Code. A. Certificate of Occupancy Required: No sign permit shall be approved unless a Certificate of Occupancy has been issued or an application for a Certificate of Occupancy has been filed with the Building Official and said Certificate of Occupancy is consistent with the proposed tenant. B. Siqn Permit Application: Applications for sign permits shall be submitted on forms furnished by the Building Official and comply with the following: 1. The permit application shall be signed by the property owner or his legal agent, and, when the applicant is any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement. 2. The applicant shall submit three (3) copies of a site plan which shows the proposed sign in relation to all lot lines and structures, or its location on the building. The Building Official may require additional information from the applicant to determine compliance with these regulations. 3. A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the ard. No. 2341 6 City. The current edition of the Uniform Building Code adopted by the City shall apply for the design of any sign structure. All structural calculations and design drawings are to be signed and sealed by a professional engineer registered in the State of Texas. 4. The name of the person, firm, corporation or association erecting the sign structure or painting the sign. 5. The site plan shall include the location and sizes of all existing signs, including photos and/or other pertinent data when requested, which will aid in the determination of the site's conformance with these regulations. C. Traffic Enqineer Certification: An applicant for a sign permit may be required to submit a certification from a qualified traffic engineer that a sign location and structure will not constitute a traffic hazard when: 1. In the opinion of the Building Official the plans and specifications indicate that the sign or sign structure might interfere with, mislead, or confuse traffic. 2. In the opinion of the Building Official a ground sign placed on a corner lot may create a potential traffic hazard. D. Permit Fees: Permit fees shall be established by separate ordinance approved by the City Council. 8. Contractor Registration As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of this Ordinance within the corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance with the requirements of the North Richland Hills Building Code. Each Sign Contractor shall pay an annual fee. Said fee shall be established by separate ordinance adopted by the City Council. 9. Administration and Enforcement For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign regulations. Any violation of these regulations is subject to the provisions of the Penalty Clause contained herein. A. Notification of Violation: When a ground sign or a building sign is constructed, erected, or maintained in violation of these regulations, the property owner shall be given written notice to remove or alter the structure so as to comply with the standards set forth in these regulations within ten (10) days after such notice. If the permittee or property owner fails to remove or alter the structure so as to comply with the standards set forth in these regulations 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 or property owner. The Building Official may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the sign violation is located if any owner or permittee refuses to pay the costs so assessed. B. Unsafe Siqns: The Building Official may require any sign or other advertising structure to be removed immediately which is unsafe, or poses an immediate risk to the safety of persons or property at the expense of the property owner. C. IlIeqal Siqns: The Building Official shall be authorized to abate or impound any temporary sign which is in violation of these regulations abated within twenty-four (24) hours after notice has been given. ard. No. 2341 7 10. Table of Permitted Signs The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs shall be allowed or prohibited by these regulations. Signs are listed in accordance with allowable zoning districts shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas. Table of Permitted Signs Permit (Y/N) A. Ground Signs Major Development Signs Monument Signs (1) (2) (3) Pole Signs (2) (3) (4) Subdivision Nameplate Signs New Development Signs Traffic Directional Signs B. Building Signs Canopy Signs Projection Signs Roof Signs Wall Signs (5) c. Temporary Signs Regulation Section Number y y y y y N y y y y RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS (/) a: a: u.. C') e \D co ~ a:: a:: a:: a:: a:: = ~ ::> ~ ~ J: :¡: 0 C\J Ü Ü 0 C\J a:: 5 ü 17 15 14 19 20 21 25 26 24 23 Banner Signs N 32 Construction Trade Signs (6) N 33 Flags (7) N 34 ~ffi~S.S~ N ~ Political Signs (8) N 31 Portable Signs (9) Y 28 Real Estate Signs (10) N 29 Weekend Advertising Signs Y 35 1. Monument Signs are regulated as being either single-family residential, multi-family residential, or non-residential. 2. Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships. 3. Signs in the AG district have special size and height limitations, see Section 6. 4. Additional height and sign area are allowed when the Pole Sign is located within the Freeway Overlay Zone. 5 Multi-family allowed one Wall Sign per street frontage. 6 Construction Trade Signs are regulated as either residential or non-residential. 7 Company logo flags not allowed in AG, R1 S, R1, R2, R3, R4D, R6T, R8 & MH1 districts. 8. Political Signs are regulated as either AG & 'R' district signs or 'All Other district signs. 9. Portable Signs used as a Political Sign are allowed in the AG - Agricultural zoning district. 10. Real Estate Signs are regulated as either residential or non-residential. ard. No. 2341 8 11. Nonconforming Signs For purpose of these regulations, this Section shall apply to nonconforming signs. Any sign or advertising structure which was erected prior to such time as it came within the purview of these regulations, and any amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations: A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review Board. Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has been removed, the sign area and sign height of the replacement sign shall be in accordance with the provisions of these regulations. B. A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value, shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The Building Official may require the owner of said non-conforming sign to submit two or more independent cost estimates from established sign companies to repair or renovate the existing non-conforming sign and two cost estimates from established sign companies to construct a new sign, including its supporting structure, which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or deteriorated. . 12. Sign Maintenance Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were originally designed. A person maintaining any sign or sign structure shall keep the ground space within eight (8) feet measured horizontally from the base of the sign or sign structure free and clear of weeds, rubbish and other flammable waste materials. 13. Ground Signs Ground Signs shall be regulated as either Pole Signs, Monument Signs, Major Development Signs, Subdivision Nameplate Signs, New Development Signs, or Traffic Directional Signs. 14. Pole Signs The purpose of a Pole Sign is to provide advertising on a freestanding and self-supporting structure which is attached to the ground surface with uprights or braces to elevate a message area and which has an open space between the message area and the ground. A Pole Sign is not attached to any building, and does not utilize another structure for its support. Pole Signs shall comply with the following additional regulations: A. Permit: A permit shall be required for every Pole Sign. B. Permitted Districts: Pole Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. Number Allowed: One (1) Pole Sign per lot shall be allowed for the first three hundred (300) feet of qualified street frontage. Measurement of street frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Pole Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or fraction thereof. ard. No. 2341 9 D. Maximum Area: A Pole Sign shall not exceed the ratio of one (1) square foot of sign area for each linear foot of qualified street frontage, and no Pole Sign shall exceed the maximum area of one hundred (100) square feet, unless the sign qualifies for additional area when it is located within the Freeway Overlay Zone. Furthermore, the total area of all Pole Signs shall not exceed the ratio of one (1) square foot of sign area for each linear foot of qualified street frontage. E. Maximum Heiqht: 1. A Pole Sign shall not exceed the maximum height of twenty-five (25) feet, unless the sign qualifies for additional height when it is located within the Freeway Overlay Zone. F. Siqn Location: All Pole Signs shall be situated within the increment of qualified street frontage used to calculate the sign area. When a Pole Sign is situated near a property corner, the street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming an angle which bisects into equal parts the intersection of the two (2) adjacent property lines (see illustrations in appendix). G. Spacinq: A Pole Sign shall be a minimum of one hundred (100) feet from another Pole Sign, Monument Sign, or Major Development Sign situated on the same lot. H. Lots with Two Frontaqes: When a lot, tract or parcel of land abuts two (2) or more street frontages, a Pole Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty (50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as prescribed herein. I. Vehicular Protection: Every Pole Sign shall be located within a landscaped area or provided with vehicular protection using a curb, bollards or similar device unless there is: 1. a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is over a pedestrian area, or 2. a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign is over a vehicular traffic area. J. Maximum Planter Heiqht: When a Pole Sign is located at a driveway entrance, landscaping plants or planter boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height. K. Pole and Monument Siqn Interchanqabilitv: A Pole Sign may be used in lieu of a Monument Sign, except in residentially zoned areas, provided that all spacing requirements are maintained. Nothing in these regulations shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of sign used. L. Outdoor Menu Boards: Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously been approved for a business with drive-thru windows and under the following conditions: 1. Not more than one (1) outdoor menu board shall be allowed per drive-thru window. 2. Display area shall not exceed thirty (30) square feet. 3. The outdoor menu board lettering shall not be legible from any street. M. Chanqeable Messaqe Boards: A Pole Sign may contain a changeable message board which utilizes either electronic or changeable letters. The area of a changeable message board shall be included in calculating the total sign area. N. Illumination: A Pole Sign may be illuminated. ard. No. 2341 10 O. Material Requirements: The support structure for a pole sign shall be double pole and shall be constructed or covered with materials which match the masonry portion of the principle building on the site or shall be stone or brick. No single pole freestanding signs shall be allowed. 15. Monument Signs The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shall be classified as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with the following regulations which are established for the three (3) divisions: A. General Provisions Applicable to all Monument SiQns: 1. A permit shall be required for every Monument Sign. 2. Monument Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. 3. When a Monument Sign is situated within an island or a driveway location at the entryway of a development where a vehicular driving lane is located on one (1) or more sides of the Monument Sign, the Monument Sign shall be set back a distance of fifteen (15) feet from the right-of-way line or an extension of the right-of way line from the adjacent lots. The provisions of the Visibility Triangle contained elsewhere in these regulations shall apply when a Monument Sign is situated on one or both sides of an entryway of a development. 4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign. B. SinQle-family Residential Monument SiQns: 1. Number Allowed: Not more than two (2) matching Single-family Residential Monument Signs shall be allowed at each entrance of a single-family residential subdivision. 2. Maximum Area: A Single-family Residential Monument Sign shall not exceed fifty (50) square feet in area. 3. Maximum Height: A Single-family Residential Monument Sign shall not exceed four (4) feet in height. 4. Illumination: Single-family Residential Monument Signs may be illuminated. C. Multi-family Residential Monument SiQns: 1. Number Allowed: One (1) Multi-family Residential Monument Sign shall be allowed for each platted lot, tract or parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Multi- family Residential Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or fraction thereof. 2. Maximum Area: A Multi-family Residential Monument Sign shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage, and no Multi-family Residential Monument Sign shall exceed the maximum area of one hundred (100) square feet. Furthermore the total area of all Multi-family Residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage. 3. Maximum Height: A Multi-family Residential Monument Sign shall not exceed six (6) feet in height. 4. Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an ard. No. 2341 11 imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the property corner, provided that the Monument Signs do not encroach any required visibility triangle. 5. Spacing: A Multi-family Residential Monument Sign shall be a minimum of one hundred (100) feet from another Multi-family Residential Monument Sign situated on the same lot. 6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum spacing requirements as prescribed herein. 7. Illumination: Multi-family Residential Monument Signs may be illuminated. D. Non-residential Monument Siqns: 1. Number Allowed: One (1) non-residential Monument Sign shall be allowed for each platted lot, tract or parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or fraction thereof. 2. Maximum Area: A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage, and no non-residential Monument Sign shall exceed the maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage. 3. Maximum Height: A non-residential Monument Sign shall not exceed the maximum height of six (6) feet. 4. Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the property corner, provided that the Monument Signs do not encroach any required visibility triangle. 5. Spacing: A non-residential Monument Sign shall be a minimum of one hundred (100) feet from another non-residential Monument Sign, Pole Sign, or Major Development Sign situated on the same lot. 6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum spacing requirements as prescribed herein. 7. Pole and Monument Sign Interchangeablility: A non-residential Monument Sign may be used in lieu of a Pole Sign, provided that all spacing requirements are maintained. Nothing in these regulations shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of sign used. 8. Changeable Message Boards: A non-residential Monument Sign may contain a changeable message board which utilizes either electronic or changeable letters. The area of a message board shall be included in calculating the total sign area. 9. Illumination: A non-residential Monument Sign may be illuminated. ard. No. 2341 12 16. Signs for Automobile Dealerships One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty (150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the Pole or Monument Sign regulations. 17. Major Development Signs The purpose of a Major Development Sign is to identify the name of a large retail shopping center which contains one hundred thousand (100,000) square feet of floor area or more and to provide signage for tenants located in the retail shopping center. Major Development Signs shall be allowed only within the Freeway Overlay Zone and comply with the following additional regulations: A. Permit Required: A permit shall be required for every Major Development Sign. B. Permitted Districts: Major Development Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. General Criteria: One Major Development Sign shall be allowed when either of the following criteria are satisfied: 1. On a single platted lot which contains one (1) multi-occupancy building having one hundred thousand (100,000) square feet of floor area or more, or two (2) or more buildings, with a combined total of one hundred thousand (100,000) square feet of floor area, or more; or 2. When an attached multi-occupancy building has a combined total of one hundred thousand (100,000) square feet of floor area, or more, and is situated on two (2) or more platted lots. A Major Development Sign may advertise tenants located on any of these two (2) or more platted lots. D. Considered as Bonus Siqn: A Major Development Sign shall be considered a bonus sign and shall be allowed in addition to any other sign authorized in these regulations, provided that all spacing requirements are satisfied. E. Maximum Number Allowed: Nothing in these provisions shall be construed so as to allow more than one (1) Major Development Sign for each street frontage per eligible development. F. Spacinq: A Major Development Sign shall be a minimum of one hundred (100) feet from a Pole Sign or Monument Sign located on the same lot or on an adjacent lot of the same development. G. Maximum Area: The Major Development Sign shall not exceed the ratio of 0.005 square feet of sign area for each square foot of building floor area. No Major Development Sign shall exceed one thousand (1,000) square feet of sign area. H. Maximum Heiqht: A Major Development Sign shall not exceed the maximum height of fifty (50) sixty-five (65) feet, except when the Major Development Sign qualifiee: for 3ddition31 height in the Freeway Overlay ~. I. Vehicular Protection: Every Major Development Sign shall be located within a landscaped area or provided with vehicular protection using a curb, bollards or similar device unless there is: 1. A minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is over a pedestrian area, or, ard. No. 2341 13 2. A minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign is over a vehicular traffic area. J. Maximum Planter HeiQht: When a Major Development Sign is located at a driveway entrance, landscaping plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty (30) inches in height. K. ChanQeable MessaQe Boards: A Major Development Sign may contain a changeable message board which utilizes either electronic or changeable letters. The area of a changeable message board shall be included in calculating the total sign area. L. Illumination: A Major Development Sign may be illuminated. 18. Freeway Overlay Zone There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the right-of-way of I. H. Loop 820 and State Highway 121. A Pole Sign or Major Development Sign within the Freeway Overlay Zone shall comply with the following additional regulations: A. Maximum Pole Siqn HeiQht: A Pole Sign located within the Freeway Overlay Zone shall not exceed sixty-five (65) feet in height. B. Maximum Maior Development SiQn HeiQht: A Major Development Sign located within the Freeway Overlay Zone shall not exceed sixty-five (65) feet in height. C. Maximum Pole Siqn Area: The maximum size of a Pole Sign located within the Freeway Overlay Zone 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. 19. Subdivision Nameplate Signs The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision. Subdivision Nameplate Signs shall comply with the following additional regulations: A. Permit Required: A permit shall be required for every Subdivision Nameplate Sign. B. Permitted Districts: Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. Location: Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry screening wall. D. Number Allowed: Not more than two (2) matching Subdivision Nameplate Signs shall be allowed at each entrance of an "R" district subdivision, or a multi-family development. E. Maximum Area: A Subdivision Nameplate Sign shall not exceed fifty (50) square feet in area. F. Maximum HeiQht: A Subdivision Nameplate Sign shall not extend above the fence or wall. G. Illumination: Subdivision Nameplate Signs may be illuminated. ard. No. 2341 14 20. New Development Signs The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or a proposed new commercial development. New Development Signs shall comply with the following additional regulations: A. Permit Period: A permit shall be required for each New Development Sign. Permits for such signs shall be valid for a period of one (1) year, or to the completion of the project, whichever occurs first and must be removed prior to the expiration of the permit. The permit may be renewed each year upon payment of a new fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision or until the issuance of a Certificate of Occupancy by the Building Official. B. On-site: One (1) New Development Sign shall be allowed on-site of the residential subdivision or on the site of the commercial project. Additional on-site New Development Signs shall be allowed as follows: 1. One (1) additional New Development Sign shall be allowed on-site on a different street than the initial New Development Sign when a residential subdivision contains two street intersections which do not intersect on the same street. 2. One (1) additional New Development Sign shall be allowed on-site of a proposed new commercial project when the site contains two or more street frontages. C. Off-site: One (1) New Development Sign shall be allowed off-site which may be located in any Commercial, Industrial, or Office Zoning District, or on unplatted vacant property. D. Maximum Heiqht: A New Development Sign shall not exceed fifteen (15) feet in height. E. Maximum Area: A New Development Sign shall not exceed one-hundred (100) square feet in area. F. Illumination: A New Development Sign may be illuminated. 21. Traffic Directional Signs The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by identifying the vehicle entrance or exit. Traffic Directional Signs shall comply with the following additional regulations: A. A permit shall not be required for a Traffic Directional Sign. B. Traffic Directional Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a traffic hazard. D. A Traffic Directional Sign shall not exceed two (2) square feet in area. However, a Traffic Directional Sign located behind a building set-back line shall not exceed six (6) square feet in area. E. Traffic Directional Signs may pertain to either vehicular or pedestrian traffic. F. Traffic Directional Signs may include a company name and logo. G. A Traffic Directional Sign may be illuminated. ard. No. 2341 15 22. Building Signs Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projection Signs. 23. Wall Signs The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure. For the purpose of these regulations, a sign attached to a mansard roof which has a 1: 1 slope, or more, shall be regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning- like structure and does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is attached shall be regulated as a Wall Sign. Wall Signs shall comply with the following additional regulations: A. Permit Required: A permit shall be required for every Wall Sign. A separate permit shall be required for any awning. B. Permitted Districts: Wall Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs on each wall surface shall not exceed twenty-five (25) percent of the total wall area. For purposes of these regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a multi-occupancy structure. D. Multi-familv Developments: Wall Signs for multi-family developments are limited to one (1) Wall Sign for each street frontage and a maximum area of fifty (50) square feet. E. Maximum Projection: A Wall Sign shall not project more than eighteen (18") inches from the surface upon which it is attached. However, the upper edge of a Wall Sign mounted on a mansard roof may project more than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the apparent roof line of the building. F. No Projection Above Roof Line: Except for signs attached to a mansard roof, all Wall Signs shall be placed flat against the wall of a building and shall not project above the parapet wall, the apparent flat roof, eaves line of the building, or extend beyond the side wall of the building. G. Illumination: A Wall Sign may be illuminated. 24. Roof Signs The purpose of a Roof Sign is to provide advertising on the roof area of a structure. A Sign attached to a mansard roof which has less than a 1: 1 slope shall be regulated as a Roof Sign. Roof Signs shall comply with the following additional regulations: A. A permit shall be required for every Roof Sign. B. Roof Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. One (1) Roof Sign shall be allowed for each lot. However, no lot shall have a Roof Sign in combination with a Wall Sign, Canopy Sign or Projection Sign. D. A Roof Sign shall not project horizontally over the edge of the roof or eaves and the lower edge of a Roof Sign shall not exceed eighteen (18) inches above the apparent flat roof line. E. A Roof Sign shall not exceed fifty (50) square feet in area. ard. No. 2341 16 F. The height of a Roof Sign shall not exceed ten (10) feet above the apparent flat roof or eaves line. G. A Roof Sign may be illuminated. 25. Canopy Signs The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign. Canopy Signs shall comply with the following additional regulations: A. A permit shall be required for every Canopy Sign. A separate building permit shall be required for the construction of the canopy. B. Canopy Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted. C. A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy. D. A Canopy Sign shall not extend beyond the width or project above the top of the canopy. E. A Canopy Sign may be illuminated. F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy, nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular maneuvering area. G. When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be allowed and are exempt from any permit requirements. However, such signs shall not exceed four (4) square feet in area. 26. Projection Signs A Projection Sign is a sign in which the message area is perpendicular to the wall of the building. Projection Signs shall comply with the following additional regulations: A. A permit shall be required for every Projection Sign. B. Projection Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. One (1) Projection Sign shall be allowed for each single tenant building or for each tenant in a multi-occupancy structure. However, no tenant storefront shall have a Projection Sign in combination with a Wall Sign, Roof Sign, or Canopy Sign. D. A Projection Sign shall not exceed twenty-five (25) square feet. The plane of the message area shall not exceed eighteen (18) inches from the plane of the message area on the opposite side of the sign. E. Projection Signs shall not project over any property line or right-of-way line. F. A Projection Sign shall not project more than four (4) feet from any wall facing and shall not extend above the apparent roof line of the building. G. Every Projection Sign shall be a minimum of eight (8) feet above the grade over a walking area or fourteen (14) feet over a vehicular maneuvering area ard. No. 2341 17 H. A Projection Sign may be illuminated. 27. Temporary Signs Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs. 28. Portable Signs A. A permit shall be required for every Portable Sign. B. Portable Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of Occupancy has been previously issued by the Building Official. D. The Portable Sign structure must be removed from the premises upon expiration of the permit. Removal of the letters from the sign board does not constitute removal of the sign. E. A Portable Sign shall not be displayed for more than thirty (30) consecutive days. F. No more than three (3) portable sign permits per year shall be issued to a business. Consecutive permitting shall be prohibited. There shall be a forty-five (45) day period between permitting. A Portable Sign erected in conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph. G. A Portable Sign shall not exceed fifty (50) square feet in area. H. A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard. I. A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required loading zone. J. A Portable Sign shall not be placed in any location that blocks the view of any ground sign. K. A Portable Sign shall be a minimum of one hundred (100) feet from another Portable Sign situated on the same lot. L. A Portable Sign may advertise one or more businesses located on the same lot. M. A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which shall be the same information as shown on the Contractor Registration on file with the City. Any sign not containing current information shall be declared an illegal sign. N. Portable Siqns for Civic And Reliqious Orqanizations: Two Portable Signs advertising events of public schools,-private schools, non-profit civic organizations and religious organizations shall be allowed upon approval of a permit. Such permit shall be at no cost. 29. Real Estate Signs The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings considered as real property. Real Estate Signs shall be classified as either residential or non-residential. Every Real Estate Sign shall comply with the following additional regulations: ard. No. 2341 18 A. General Provisions Applicable to all Real Estate Siqns: 1. A permit shall not be required for a Real Estate Sign. 2. Real Estate Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. 3. Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the property advertised. B. Residential Real Estate Siqns: One (1) Residential Real Estate Sign shall be allowed for each street frontage in a residential zoning district, subject to the following regulations: 1. The Residential Real Estate Sign shall be placed on the property offered for sale or rental. 2. The primary area of the Residential Real Estate Sign shall not exceed six (6) square feet, exclusive of the pole. The Real Estate Sign shall have no more than six (6) "sign riders". 3. No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height. 4. A Residential Real Estate Sign shall be not be illuminated. 5. In addition to a Residential Real Estate Sign, one (1) "Open House" and one (1) "Model Home" sign shall be allowed on the property offered. The size and area shall not exceed that of a Residential Construction Trade Sign. 6. "Open House" signs and "Model Home" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising Signs contained in this Ordinanc. C. Non-residential Real Estate Siqns: One (1) Non-residential Real Estate Sign shall be allowed for each street frontage on any multi-family or nonresidential commercial property, and shall comply with the following additional regulations: 1. The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental. 2. A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area. 3. A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height. 4. A Non-residential Real Estate Sign shall not be illuminated. 5. A Non-residential Real Estate Sign shall be a minimum of twenty (20) feet behind any curb or edge of pavement. 6. In addition to a Non-residential Real Estate Sign, one (1) "Open House" sign shall be allowed on the property offered. The size and area shall not exceed that of a Non-residential Real Estate Sign. 7. "Open House" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising Signs contained in this Ordinance. 30. Garage Sale Signs A. A permit shall not be required for any Garage Sale Sign. ard. No. 2341 19 B. Garage Sale Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs when in conjunction with an approved garage sale permit. C. Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in conjunction with an approved garage sale permit at a place of residence. D. Garage Sale Signs shall be located on private property only. Garage Sale Signs shall not be allowed on any public property, right-of-way, or utility, light, traffic signal or sign pole. E. Garage Sale Signs shall not exceed six (6) square feet in area. F. Garage Sale Signs shall not exceed three (3) feet in height. G. Garage Sale 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. H. Garage Sale Signs shall not be illuminated. 31. Political Signs The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue being considered for public referendum. Political Signs shall comply with the following additional regulations: A. No permit shall be required for any Political Sign. B. Political Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. Political signs shall not be located on any utility, light, traffic signal or sign pole. D. Political signs shall be allowed 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. E. AG and "R" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not exceed three (3) feet above grade in the AG and all"R" zoning districts. F. All Other Districts Political Signs shall not exceed fifty (50) square feet in area and the height shall not exceed six (6) feet above grade in all zoning districts except in the AG and all uR" districts. G. Political Signs shall not be located so as to cause a safety or traffic hazard. H. A Political Sign shall not be illuminated. 32. Banner Signs The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages. Banner Signs shall comply with the following additional regulations: A. A permit shall not be required for a Banner Sign. B. Banner Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi- occupancy structure. ard. No. 2341 20 D. A Banner Sign shall not exceed fifty (50) square feet in area. E. Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or eaves line. F. Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind loads in accordance with the Uniform Building Code. G. A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days. H. In conjunction with the Grand Opening Signage provisions of this Ordinance, one additional oversized banner shall be allowed on the front or side of a building structure for each street frontage of a business holding a Certificate of Occupancy. The maximum size of the additional banner(s) shall not exceed twenty-five (25) percent of the wall area on which the banner is attached and may be displayed for a period of thirty (30) days. I. Developments with a parking lot containing more than sixty-five thousand (65,000) square feet may erect color coded banners for the purpose of aiding patrons in locating their parked vehicles. Such banners shall be located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty- five thousand (65,000) square feet of parking area. Such banners shall be entitled to have a logo or symbol identifying the establishment. The total size of each such color coded banner shall not exceed thirty-six (36) square feet and the banner shall not be less than three (3) feet in width nor more than twelve (12) feet in length or greater than twenty (20) percent of the surface height of the pole to which it is to be attached. 33. Construction Trade Signs The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction companies working at a construction site. For purposes of these regulations, a sign which advertises the financial lending institution shall be considered a Construction Trade Sign. Construction Trade Signs shall be regulated as either Residential Construction Trade Signs or Non-residential Construction Trade Signs. A. No permit shall be required for any Construction Trade Sign. B. Construction Trade Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. C. Residential Construction Trade Signs shall comply with the following: 1. Residential Construction Trade Signs shall only be allowed in residential zoning districts. 2. Residential Construction Trade Signs shall not exceed six (6) square feet in area. 3. Residential Construction Trade Signs shall not exceed three (3) feet in overall height. 4. The signs shall be placed on the property where building activity is taking place. 5. A Residential Construction Trade Sign shall not be illuminated. 6. The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy. D. Non-residential Construction Trade Signs shall comply with the following: 1. Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts. 2. Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area. 3. Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height. 4. The signs shall be placed on the property where building activity is taking place. 5. A Non-residential Construction Trade Sign shall not be illuminated. 6. The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy. ard. No. 2341 21 34. Flags Flags shall comply with the following additional regulations: A. A permit shall not be required for any Flag. A permit shall be required for a flag pole which exceeds twenty (20) feet in height above the ground. B. United States and State Flags shall be allowed in all zoning districts. C. Company logo flags shall be allowed in all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, and R-8 districts. D. Company logo flags shall not exceed one hundred (100) square feet in area, and if flown in conjunction with United States and Texas Flags, shall not exceed area of United States and Texas flags. E. Maximum Height A flag shall not be flown at a height which exceeds the following: 1. Twenty (20) feet in the R-7-MF zoning district. 2. Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, and R-8 zoning districts. 35. Weekend Advertising Sign The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential properties in North Richland Hills. A. Registration A builder, developer, or Realtor must be registered with the City of North Richland Hills to be eligible to participate as a weekend advertiser. The annual fee shall be paid and/or renewed during the month of January each year. B. Schedule Signs shall be allowed between 12:00 p.m. Friday and 12:00 p.m. Monday. A holiday falling on Friday or Monday will be considered as part of the weekend. C. Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three (3) feet above grade. D. Spacing of Signs Signs for one advertiser shall be at least two hundred (200) feet apart. E. Sign Location Individual sign locations shall adhere to the following criteria. 1. It shall be the responsibility of the builder, owner, or Realtor 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. 2. Signs may be placed in street 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 shall not encroach either the sidewalk or the street. 3. No sign shall be placed in a visibility sight triangle as defined in this Ordinance. 4. Signs shall not be located within a street median. F. Sign Construction and Criteria Signs shall be rigid, two dimensional displays that advertise residential property, "For Sale, Lease or Open House", guiding the public to a specific location in North Richland Hills. ard. No. 2341 22 36. Grand Opening Signage The purpose of Grand Opening Signage is intended to allow a new business, or a business which has substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, R-7-MF, R-8, and the U Districts. The following regulations contained within this subsection apply to Grand Opening Signage. A. Upon the issuance of a Certificate of Occupancy and within a 180 calendar day period thereafter, a business shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection when one of the following conditions applies: 1. When the Certificate of Occupancy has been issued to a new business, which may not be of the same business classification type listed in Section 310, Table of Land Uses, Zoning Ordinance of the City of North Richland Hills, which existed previously for the same address location, unless the prior business has been closed for a thirty (30) day period, or longer, or 2. When a Certificate of Occupancy has been issued to an existing business, which has remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll. B. Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period of thirty (30) consecutive calendar days. The Grand Opening Signage permit is limited to the address noted on the Certificate of Occupancy and shall comply with the following requirements: 1. Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs & balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the provisions of this Ordinance. 2. A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section 36.C. 3. Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section 32. 4. Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section 36.E. 5. Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions of Section 36.0. 6. One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of Section 28. 7. Grand Opening signage shall be contained within the limits of the property of the legal business on which a Certificate of Occupancy has been issued and shall not extend into the City right-of-way. Signage shall not be located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated signs or electrical fixtures. 8. No permit fee shall be required for a Grand Opening Signage Permit. C. Searchliqhts: Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision contained in these regulations. A searchlight may be used provided the following regulations are satisfied: ard. No. 2341 23 1. Any searchlight shall be located on private property of the premises and not on any public right-of-way. The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of thirty (30) degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises shall not exceed a total of one thousand six hundred (1600) million foot candlepower. No more than four (4) beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the traveled ways or adjoining property. No light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle. 4. No searchlight may be operated between the hours of 11 :00 p.m. and 7:00 a.m. D. Inflatable Siqns and Balloons: Inflatable Signs and Balloons, including lighter-than-air balloons connected with a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in these regulations. Inflatable Signs and Balloons may be used provided the following regulations are satisfied: 1. Not more than one Inflatable Sign or Balloon shall be allowed on any premises. 2. Inflatable Signs and Balloons when placed on a building may not exceed twenty-five (25) feet in height above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering. 3. Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five (25) feet in height above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering. 4. Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum distance equal to the height of the balloon. 5. Inflatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire. 6. Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner to withstand wind loads. E. Pennants: Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions contained in these regulations. Pennants may be used provided the following regulations are satisfied: 1. All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire lane. 2. All Pennants shall maintain five (5) feet of clearance from any overhead electrical wire. 3. All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind loads. 4. Pennants shall not be attached to any utility or traffic control device pole located within a right-of-way or project into a street right-of-way. 37. Sign Review Board A. Creation: There is hereby created a Sign Review Board. For the purpose of this Ordinance the North Richland Hills City Council shall serve as the Sign Review Board. B. Meetinqs and Quorum: Four members of the Board shall constitute a quorum for the conduct of business. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the ard. No. 2341 24 absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years. C. Jurisdiction: The Sign Review Board shall have the right to inspect premises where required in the discharge of their responsibilities under this ordinance. The Sign Review Board, in specific cases, may authorize or order the following: 1. Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters. 2. Permits for Nonconformities: To authorize a building permit for the reconstruction, extension, or enlargement of a non-conforming sign. 3. Discontinuance of nonconformities: To require discontinuance of non-conforming sign under the authority provided in the Texas Local Government Code. 4. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest and where, because of special conditions, the enforcement of the Ordinance would result in an unnecessary hardship. D. Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or Board of the City affected by a decision of the City Enforcement Officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all papers constituting the record upon which the action being appealed was taken. E. Application: Before any request for an interpretation or a variance from this Ordinance will be heard by the Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such application shall included, but is not limited to, the following: 1. the name, address, and phone numbers of the property; 2. the name, address, and phone numbers of the owner's agent, if applicable; 3. the legal description of the property; 4. a brief description of the variance sought; 5. the required number of copies of a current boundary survey, plat, or plot plan of the property. The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance. F. Fees: Every application for a variance shall be accompanied by a filing fee as follows: Residential $100.00 and Non-residential $175.00. G. Stay of Proceedinqs: An appeal shall stay all proceedings of the action appealed from unless the City Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board that a stay would, in the opinion of the City Enforcement Officer, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record. H. Form of Appeal or Application: An appeal or application shall be in such form and contain such information as the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion. ard. No. 2341 25 I. Notice of Hearinq: Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within two hundred feet of any property on which the variance is requested. The notice of hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the Sign Review Board. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the Sign Review Board. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered. J. Hearinq: 1. Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the City Enforcement Officer or to the Board in public meeting. 2. Any appeal or application may be withdrawn upon written notice to the City Enforcement Officer. 3. The Board shall make its decision on any application within forty-five days from the time the initial hearing is held or the application will be deemed to have been denied. K. Decision and Votinq: 1. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The Board may act only in matters as specifically authorized by theses regulations and these regulations shall be construed as limitations on the power of the Board to act. 2. Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced. 3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the City Enforcement Officer; to approve any variance that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or lot. 4. A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. 5. A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing. 6. The decision of the Board shall be final. L. Approval of Request: 1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted. 2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with. 3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty days after the Board's decision unless a greater time is requested in the application and is ard. No. 2341 26 authorized by the Board. Any approval may be granted one emergency extension of sixty days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal. M. Denial of Request: No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: 1. That new plans materially change the nature of the request, or 2. The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions. II. Repealer Provision That, upon approval, this ordinance superscedes and takes prescedance over any other sign regulation of the City of North Richland Hills, Texas. III. Violations A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith. B. Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcement Officer or his deputy. Either notice shall be effective. C. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare. D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the City Enforcement Officer shall govern. IV. Penalty Clause Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense. Each day such violation continues to exist shall constitute a separate offense. V. Severability Clause That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. ard. No. 2341 27 VI. Effective Date This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 28tr.1::ZPT yor Charles Scoma City of North ichland Hills, Texas ATTEST: t!!?d/JtI&~ ~ City Secretary City of North Richland Hills, Texas APPROVED A~S roo CONTENT: Q~ ß~ Department 'Jea APPROVED AS TO FORM AND LEG ard. No. 2341 Y: 28 BER. 1998. Star~elegram FED. 1.0. NO. 22-3148254 AD ORDER NO. 13894880 400 W. SEVENTH STREET. FORT WORTH. TEXAS 76102 ACCOUNT NO. C I T 13 THE STATE OF TEXAS Caunty af Tarrant Befare me, a Natary Public in and fqr s.aid County and State, this day Tammie Bryant persanally appeared Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Warth, in Tarrant County, Texas; and wha, after being duly sworn, did depose and say that the fallowing clipping of an advertisement was published in the above named paper on the following dates: r DATE AD ORDER NO. ,.""---.---".,,.,,-- " AD SIZE TOTÄL INCH/LINE RATE AMOUNT 10/14ME 13894880 ORDINANCE NO. 23 I358 /14 2x 38L 76 QUOTE 27.36 ORDINANCE . aMI An ()rdillance till c~ Qf North Rh1hIarni TItII8s, establishing . . ns for. ~1:~a~lati~gcluding '¡rtb~gä signs, pole signs a~d vehicle advertising; providing for_ certain exemp~íons; prohibit- ing certain type signs; requir. ~ai;g ~~~1'~~~~J p~o~~~rJlfg; ~~?~~aCr~~:e~~tration;. ~~~ tion' and enfOfCt!' s ~:~~v'!kw a· !W.. S frOrn ~ . i Of la v' _~'~W"'··'~~'_··"·~"~"'_'·_'·"_""·""__"_o,~".· _. ,; pro- &liC . and an-effedlve PU~D AND APPRoVED by ~5r~t~ß~~a",;'~l c¡urs~ ç¡.i~~~i \hé~g8th day of September, c: ATTEST: . . ... /s/Patricia Hutson. . City Secretary APPROVED: /s/Charles Scom'), Mayor APPROVED AS TO FOt<M AND LEGALITY: . /s;Rex McEntire, ~J!y.M!.or.t1_ey SWORN TO BEFORE ME, THIS THE _-'....(Ç"\\\ ~~.....~"'t.~-_~, --~"''''l'''\ k'V" ···~~~I RHONOA R. GOKE' ~:i. t} COMMISStOH EXPIRES $ Ilïif;.t'·······~1$ SEPTEMBER 8. 1999 $ \\\\.,~,t...~- ~ ~~,~~,~""~ SJG~~ 15th OCTOBER 1998 DAY OF , ..0. Notary Public iJ~L {). ~ TARRANT COUNTY, TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ~ TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-......