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0350 ORDINANCE NO. 3JC~ AN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR DEFINITION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SIGN CLASSIFICATION; PROVIDING FOR PERMITS, FEES, AND INSPECTION; PROVIDING FOR ZONING DISTRICTS WHERE PERMITTED; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. PURPOSE OF SIGN ORDINANCE DEFINITIONS A. PURPOSE Signs use private land and the sight lines created by the public rights-of-way to inform and persuade the general public by publishing a message. This Ordinance provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and, in part, to achieve the following: (a) Safety. To promote the safety of persons and property by providing that signs: (1) Do not create a hazard due to collapse, fire, collision, decay, or abandonment; Sign Ord., Page One f r ' (2) Do not obstruct fire fighting or police surveillance; and (3) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. (b) Communications efficiency. To promote the efficient transfer of information in sign messages by providing that: (1) Businesses and services may identify themselves; (2) Customers and other persons may locate a business or service; (3) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes; and (4) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. (c) Landscape quality and reservation. To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (1) Do not interfere with scenic views; (2) Do not create a nuisance to persons using the public rights-of-way; (3) Do not constitute a nuisance to occupancy of adjacent and contiguous property by their Sign Ord., Page Two f r ' x _ brightness, size, height, or movement; (4) Are not detrimental to land or property values; and (5) Contribute to the special character of particular areas or districts within the city, helping the obsever to understand the City and orient oneself within it. B. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: ACTIVITY means any person, business, organization or other entity. AWNING means a roof-like structure which is not an integral structural part of and is accessory to the building which it serves. BUILDING means a structure which has a roof supported by walls for the shelter, suport, or enclosure of persons, animals, or chattel. CANOPY means a projecting roof-like covering which is a permanent and integral part of the building's structure. CHARACTER means any letter of the alphabet or any numeral. CITY means the City of Southlake, Texas. COMMISSION means the City Plan Commission of the City of Southlake. EFFECTIVE AREA, for detached signs, means the area enclosed by the minimum imaginary rectangle of vertical and horizontal Sign Ord., Page Three lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are movable or flexible, as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. The effective area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. This definition shall also apply to signs which are composed solely of words which identify a premise and which are attached to free-standing walls not over six(6) feet in height. EXPRESSWAY means any public right-of-way designated as an expressway or freeway by the ordinances or resolution of the City of Southlake as amended. FACADE means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. HEIGHT as applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane Sign Ord., Page Four going through the nearest point of the vehicular traffic surface of the adjacent improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. INTERESECTION means the junctions of the centerlines of any two public right-of-ways, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge,or thepoint at which any expressway interchange ramp intersects the expressway travel pavement. LUMINANCE means the brightness of a sign or a portion thereof expressed in terms of footlamberts. For the purposes of this Ordinance, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a footlambert scale. MAJOR THOROUGHFARE means any public right-of-way designated as a major thoroughfare by the City of Southlake by ordinance or resolution. OCCUPANCY is the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. PUBLIC ENTRANCE means an entrance to an activity normally used by the public consisting of any number of doors or other openings in a single facade of a building. Sign Ord., Page Five SETBACK means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way. SIGN means any device, flag, light, figure, picture, letter, word, message, symbol, plaque, or poster visible from outside the site on which it is located and designed to inform or attract the attention of persons not on that premise, excluding those lights and landscape features which display no words or symbols, works of art which display no words or additional symbols, and temporary holiday decorations. SIGN, ATTACHED means any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. SIGN BAND means an architectural element expressly designed to accommodate attached signs on a building. SIGN, DIRECTIONAL means an off-premise sign the content of which is limited exclusively to the identification of a specific site, activity, or occupancy located elsewhere, and which tells the location of or route to that site, activity, or occupancy. SIGN, FREESTANDING means any sign connected to the ground by legs, poles or other supports and which is not an attached, portable, movement or vehicle sign. Sign Ord., Page Six. SIGN, ILLUMINATED means any sign which is directly lighted by an electrical light source, internal or external. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself. SIGNS, MOVEMENT means any sign which is connected to the ground and which has no clear space between the bottom of the sign and the surface of the ground as in a freestanding sign which is connected to the ground by legs, poles or other supports and has clear space between the bottom of the sign and the ground. SIGN, MOVEMENT CONTROL means a sign which directs vehicular or pedestrian movement within or onto the premise on which the movement control sign is located. SIGN, OFF-PREMISE means any sign which is not an on-premise sign, and further means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. SIGN, ON-PREMISE means any sign the content of which relates to the site on which it is located, referring exclusively to the name, location, products, persons, accommodations, services, or activities of or on those sites, or the sale, lease, or Sign Ord., Page Seven construction of those sites. SIGN, POLITICAL means any type of non-premise sign which refers only to the issues or candidates involved in a political election. SIGN, PORTABLE means a sign which is easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes and which are not fixed permanently to the ground, and which is not an attached sign, political sign, vehicular sign, or a sign which refers solely to the sale or lease of the premises. SIGN, PROTECTIVE means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including but not limited to "Bad Dog", "No Trespassing", and "No Solicitors". SIGN, SPECIAL PURPOSE means a sign temporarily supplementing the permanent signs on a premise. SIGN SUPPORT means any pole, post, strut, cable, or other structural fixture or framework necessary to hold or secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol, or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. SIGN, VEHICULAR means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. Sign Ord., Page Eight SITE means a building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way as established under Section II (N) of this ordinance. WIND DEVICE means any flag, banner, pennant, streamer, or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached, by the same rules as other signs. WORD For the purpose of this chapter, one word shall be deemed to be any of the following: (a) Any word in any language found in any standard unabridged dictionary or dictionary of slang. (b) Any proper noun or any initial. (c) Any separate symbol or abbreviation, such as and "Inc". (d) Any telephone number, street number, or, commonly used, combination of numerals and/or symbols as "$5.00" or "50%." (e) Any symbol or logo which is a registered trademark, but which itself contains no word or character. (f) Otherwise, each separate character is considered to be a word. ZONING DISTRICT, BUSINESS means any zoning district designated by the Comprehensive Zoning Ordinance of the City of Sign Ord., Page Nine Southlake, Texas, as amended, as PUD, CS, 01, 02, Rl, R2, I1, and 12. Any PUD district is also included in this list where the district's base zoning is one of the above. ZONING DISTRICT, NON-BUSINESS means any zoning district not designated as a business district in accordance with the above definition. Any PUD district may be a specifically designated a business district for the purpose of this chapter. Any multi- family use occurring within any of the above districts shall be subject to the provisions of Section IV. SECTION II. GENERAL REGULATIONS A. Application of Subsections B through G. (a) The provisions of Subsections B through G of this Section II shall apply to all signs in the city without regard to zoning. (b) All signs erected or maintained pursuant to the provisions of this Section shall be erected and maintained in compliance with all applicable state laws and with the building code, electrical code, and other applicable ordinances of the Sign Ord., Page Ten City. In the event of conflict between this chapter and other laws, the most restrictive standard applies. B. Imitation of traffic and emergency signs prohibited. No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights which imitate standard public traffic regulatory, emergency signs, or signals. C. Roof signs prohibited. No sign shall be located on or project over the roof of a building. D. Signs in rights-of-way prohibited. No sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this chapter; nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances. E. Signs on public property. No person shall attach any sign, paper or other material or paint, stencil or write any name, number or otherwise mark on any sidewalk, curb, gutter, street, tree, utility pole, public building, public fence, or public structure. This section shall not prohibit the posting of governmental signs or the painting or Sign Ord., Page Eleven attachment of street address numbers to curbs. F. Advertising by balloon prohibited. Advertisement by means of a balloon or other floating devise anchored to the ground, a building or other structure is prohibited. G. Portable signs and Off-Premise Signs, other than directional signs prohibited, except as noted below. (1.) Portable signs, as that term is defined in Section I (B) are prohibited, provided, however, that upon a special sign permit being granted by a majority vote of the City Council a portable sign may be displayed on premises for a maximum of one 7-day period no more often than every ninety (90) days, provided that such display is for non-profit organizational use. (2.) Signs, other than political signs, which advertise for products, goods, services or other items not offered on the same premises upon which the sign is located are prohibited. H. Special purpose signs. (a) Special purpose political signs may be erected on any private property without limit as to number; provided, that such signs comply with other applicable requirements of this Ordinance and provided further that the owner or occupant of the property on which such signs is displayed: (1) shall not erect or cause to be erected Sign Ord., Page Twelve special purpose political signs until 45 days prior to any primary or general election; (2) shall remove the signs within 72 hours after the general or runoff election to which a sign pertains or after the termination of a candidacy, whichever occurs first. (b) Flags, emblems and insignia of a governmental entity; emblems and insignia of any state or local govermental body; legal public demonstrations which do not contain advertising and are not used as such are allowed. (c) Special purpose, temporary construction signs denoting the architect, engineer, contractor, sub-contractor, or financier, and temporary signs denoting the future location of a particular business, retail center, or institution subject to one (1) such construction sign and one (1) such future location sign per street adjacent to the construction site or future location site. No such sign shall exceed thirty-two (32) square feet in area nor extend higher than fourteen (14) feet as measured from ground level, provided that such signs are located on the premises where construction or location being advertised is or will be occurring. Said signs shall be removed upon issuance of an occupancy permit. (d) Special purpose freestanding signs for the purpose of identifying the location of or direction to subdivision or major home builder sites are allowed. Such signs shall be on-premise and shall not exceed sixteen (16) square feet in area nor extend higher than twelve (12) feet in height. A home builder with Sign Or., Page Thirteen fifteen (15) lots or more qualifies as a major home builders. One (1) such sign may be allowed for subdivision, major home builders, sites or developments of thirty (30) acres, or less. One (1) additional sign shall be allowed for each additional thirty (30) acres. Permits for such signs may be granted for a maximum period of six-months, with such signs being removed upon 90% completion of the project. No such sign shall be located closer than fifty (50) feet to a residential dwelling not within the subdivision. (e) Banners, flags, or pennants promoting the opening of a single-family subdivision, shall have a maximum single use period of fourteen (14) days, with a minimum period between permits of ninety (90) days and a maximum number of three permits per year for given any subdivision or complex. (f) Banners, flags, or pennants promoting a merchandise program or opening of a retail or commercial establishment or center shall have a maximum single use period of fourteen (14) days with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given establishment or center. (g) Signs may be painted on the external or internal surface of the window of an establishment in commercial or retail districts with water durable paint on external surfaces advertising services; products or sales available within said establishment or which announce opening of said establishment. In no event may signs be located on the window surface internally or externally in any manner to obscure more than fifty percent Sign Ord., Page Fourteen (50%) of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the fifty percent (50%) visibility shall be maintained for the total window area on said street or sidewalk. I. Movement control signs. Movement control signs may be erected at any activity or on any site, other than a single-family premise, may be attached or freestanding, and may be erected without limit as to number, provided that such signs shall comply with other applicable requirements of this chapter, and: (1) Freestanding movement control signs shall not exceed six (6) square feet in effective area and shall not exceed three (3) feet in height. (2) If a movement control sign is an attached sign, the letters shall not exceed four (4) inches in height and the effective area shall not exceed six (6) feet. (3) Each sign must convey a message which directs vehicular or pedestrian movement within or onto the site on which the sign is located. (4) The signs must contain no advertising or identification message. J. Protective signs. (a) The occupant of a premise may erect protective signs, in accordance with the following provisions: (1) Each sign shall not exceed 100 square inches in effective area; (2) Freestanding signs shall not exceed two (2) feet Sign Ord., Page Fifteen z in height; (3) Letters shall not exceed four (4) inches in height. K. Sale or lease signs. (a) Any business or non-business site may erect on-premise attached or freestanding signs for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions; (1) Signs advertising the sale or lease of non- business property shall not exceed eight (8) square feet in area nor five (5) feet in height. (2) Signs advertising the sale or lease of a business property shall not exceed sixteen (16) square feet in area or eight (8) feet in height. L. Vehicular Signs. (a) Vehicular signs shall conform to all the regulations for freestanding signs if: (1) The vehicular sign is so placed as to constitute a "sign" as defined in Section I. and (2) The vehicle upon which the sign is located is parked on other than a temporary basis. (b) The owner of the vehicle upon which a vehicular sign is placed is responsible for ensuring that the provisions of this section are adhered to and commits an offense if any vehicular sign on his vehicle violates this section. If such vehicle is found unattended or unoccupied, the registered owner of the vehicle shall be presumed to be the actual owner. The records of Sign Ord., Page Sixteen the State Highway Department or the County Highway License Department showing the name of the registered owner of such vehicle shall constitute prima facie evidence of actual ownership by the named individual. M. Government Signs. Nothing in this chapter shall be construed to prevent or affect the display of a national or state flag, or to limit flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of governmental agencies. N. Creation of Site. The Building official shall not issue a permit for construction, erection, placement or maintenance of a sign until a site is established for the sign. SECTION III. SIGNS IN BUSINESS ZONING DISTRICTS A. Provisions for business zoning districts. (a) The provisions of Subsection B through D apply to all signs in business zoning districts unless the sign is within 25 feet of either a non-business zoning district boundary or a public park of more than one acre. (b) Signs within 25 feet of either a non-business zoning district boundary or a public park of more than one acre shall be governed by the provisions of Subsections B through D of Section IV of this ordinance. B. General provisions applicable to signs in business zoning districts. (a) No illuminated sign shall have a luminance greater than Sign Ord., Page Seventeen 200 footlamberts, nor shall any such sign have a luminance greater than 200 footlamberts for any portion of the sign within a circle of two (2) feet in diameter. The restrictions of luminance in this section shall be determined from any other premise or from any public right-of-way other than an alley. (b) No sign shall flash, change its brightness, rotate, move or create an illusion of movement except that: (1) Time and temperature or informational signs which are oriented to be read from public ways may be allowed provided that no change of message occurs more often that one each 3 seconds or less often than once each 5 seconds, and provided that any such sign may only be erected after approval of the location of such sign by the City Council. Any time and temperature or informational sign approved by the City Council shall not devote more than 30% of its time per hour to commercial advertising messages. (2) Reader boards which are oriented to be read exclusively within the site and which are not imminently visible from a public way are allowed. C. Freestanding signs. Freestanding signs are permitted in business zoning districts as follows: (a) Number of freestanding signs per site (1) Freestanding signs may only be on-premise signs (2) Only one freestanding sign of any type may be Sign Ord., Page Eighteen erected on any site, except that: (i) A site which has frontage on more than one street or roadway may have one sign per such frontage, but no more than one sign may be adjacent to or face each such frontage. (ii) In no case shall a site possess more than two freestanding signs, except as provided for in Subsections H, I, K or L of Section II of this ordinance. (iii)Fast food and drive-through restaurants may have additional signs not exceeding 8 feet in height nor 35 square feet in area, if located no further than 15 feet from the building housing that activity. (iv) Signs not exceeding sixteen (16) square feet in area and six (6) feet in height are allowed for an activity providing engine fuel sales which advertise prices of fuel on premises and signs indicating full- or self- service or fuel type not exceeding six (6) square feet in area are allowed. No activity shall have more than one (1) such fuel price sign per street front. In no case shall any such sign, including full- and self-service signs, be freestanding except that where an awning support exists, such sign may be attached to the awning support. Sign Ord., Page Nineteen (b) Setback (1) Freestanding signs of an effective area of 50 square feet or less may be located as near as ten (10) feet to the public right-of-way or at the building line if this requires a lesser setback, provided that said sign does not exceed 20 feet in height and does not occupy the space between two (2) feet and twelve (12) feet above grade within 15 feet of the public right-of-way except for supports, which may not exceed a total cross- sectional area of two (2) square feet. (2) A freestanding sign of an effective area of 100 square feet or less may be located as near as 15 feet to the right-of-way, provided that said sign does not exceed 20 feet in height and does not occupy the space between two (2) and twelve (12) feet above grade within 15 feet of the public right-of-way except for supports, which may not exceed a total cross-sectional area of two (2) square feet. (3) No part of a freestanding sign shall be closer than 100 feet, measured radially, to another freestanding sign or monument sign. (c) Size and height (1) No freestanding sign shall exceed 100 square feet in effective area or 20 feet in height except as herein provided. Sign Ord., Page Twenty (2) Freestanding signs may incorporate embellishments or cut-outs provided that they shall not exceed 20% of the area of the sign face and that they shall not extend beyond the sign face a distance exceeding 12 inches as measured horizontally. (3) Any freestanding sign located in such a manner as to allow or is likely to allow the passage of vehicular traffic beneath and shall have a mimimum distance of 14 feet as measured from the bottom of the sign to the ground immediately below. (d) Off-premise signs (1) Off-premise signs, as defined in Section I(b) of this ordinance, are prohibited. D. Attached signs. Attached signs are permitted in business districts in accordance with the following provisions: (a) Number of attached signs (1) One attached sign may be allowed for each activity contained in a building only when that activity individually possesses a public entrance on the exterior of the building which fronts and is immediately accessible to and from a public street or a street, walkway or driveway used by the public. (2) Where a building houses a single activity, a total of two (2) attached signs shall be allowed when such building fronts on two or more streets, Sign Ord., Page-Twenty One provided that no more than one attached sign shall be allowed on any facade of the building. (3) Where a building houses more than one activity, one attached sign shall be permitted per public entrance, provided that no more than one attached sign shall be used per portion of the building facade occupied by the activity. (4) Non-illuminated street address numbers may be used in addition to other attached signs. Where used, such signs shall be placed immediately above or adjacent to a public entrance, shall be attached to a wall surface, and shall not exceed ten (10) square feet in effective area of single tenant buildings nor six (6) square feet for multiple tenant buildings. Additionally, words consisting of characters less than four (4) inches in height may be used without limit. See Section II for other exceptions. (b) Type and size (1) Architectural elements to which signage may be attached shall be limited to building wall surfaces, canopy facia or sign bands. Each activity shall attach signage to no more than one type of architectural element (e.g-if signage is attached to canopy facia, additional signage shall Sign Ord., Page Twenty-Two not be attached to building wall surfaces). (2) Where the width of the architectural element to which the sign is attached is greater than four (4) feet as measured from top to bottom, sign size shall not exceed 30% of the "signable area" or 100 square feet whichever is less. (3) Where the width of the architectural element is less than four (4) feet as measured from top to bottom, the following shall apply: (i) Word size shall not exceed 20 inches in height; (ii) Where a building houses a single activity, the length of the sign shall not exceed 75%) of the length of the architectural element to which it is attached, provided, however that in no event shall the maximum square footage of said sign exceed one hundred (100) square feet in area. (iii)Where a building houses multiple activities, the length of all signs shall not exceed 75% of the length of the facade occupied by the activity, provided however, that in no event shall the maximum area square footage of each sign exceed more than one hundred (100) square feet. Sign Ord., Page Twenty-Three (c) Location and height. (1) Where an activity is located in a one-story building, an attached sign shall be placed no higher than the roof line of the architectural element to which it is affixed. (2) Where an activity is located on the first floor of a multi-story building, an attached sign shall be placed no higher than the floor level of the second story. (3) Where an activity is located on the second floor of a multi-story building, an attached sign shall be placed no higher than the floor of the third floor or, in the case of a two-story building, the roof line of the building. In no case shall attached sign height exceed the height of the floor of the third floor of a building. (4) Where signage is attached to canopy facia, such signage shall not protrude above or below the canopy facia. (5) No attached sign shall project a distance greater than 18 inches from the architectural element to which it is affixed. (6) Where an attached sign is placed in such a manner as to project a distance greater than two inches into a private driveway or other private area likely to be used by vehicular traffic or where such sign is placed in such manner as to allow the Sign Ord., Page Twenty-Four passage of vehicular traffic beneath it, such sign shall have a minimum distance of 14' as measured from the bottom of the sign to the ground immediately below. (7) Where an attached sign is placed in such a manner as to project a distance greater than two inches into a pedestrian walkway or other area likely to be used by pedestrian traffic of where such sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, such sign shall have a minimum distance of eight (8) feet as measured from the bottom of the sign to the ground immediately below. (8) Signs consisting of cut-out, painted, embroidered, embossed, decaled or appliqued logos, symbols and letters may be displayed on awning surfaces provided that such signs shall be contained entirely within a single awning and shall be parallel as viewed horizontally with the surface to which it is attached. (i) Awning signs may be used in conjunction with other attached signage provided thatnot more than one (1) sign is usedper awning and that such sign shall not exceed six (6) square feet in area. (ii) Where awning signs are used in lieu of other attached signage, a maximum of three (3) Sign Ord., Page Twenty-Five signs may be used provided that: Only one (1) sign shall be visible from a 90 degree angle in relation to the surface on which the sign is attached and, the area of all signage does not exceed 20 square feet. E. Monument Signs. Monument signs are permitted in business zoning districts as follows: (a) Number of Monument signs per site (1) Monument signs may only be on-premise signs. (2) Only one monument sign of any type may be erected on any site, except that: (i) a site which has frontage on more than one street or roadway may have one sign per such frontage, but no more than one sign may be adjacent to or face each such frontage. (ii) In no case shall a site possess more than two monument signs, except as provided for in Subsections H, I, K or L of Section II of this ordinance. (iii) Fast food and drive-through restaurants may have additional monument signs not exceeding 8 feet in height nor 35 square feet in area, if located no further than 15 feet from the building housing that activity. (b) Setback and surface area. (1) Monument signs shall be no larger than fifty (50) square feet in surface area of a side and shall be Sign Ord., Page Twenty-Six located no closer than 10 feet to the public right-of-way or at the building line if this requires a lesser setback. (2) No part of a monument sign shall be closer than 100 feet, measured radically to another monument or freestanding sign. SECTION IV SIGNS IN NON-BUSINESS ZONING DISTRICTS A. Provisions for non-business zoning districts. The provisions of Subsections B through D of this Section apply to all signs in any non-business district, within 25 feet of a non-business district boundary or within 25 feet of a public park of more than one acre. B. General provisions applicable to signs in non-business zoning districts. (a) No portion of an illuminated sign shall have a luminance greater than 200 footlamberts. (b) No sign nor part of any sign in a non-business zoning district shall move, flash, rotate or change its illumination more than once an hour. (c) An occupant in non-business zoning district may erect only special purpose signs and special purpose political signs, and premise signs, which include movement control signs and protective signs. Temporary holiday decorations are permitted. C. Sign Type (a) Shall be limited to momument type signs and shall not exceed 35 square feet in area. (b) Shall not exceed seven (7) feet in height measured from Sign Ord., Page Twenty-Seven the top of curb of the street frontage to which the sign is located, at the point nearest to the sign from the back edge of the curb as measured on a straight line. (c) An area immediately surrounding or continguous with the sign shall be landscaped proportionately with the area of the sign (e.g. if the sign area is 35 square feet; then the landscaping of the area surrounding the sign shall not be less than 35 square feet), except that such signs with an area of eight square feet or less shall be exempted from this requirement. (d) A single-family residental premise may display one freestanding sign which must refer to the sale or lease of the premises, and may also display freestanding political signs. D. Attached signs. (a) A single-family residential site may display any one attached sign. This sign must conform to all restrictions set forth in this chapter, and shall not exceed 20% of the signable area or thirty-five (35) square feet in area, whichever is less. (b) Signs attached to screening or decorative walls for the purpose of announcing a residential subdivision, and whose primary objective is decoration, shall be allowed. However, they shall not exceed eight (8) feet above grade nor sixteen (16) square feet in area. SECTION V ADMINISTRATION AND ENFORCEMENT A. Powers and duties of the Building Official. (a) General The Building official is hereby authorized and Sign Ord., Page Twenty-Eight directed to enforce all the provisions of this Ordinance. (b) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous, or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representatiave shall have recourse to every remedy provided by law to secure entry. When the Building Official or his authorized representatiave shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the Sign Ord., Page Twenty-Nine purpose of inspection and examination pursuant to this chapter. (c) Stop orders. Whenever any work is being done contrary to the provisions of this chapter, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. B. Permits, applications, and fees. (a) Permits. No person, firm or corporation shall erect, construct, alter, rebuild, enlarge, extend, convert, maintain, replace, relocate, remove or demolish a sign or alter or change words or rearrange neon tubing on a sign or cause the same to be done without first obtaining a separate sign permit for each sign. (b) It is a defense to prosecution under this subsection that the act or sign is included in one of the enumerated categories listed below: (1) The changing of words on a sign that is designed with interchangeable words. (2) Normal maintenance to replace worn parts and repainting deteriorated paint without word change. (3) Memorial signs or tablets, names of building and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (4) Government signs; such as flags, insignia, legal notices or informational, directional, or traffic Sign Ord., Page Thirty signs which are legally rquired ornecessary to the essential functions of government agencies. (5) Special purpose political signs subject to the provisions of Section II. (6) Non-illuminated temporary construction signs not exceeding 16 square feet in effective area; nor eight (8) feet in height and otherwise subject to the provisions of Section II. (7) Signs painted directly on internal or external window surfaces subject to the provisions of Section II. (8) Non-illuminated movement control signs not exceeding six (6) square feet in effective area; nor three feet in height subject to the provisions of Section II. (9) Non-illuminated freestanding protective signs not exceeding 100 square inches in effective area;nor 2 feet in height subject to the provisions of Section II. (10) Non-illuminated on-premise signs advertising the sale or lease of a non-business property not exceeding 8 square feet in effective area nor 4 feet in height subject to the provisions of Section II. (11) Non-illuminated, on-premise, freestanding signs advertising the sale or lease of a business property subject to the provisions of Section II. Sign Ord., Page Thirty-One (12) Vehicular signs subject to the provisions of Section II. (c) Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. (d) Application. To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by lot zoning, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed work. (3) Be accompanied by a notarized authorization from the owner of the property. (4) Be accompanied by plans and specifications as rquired in this code and all applicable laws and ordinances. (5) State the valuation of the proposed work. (6) Be signed by the applicant, or an authorized agent who may be required to submit evidence to indicate such authority. (7) Give such other information as reasonably maybe required. (e) Plans and specifications. With each application for a Sign Ord., Page Thirty-Two r permit, not less than two (2) sets of plans and specifications shall be submitted and all drawings, specifications, and accompanying data shall bear the name and address of the designer. The structural design of freestanding signs in excees of eight (8) feet in height shall be prepared and designed by an engineer licensed by the State of Texas. (f) Fees. The fee for such permit shall be based on the area of said sign in the following manner; Effective Area Up to 50 sq. ft $50.00 51 sq. ft to 100 sq. ft. 100.00 In case any work is started or proceeded with prior to obtaining a permit, the fee above specified shall be doubled to obtain a permit. The payment of such doubled fee shall not relieve any person from fully complying with the requirements of all laws and ordinances. (g) Expiration. Every permit issued under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of more than 120 days at any time after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount rquired for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such Sign Ord., Page Thirty-Three work; and provided further that such suspension or abandonment has not exceeded one year. (h) Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law or ordinance. (i) Refunds. There shall be no refunds of sign permit fees paid under the terms of this code, except for the following: (1) When it is determined that a sign permit was issued due to an error by the Building Official, a full refund may be authorized. (2) When it is determined that a sign permit cannot be legally issued, any permit fee received may be returned. (j) Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official. (1) Pre-inspection. The Building official, upon receipt of application for permit for a sign, may make a pre-inspection. The application, plans and specifications, and other data, filed by an applicant for permit, shall be reviewed by the Building Official. Such plans may be reviewed by the other departments to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the Sign Ord., Page Thirty Four plans, specifications and other data filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees specified in Section have been paid, he shall issue a permit therefor to the applicant. (2) Final inspection. The Building Official, upon the call of the permit holder, shall make a final inspection after the work is completed. All requests for final inspection shall be made at least twenty-four hours before the inspection is desired. (3) It shall be the responsibilty of the contractor to insure that each necessary inspection is requested from the Building Official and to insure that subsequent stages of construction are not started until said inspection has been conducted and approved. This also includes all subcontractor types of inspections such as electrical, mechanical, plumbing, etc. If it is found, upon inspection by the city, that a contractor has completed a sign without having obtained the necessary inspections and approvals, future permits shall be denied to that contractor pending completion and approval of said inspections. C. Design (a) Construction. All signs and their supports shall be Sign.Ord.,.Page Thirty-Five built, constructed, and erected in conformance with the requirements of all laws and ordinances. (b) Structural. Signs shall comply with the design standards of the Uniform Building Code as adopted by the City of Southlake. (c) Electrical. Signs in which electrical wiring and connections are used shall comply with the requirements of the electrical code of the City of Southlake. In addition, all illuminated signs shall bear the Underwriter's Laboratory label or be building to comply with the Underwriter's requirements. (d) Plumbing and Mechanical. Signs in which plumbing or mechanical devices are used shall comply with the requirements of the plumbing and mechanical codes of the City of Southlake. (e) Materials. (i) The type of materials used in the construction, wiring, plumbing or mechanical portion of the sign shall conform to the structural codes of the City of Southlake building, mechanical, and plumbing codes. (ii) The color, construction, and materials of each sign shall be architecturally compatible with the building to which it applies on the site and with any other signs located on the site. The City Council shall act as the Achitectural Control Committee to approve signs under this section, unless the City Council elects to establish an Architectural Control Committee for signs by Sign Ord., Page Thirty-Six separate ordinance or by amendment of this ordinance. (f) Protection Electrical devices within reach of persons and public property shall be protected by wire glass, safety glass, locked box of metal or wood, or other approved methods. No sign shall be erected nearer than two (20) feet from any telephone cable, electrical street light standard, electrical power poles or electrical power distribution lines when voltage between conductors is less than 300 volts. If the voltage between conductors is 300 volts or greater, clearances shall be maintained as follows: SPANS LESS THAN 150' Horizontal Vertical Clearance Clearance Voltage of Conductors in feet in feet 300 to 8,700 3 8 8,700 to 15,000 8 8 15,000 to 50,000 10 10 50,000 + 10 plus 9.5 10 per 0.5 inch inch per kv per kv in excess in excess NOTE: For spans greater than 150 feet, refer to the National Electrical Safety Code. (g) Clearance from fire escapes, exits or standpipes. No signs or its supports shall be erected in such a manner which will interefer in any way with the use of any fire escape, exit or standpipe. No sign or its support shall be attached to a standpipe or fire escape. (h) Obstruction of openings in buildings No sign or its supports shall obstruct any required openings to such an extent Sign Ord., Page Thirty-Seven that lightor ventilation is reduced below that required. (i) Sign maintenance The owner of any premises upon which sign is erected shall maintain the sign and its supports. If any sign becomes dangerous to life, limb, or property, or an obstruction to the use of any sidewalk, or roadway, or interferes with the operation of the Fire Department, it shall be the responsbility of the owner of the premises or his agents to remove or repair the same. (j) Weather-proofingAllsigns shall be constructed so as to prevent the accumulation of water. (k) In the event of a conflict between the applicable ordinance of the City of Southlake, then the most restrictive code requirements shall apply. (1) All freestanding and monument signs shall be constructed of materials that are non-combustible or slow-burning (as in the case of plastic insert or facings) and shall be supported by non-combustible material only and finished in a presentable manner. Untreated wood or unpainted or non- galvanized steel supports are specifically prohibited. D. Abandoned, or unmaintained signs and damaged signs. (a) Abandoned on-premise signs and sign supports shall be removed within 60 days of notice by the City of Southlake to the owner of the property upon which the sign is attached or located. (b) Any sign or portion of a sign or sign support determined by the City of Southlake to be unsafe or insecure, a menance to the pulic, or in such dilapidated condition to as be unsightly and therefore prejudicial to public welfare shall be 04 - n-A n- rtn.4 _4_ -1- i repaired, maintained or removed within 10 days notice by the City of Southlake. (c) Any sign existing on the effective date of this ordinance and permitted to remain in place as a nonconforming sign, shall be removed if the sign or a substantial part thereof is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matters on the sign. For the purpose of this provision, a sign or substantial part thereof is considered to have been destroyed only if the cost of repairing the sign is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location. E. Variance procedure/City Council. (a) The City Council may, in specific cases, take the following actions and authorize the following special variances and exceptions with respect to the provisions of this chapter. (b) The City Council may waive any filing fee for an appeal under this chapter when the Council finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request the matter be placed on and the Council's miscellaneous docket for predetermination. If the Sign Ord., Page Thirty-Nine matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the Council. (c) The City Council may, in specific cases and subject to appropriate conditions, authorize only the following special variances and exceptions to the regulations established in this ordinance when the Council has made a special finding from the evidence presented that strict compliance with the requirement of this chapter will result in a hardship or inequity to the applicant in accomplishing the objectives of this chapter: (1) Permit a variance for detached signs of up to 10% of the setback, effective area, and height requirements of this chapter; (2) Authorize one additional detached sign on a site in excess of the number permitted by this chapter; (3) Permit the following special variances and exceptions for movement control signs when, from the evidence presented, the Council finds them to be necessary to give directions to a business: (A) Authorize an identification message to be placed on the sign. (B) Authorize an additional effective area of up to four (4) square feet. (C) Authorize an additional height of up to two- and-one-half (2 1/2) feet. (d) The City Council may hear and decide appeals which allege error in any order, requirement, decision, or Sign Ord., Page Forty determination made by the Building Official in the enforcement of this Ordinance. (e) The City Council may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the City of Southlake or to be removed when, from the evidence presented, the Council finds the sign to be hazardous to the public or to have been abandoned by its owners, provided that such decision is permissable under Article 1015(0) of the Texas Revised Civil Statutes without monetary compensation from the City to the Sign Owner being required. (f) Where a permit was required for a the erection of a sign according to the law in effect at the time the sign was erected and where the Building official finds no record of a permit being issued, the City Council may authorize the issuance of a replacement permit when, from the evidence presented, the Council finds either that a permit was issued or that arrangements were made with a sign company to obtain said permit. F. Public hearings provided. (a) The City Planning and Zoning Commission shall hold a public hearing on any amendment, supplement, or change of this ordinance prior to making its recommendation and report to the City Council. At least 15 days notice of the time and place of such hearing shall be published in the official newspaper of the City of Southlake. G. Signs on Utility Poles. No sign of any nature shall be attached in any manner to a utility pole located upon any public right-of-way or utility Sign Ord., Page Forty-One easement and any sign so placed shall be subject to removal by City Personnel and to the fees established in this Ordinance to recover such signs from the City and to and to any fines established by this Ordinance. H. Sign Recovery Fee. Any sign erected, constructed or otherwise located by the owner thereof within or upon a public right-of-way shall be removed by City Personnel and the owner of such sign shall be charged a fee of $15.00 to recover such sign from the City. No such fee shall be charged if the owner satisfactorily establishes that such sign was not placed in right-of-way by the owner of such sign or by any authorized agent, representatiave or employee of said owner. I. Sight Distances at Intersections-Sign Prohibition. (a) (1) Definitions-Intersection Visibility Triangle Shall mean a triangle sight area at all street intersections. (a) For uncontrolled intersections, the intersection visibility triangle shall have the dimensions illustrated in Table 1, set forth on Exhibit "A" attached to this Ordinance. (b) For intersections where the approaching streets are of different sizes or where traffic traveling on one or more approaching streets is designated to stop or yield by an official traffic control devise, the intersection visibility triable shall have the dimensions illustrated in Table 2, set forth on Exhibit "A" Sign Ord., Page Forty-Two attached to this ordinance. (c) Where a driveway opening onto an arterial or collector street is open to the general public or serves four or more residences, the intersection visibility triangle shall have the dimensions illustrated in Table 3, set forth on Exhibit "A" attached to this ordinance. (2) Property line Shall mean the right-of-way line. (3) Uncontrolled Intersection. Shall mean an interesection of two streets (or more) at which there are no official traffic control devises designating approaching traffic to stop or yield. (b) It shall be unlawful to set out, maintain or cause to be set out or maintained any sign having a height greater than two (2) feet as measured from the top of the pavement of the adjacent streets within any visibility triangle as defined herein. (c) The City of Southlake shall have the power to vary the dimensions of a visibility triangle to provide a safe stopping distance for the speed limits in effect. These safe stopping distances shall be as set forth in the Transportation and Traffic Engineering Handbook, copyright, 1976. J. Existing Signs-Nonconforming. (a) Any sign existing on the effective date of this ordinance shall be allowed to remain as a nonconforming sign for a period of ten (10) years from and after the effetive date i rrn r),A - I s ` hereof subject only to removal pursuant to Section V (D) of this ordinance. This provision is intended for the purpose of allowing the owner of any existing sign to recover the ecomonic value of the existing sign prior to being required to bring such sign into conformance with this Ordinance. K. Site Plans-Signs to be noted on site plans. All final site plans filed with the City for approval by the City Council shall have noted thereon the located of any freestanding or monument sign, if known, intended to be erected for permanent use with the building or buildings to be constructed pursuant to such final site plan. SECTION VI-EFFECTIVE DATE That this ordinance applies to offenses committed on and after its effective date, and a criminal action for an offense committed before this Ordinance's effective date is governed by the law in existence at the time the offense was committed. For the purpose of this section, an offense is committed on and after the effective days of this Ordinance if any element of the offense occurred on or after the effective date. This ordinance shall be and become effective after its passage by the City Council and publication in the official newspaper of the City as required by law. SECTION VII-PENALTIES A person who violates a provision of this ordinance is quilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each violation is punishable by a fine not to exceed $200.00 Sign Ord., Page Forty- Four anti-Agiod abed '.pap ubts r �au.zo44V '4TD g4TUIS •g um-VET-FM 777 7-Ar/V q 1 i agAoxddV g AaP49a09S A4TD pupaOar P.zpuP ii '" 1 r" '7 y - -i7,i) 7 s. Iv f / :ssgssv 1 if 'P Te . P'•VI _ / // svxas 'Sxv'Ixsnotao ASID SHS 1 i •bututp4sgp 0 pup 'sdpu j 'se /g 1 3 3o a4on P &q 9861' aaquianoM 3o APP 1448T ST144 QaAO2IdcV (INV aassvd i •papuauip SE 'SPX9I 30 a4p4g egg 3o sMPT 944 1 t Aq pauaanob 92P aouputpao sTq; 3o suotsTAoad pup 9=94 ally AIrligvuanas-xI NIOIZOdS i •aoupuTpao 3o squamaatnbaa 1 4aam qou op goTgM subTs anoutaa off. uoT4ouncut ao3 butpTAoad 1 dsI'Is2I aAISONInrNII-IIIA NIOISOds 1 •uoT4pTotn 103 App Jed 1 P - ,, 1 f 1 M P *-VARIABLE DISTANCE. A MtNIMIJM OF EIGHT to) FLET CLEARANCE DUST jr MAINTAINED IN CASES MNER£ THE DISTAI/CE BC7WEZN THE IRCPEMY L]NC AND CA$ 13 LESS THAN EIGHT (s) FEET. TABLE I TABLE 2 TABLE 3 UMC'1RRCUED 3tTElT3lr IpN CrttTRCL;_£D IXTLT-Ut-I " DRIVEWAY AT ANY PUN.t 3T wort : M vrltaILR7 1RUwa1.1 NMI TM vQa1L,T7 rNA W" "M ' rCUUetror*f AM ?Mm1 SMALL K RMOV+OCD N ALL !MALL X PoavwOm 11 ALL FIIOw LDQt or owrv[7n. Ow(C71Owi Omer-MKS. 1 t I I I I vclai,'TY ' -I IL - TRtANCL£ a Ad'd' - ~ a' I I t r STREET SIRE-v7 7 plly£ L ti 1 1 '7 f V V ' r~ ~Xff ~~3; r fl