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Item 4F M E M O R A N D U M August 25, 2015 To: Shana Yelverton –City Manager From: Ken Baker, AICP –Senior Director of Planning & Development Services Subject: Amendment of Sign Ordinance No. 704-H Action st Requested: Consider 1Readingapproval of an amendment to the Sign Ordinance No. 704, as amended, providing provisions addressing upper story signage on multi-story buildings. Background : Information The Sign Ordinance 704-Gdoes not currently address signage above the first floor of multi-story buildings. The proposed amendment wouldremove an applicant’s ability to obtain a multistory sign permit by right by only allowing them by Master Sign Plan or Variance approval. The Sign Ordinance as proposed givesthe Sign Boardand the City Council the ability to review on a case-by-case basis the locations of proposed multistory signage, and potentially limit this sign-type within the City. Each applicant will be required to come before both the Sign Board for recommendation, as well as the City Council for final approval of upper story signage. The purpose of this itemisto amend Sign Ordinance No. 704, as amended, to prohibit any signage above the ground floor of an office or commercial building. The proposed revisions include: Providing a definition to clarify upper story signage(Section 4, Page 8); Add language prohibitingupper story signageunless approved under a Master Sign Plan or Variance (Section 5.2.23, Page 10); Add upper floor signage to Master Sign Plan provisions (Section 8.3.1, Page 25). Citizen Input/ Board Review: A SPIN meeting was held on June 23, 2015. A copy of the SPIN meeting report can be found under Attachment “A” of this memorandum Legal Review: This item is under review by the City Attorney. Ordinance No. 704-H Attachments: (A) SPIN Meeting Report (B)Ordinance 704-H (C)Link to Presentation Sign Board: August 20, 2015; Approved (5-0) as presented, subject to staff report dated August 14, 2015. Ordinance No. 704-H ATTACHMENT “A” Ordinance No. 704-H Ordinance No. 704-H Ordinance No. 704-H Ordinance No. 704-H Ordinance No. 704-H Ordinance No. 704-H ATTACHMENT “B” ORDINANCE NO. 704-GH SIGN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 704-G, THE COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENTSIGNS; PROVIDING FOR STANDARDS FOR SIGNS REQUIRING PERMITS AND NOT REQUIRING PERMITS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS , the City Council of the City of Southlake previously adopted Ordinance No. 704-Has the Comprehensive Sign Ordinance of the City the provisions of which have been codified as Chapter 15.5 of the Southlake City Code; and WHEREAS , the City staff has recommended amendments to Ordinance No. 704- H; and WHEREAS , the City Council has heretofore developed and adopted a comprehensive plan guiding the orderly and proper growth of the City in order to promote the public health, safety, welfare and aesthetics; and i WHEREAS , the City Council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City; and WHEREAS , the City Council further finds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS , the City Council deems it necessary to amend Ordinance No. 704-Hin order to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Sign Ordinance of the City of Southlakeis hereby amended and shall be and read as set forth in Exhibit “A,” attached hereto and incorporated by reference herein, which shall replace in full the regulations contained in Ordinance 704-Hand Chapter 15.5 of the Southlake City Code. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, ii sentences, paragraphs and sections of thisordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 704-H, Chapter 15.5 of the Southlake City Code, or any other ordinances affectingthe regulation of signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary iii shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. st PASSED AND APPROVED ON FIRST READING ON THIS1DAY OF SEPTEMBER,2015. __________________________________ MAYOR ATTEST: __________________________________ CITY SECRETARY th PASSED AND APPROVED ON SECOND READING ON THIS15DAY OF SEPTEMBER, 2015. __________________________________ MAYOR ATTEST: __________________________________ CITY SECRETARY EFFECTIVE: _____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________ City Attorney iv EXHIBIT A Sign Ordinance Table of Contents Section 1 –Title1 Section 2 –Purpose and Intent1 Section 3 –Noncommercial Signs and Messages1 Section 4 –Definitions1 Section 5 –Applicability9 5.1 –Nonconforming Existing Signs9 5.2 –Prohibited Signs10 5.3 –Exemptions12 5.4 –Limited Exemptions12 Table 1 –Sign Regulations for Signs Exempt from the Requirement of a Sign 12 Permit Table 2 –Standards for Window Signs 14 Section 6 –Permitted Temporary Signs and Specific Sign Regulations15 6.1 –Temporary Signs Requiring a Permit15 Table 3 –Regulations for Temporary Signs Requiring a Permit 15 Section 7 –Permanent Signs Requiring a Permit16 7.1 –Wind Pressure and Deadload Requirements16 7.2 –Sign Regulations16 Table 4 –Attached Signs17 Table 5 –Special Attached Sign Standards18 Table 6 –Monument Signs for Businesses19 Table 7 –Special Monument Sign Standards20 Section 8 –Master Sign Plans23 8.1 –Purpose23 8.2 –Application Process23 8.3 –Application Requirements23 8.4 –Design Guidelines24 Section 9 –Administration30 9.1 –Role of the Administrative Official30 9.2 –Sign Permit Required30 9.3–Application30 9.4 –Fees31 9.5 –Permit Expiration31 9.6 –Appeals and Variances31 9.7 –Responsibility for Enforcement32 9.8 –Penalty for Violation34 Section 10 -Severability34 Section 11 –Conflicting Ordinances34 Section 12 –Savings Clause34 Section 13 –Publication Clause34 Section 14 –Effective Date35 Appendix A –Design Guidelines for Existing Building For Sale/Leasing Ground Signs36 Appendix B –Examples of signs37 v SECTION 1. TITLE This ordinance shall be known as the City of Southlake Sign Ordinance. SECTION 2. PURPOSE AND INTENT The purpose of this ordinance is to create the legal framework for a comprehensive and balanced system of signage in the City. These regulations are intended to provide an easy and pleasant communication between people and their environment and avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. In addition to protecting the health, welfare, and safety of the community, these standards are adopted in order to: 2.1Maintain and enhance the aesthetics of our community; 2.2Enhance automobile and pedestrian safety; 2.3Encourage the integration of signage with landscaping and building design; 2.4Protect and enhance scenic views and natural landscapes; 2.5Protect and enhance economic viability of the City’s commercial corridors by assuring aesthetic appeal to businesses and residents alike; 2.6Promote the use of aesthetically pleasing sign materials, colors, and types; and 2.7Require safe and effective signage. SECTION 3. NONCOMMERCIAL SIGNS AND MESSAGES Any sign that can be displayed under the provisions of this ordinance may contain a noncommercial message. SECTION 4DEFINITIONS . ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to administer this Ordinance, or the department director’s designee. ALTER: To change the size, shape or outline, or type of sign or to changethe electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. ARCHITECTURAL DETAIL: Any projection, articulation, relief, cornice, column, change of building material, window, or door opening on any building. ATTACH: To stick, tack, nail or otherwise affix a sign to any object. AWNING: A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position againstthe building when not in use. BANNER: See SIGN, BANNER. BUILDING: A structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals, or chattel. CERTIFICATE OF OCCUPANCY (C.O.): An official Awnings certificate issued by the City which indicates conformance with building, zoning, and health and safety regulations and authorizes legal use and occupancy of the premises for which it is issued. 1 CIVIC ORGANIZATION: An organization which offers community programs to citizen, City or civic affairs groups. COMMENCEMENT OF WORK: For construction of a sign, commencement of work shall be the point in time when the sign has been delivered to the site and attachment to a building has begun or holes are excavated for ground installation. DILAPIDATED OR DETERIORATED CONDITION: Any sign which in the opinion of the Administrative Official has any of the following characteristics: (a)Where elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or (b)Where the structural support or frame members are visibly bent, broken, dented, or torn; or (c)Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or (d)Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support); or (e)Where the message or wording can no longer be Measuring setbacks and minimum distance clearly read by a person with normal eyesight under normal viewing conditions. between monument signs DISTANCE BETWEEN SIGNS: The shortest straight line horizontal distance between the nearest elements of signs. DISTANCE FROM EDGE OF PAVEMENT: The shortest straight line horizontal distance from the edge of the street pavement to a vertical line to the ground from the nearest element of the sign. DISTANCE FROM PROPERTY LINE(also Setback from Property Line): The shortest horizontal distance from the nearest property line to a vertical line to the ground from the nearest element of the sign. DISTANCE FROM R.O.W.: Distance of signs from R.O.W. shall mean the shortest horizontal distance from the nearest R.O.W. to a vertical line to the ground from the nearest element of the sign. DONATION BIN-A bin or similar structure used for the collection of clothes or non-perishable food items. ERECT: Tobuild, construct, attach, hang, place, suspend or affix. This shall also include the painting of signs on the exterior surface of a building or structure. FACADE: Any separate face of a building, including parapet walls and omitted wall lines, or any part of a Measuring distance from the edge of building which encloses or covers usable space. Where pavement for attached signs separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be 2 considered as part of a single facade. FUND RAISER: An activity that takes place for the sole purpose of raising funds to support community service organizations, public charities, or non-profit organizations. HEIGHT, SIGN: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and finished grade at the center of the base of the sign. HEIGHT, LETTER/LOGO: The height ofeach individual Measuring letter and logo height letter, logo, symbol, and/or icon in a sign. ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. LEASE SPACE: An area of a building separated internally and intended for use by an individual tenant. LOGO: Any registered or recognized symbol, letter, or combination of symbols and letters used by an organization, individual, company, or product for advertising to identify that organization, individual, company, or product. MAIN STREET: Pedestrian oriented street located within the DT (Downtown), TZD (Transitional Zoning District) or ECZ (Employment Center Zoning) Districts. MASONRY MATERIALS: Masonry materials include brick, stucco, cement, concrete tilt wall, stone, or other masonry Example of an illuminated sign or materials of equal characteristics. OBSOLETE: Any sign which (a)For at least 6 continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity on the premises on which the sign is located; or (b)If the premises is leased, relates to a tenant and at least 6 months have elapsed since the date the most recent tenant ceased to operate on the premises; or (c)No legal owner can be found and relates to a use or purpose that is no longer in existence. OUTDOOR SALES OR SERVICES: The offer or display for sale of any goods, wares, merchandise or services on private property separate and apart from the main building or at a location where there is no preexisting principal use. Example of an illuminated sign The goods, wares, merchandise or services offered for sale as outdoor sales or services are normally not offered for sale in the main building on the lot or in association with the principal use. PAD SITE: A tract, lot, or land lease intended for the single use of a freestanding building typically adjacent to street R.O.W. and may also be a portion of a tractor lot. PUBLIC PROPERTY: Any property which is owned by a governmental entity. It shall also include property for which the primary use is for the operations of a governmental 3 entity. RESIDENTIALLY ZONED PROPERTY: Any platted lot within the RCS, SF-1A, SF-1B, SF-2, SF-30A, SF-30B, SF- 20A, SF-20B, R-PUD, MF-1, and MF-2 zoning districts. Also included in this definition are all residentially designated lots in the DT, TZD and EC zoningdistricts. RIGHT-OF-WAY (R.O.W): A strip of land, other than a drainage or utility easement, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewermain, or for another special purpose. SCULPTED ALUMINUM PANEL: An aluminum sign panel with text or graphic depictions cut out from the panel, Measuring sign area on a monument sign typically with a translucent material covering the cut-out from the inner side of the panel. SETBACK: The distance from the closest portion, whether the support or edge of the sign, to the property line. SIDEWALK: A pedestrian walkway that is grade-separated from the adjacent street or drive when located adjacent to a street or drive. SIGHT TRIANGLE: Refer to the Subdivision Ordinance. The sight triangle shall also be applicable to drives. SIGN: Every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the Measuring sign area for an attached sign same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, whichdirects attention to any object, project, service, place, activity, person, institution, organization, or business. SIGN AREA: A two-dimensional area on a building or other permitted sign structure that is free of architectural details and is the area that encompasses the proposed sign in its entirety. SIGN AREA, AGGREGATE: The sum total of all the window and interior sign area on the aggregate window area available per tenant. SIGN, ATTACHED: Any sign attached to, applied on, or supported by any partof a building (including canopy Attached Business Sign fascia, walls and awnings) which encloses or covers usable space. SIGN, ATTACHED BUSINESS: A permanent attached on- site sign that is used to identify a business, profession, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. A primary 4 business sign is attached to a façade facing a street or vehicular driveway access. SIGN, BANNER: A temporary on-site sign made of cloth, flexible plastic or canvas material. SIGN, BARBER POLE: An attached sign mounted on the face of the building that is cylindrical in shape with striped face, lit internally and rotates during business hours. Example of a banner sign SIGN BASE: See sign, monument. SIGN, BLADE: An attached sign oriented perpendicular to the face of the building which projects more than twelve (12) inches beyond the surface of the building to which it is affixed or supported. SIGN, BOARD: An advisory board, under responsibility of the Planning and Zoning Commission, that makes recommendations to the City Council on master sign plans, Example of a barber pole sign variances and sign ordinance amendments. SIGN, BOXED CABINET: An attached sign that is mounted on the face of a building provides for internal illumination and changing of the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/lexan face. SIGN, BULLETIN BOARD: A permanent ground sign or monument sign within a residential subdivision for displaying news and information for subdivision residents. SIGN, BUSINESS MONUMENT: A permanent on-site Example of a blade sign monument sign that is used to identify a business, profession, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. SIGN, CAFÉ UMBRELLA:A sign painted on or otherwise affixed to an umbrella at an establishment with outdoor seating. Example of a directional sign SIGN, CORPORATE FLAG: A sign made of cloth or similar material, attached to a pole used to identify a place of business or organization. This definition does not include the flag of any country, state, city, county or governmental entity. SIGN, DEVELOPMENT/CONSTRUCTION: A temporary on-site ground sign that pertains to a new nonresidential development or a new residential development of 4 or more lots that is approved or under construction. SIGN, DIRECTIONAL: A permanent on-site attached sign intended to aid in vehicular movement on the site. Example of a drive through sign SIGN, DIRECTORY: A permanent on-site attached or monument sign providing direction to or identifying the 5 buildingsin the development. SIGN, DRIVE THROUGH: A permanent on-site attached or monument sign located immediately adjacent to, within, or over a drive through lane that is associated with sales conducted from an automobile. SIGN, DRIVE THROUGH –NON-FOOD SERVICE: A drive through sign associated with sales from an automobile that are not related to food service sales. SIGN, ESTATE SALE: A temporary ground sign intended to advertise an estate sale, conducted primarily indoors, on residential property. SIGN, EXISTING BUILDING FOR SALE/LEASING: An on- site sign intended to advertise a building or buildings for sale or lease after the building(s) have been occupied for a year or more. Example of a light pole banner sign SIGN FACE: The surface of one side of a sign. SIGN, GARAGE/YARD SALE: A temporary ground or banner sign intended to advertise garage sales or yard sales. SIGN, GASOLINE PRICING: A permanent on-site monument sign which displays the price per gallon of fuel sold by that business, and which may be periodically changed to reflect changes in fuel prices. SIGN, GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or an agency thereof. SIGN, GRAND OPENING BANNER: A banner permitted Example of a menuboardsign within 1 year of the issuance of a Certificate of Occupancy (C.O.) for a business. SIGN, GROUND: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. SIGN, HOLIDAY: Any sign that is associated with the celebration of a recognized holiday or celebration. SIGN, HOME OCCUPATION: An attached on-site sign at the entrance of a home occupation. SIGN, LAND: A temporary on-site ground sign on vacant land intended to advertise land for sale including unplatted tracts of land. SIGN, LIGHT POLE BANNER: A banner sign attached to a light pole along a public street or within a public park. SIGN, MENUBOARD: A drive through sign associated with menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Elements of a monument sign SIGN, MODEL HOME: A temporary on-site real estate sign identifying a homebuilder’s model home open for 6 inspection. SIGN, MONUMENT: Any sign which is connected to the ground and which has no clear space for the full width of the sign between the bottom of the sign and the surface of the ground. A monument sign includes a sign face and sign structure, and may also include a sign base and sign cap as described below: (a) SIGN BASE: The above-ground foundation of the sign, which includes the exposed concrete footing for the Example of a sign panel sign. (b) SIGN FACE: The surface of the sign in which the sign message is located. (c) SIGN STRUCTURE: The structure surrounding the sign face. (d)SIGN CAP: A part of the sign structure located above the sign face that is constructed of a different masonry material and/or extends horizontally from the rest of the sign structure. SIGN, NEW CONSTRUCTION FOR SALE/LEASING: A temporary on-site sign intended to advertise a newly constructed existing building or buildings for sale or lease. SIGN, OFF-SITE: A sign which directs attention to a business, commodity, service, good, product, or Example of a Parks and Recreation banner entertainment not related to the site upon which such sign sign is located or to which it is affixed. (Displayed on the Rustin Park pavilion) SIGN, ON-SITE: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites. SIGN PANEL:Anyseparate, single panel or piece of material containing a word or symbol legend or individual message that is affixed to the face of a sign.Each sign panel shall be uniform in size. SIGN, PANEL REPLACEMENT: The replacement of a panel on an existing sign that does not alter the sign. Example of a roof sign SIGN, PARKS AND RECREATION BANNER: A banner displayed on public park property. SIGN PERMIT: The official authorization by the City to alter, erect, or display any sign not exempted by this ordinance. SIGN,POLITICAL: A type of off-site sign which refers only to the candidates or issues involved in a political election. SIGN, PORTABLE: Any sign which is not attached or affixed to the ground, a building, vehicle, or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids, and similar mobile Example of a sandwich board sign structures. SIGN, READERBOARD: A sign that utilizes alternating electronic data control components or a sign comprised of 7 non-permanent letters, numerals or symbols, which allows a change of sign copy by adding, removing or rearranging said letters, symbols or numerals. SIGN, RESIDENTIAL BUILDER: A temporary on-site sign identifying the builder or general contractor of a residential construction site. Exposed String Lights SIGN, RESIDENTIAL REAL ESTATE: A temporary on-site sign identifying existing residential buildings and/or lots for sale or lease on all residentially zoned and platted lots. SIGN, RESTRICTED PARKING: A temporary or permanent sign in a parking lot that restricts parking for any reason. SIGN, ROOF: Any sign that is: (a)Erected on a vertical framework supported by and located immediately and entirely over the roof of a building; or (b)Attached to a fascia extending above or below the Example of a subdivision entry sign projection of the fascia; or (c)Painted or otherwise affixed on a roof; or (d)Displayed above the eave line of a sloped roof or parapet of a flat roof. SIGN, SANDWICH BOARD: A portable sign consisting of two panels of equal size, which are hinged at the top and placed on the ground or pavement so as to be self- supporting. SIGN, SPECIAL PURPOSE: A temporary sign that is either on-site or off-site that provides identification or information pertaining to a special event or occurrence sponsored by a Examples of sign walkers non-profit or civic organization. SIGN STRUCTURE: See SIGN, MONUMENT. SIGN, EXPOSED STRING LIGHTS: Exposed visible light bulbs on an electrical cord typically hung on a patio area for decorative purposes. SIGN, SUBDIVISION ENTRY: Any permanent on-site sign identifying a residential subdivision. SIGN, SUBDIVISION MARKETING/OPEN HOUSE: A Example of window sign temporary sign used to market or advertise residential subdivisions/open houses within the City and to direct interested persons to the subdivision/open house location. SIGN, TEMPORARY: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time only. SIGN, UPPER STORY:An attached sign located on a multistory building that is either displayed above the ceiling level of the first story and/or displayed 20 feet or more Example of window displaysign above grade of the closest roadway surface. SIGN, VEHICULAR: Any sign which is attached to or 8 supported by a vehicle, trailer, other sign apparatus, or is located within a vehicle and is visible. SIGN WALKER (HUMAN DIRECTIONAL SIGN):A person, visible from the public R.O.W.that is holding, twirling, or wearing a sign, wearing lights, or wearing a costume to draw attention to a business, project, place, or event. SIGN, WAYFINDING: A government sign that provides direction to locations and facilities. Aggregate window area SIGN, WINDOW: Any sign affixed to any internal and/or external surface of a window or is located less than ten (10’) feet from the window of any establishment.In addition, any sign displayed in window area that is used to describe in-store sales, promotions, etc. SIGN, WINDOW DISPLAY: Anydisplayof goods, merchandise, products or lifestyle images as in a window designed to attract customers. SITE: A lot, tract or building pad. ADOPTED STREET TYPOLOGY MAP: The component of the City’s Mobility & Master Thoroughfare Plan, a component element of the Southlake 2025 Plan, showing street typologies, which are overlay designations to the functional classification system of the City’s roadway network linking street functionality with design priorities for all street types. TEMPORARY STRUCTURE: A structure without any foundation or footings. WINDOW AREA, AGGREGATE:The sum total of all the window area on a façade per tenant. SECTION 5. APPLICABILITY With the exception of the exemptions set forth in Section 5.3 of this ordinance, no sign shall be erected, altered, or displayed within the City of Southlake without a duly approved sign permit. 5.1NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their present form, but no such signs shall be altered or moved unless a permit is issued pursuant to the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed only if the applicant complies with all provisions of this ordinance. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit shall be required to erect a new sign. 5.2PROHIBITED SIGNS All of the following signs are prohibited unless approved by City Council. 9 5.2.1Signs attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees, excluding political signs on private property. 5.2.2Signs which prevent free ingress to oregress from any door, window, or fire escape. 5.2.3Signs erected or displayed in such a manner as to obstruct free and clear vision at any location, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Section 4 "Definitions." 5.2.4Any sign which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination or any other characteristics causing such interference. No person shall erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interferewith vehicular or pedestrian traffic. 5.2.5Signs erected or displayed on or over public right-of-way (R.O.W) or other public property, excluding wayfinding signs and signs erected by the City, County, State or other authorized governmental agency, or with the permission of the City, for public purposes. 5.2.6Signs directly painted on buildings, except for signs less than a five (5) square foot area used for building identification. 5.2.7Obscene signs in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. 5.2.8Portable signs, with the exception of sandwich board signs which comply with the regulations set forth in Section 6. 5.2.9Signs with exposed neon tube, except for open/closed window signs. 5.2.10Signs illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. 5.2.11Signs that move or flash or have moving or flashing components; signs that are intermittently lighted or have changing colors; signs that revolve; or any other similarly constructed signs. 5.2.12Readerboard signs, with the exception of bulletin board signs, drive through signs, and gasoline pricing signs which comply with the regulations set forth in Section 7.2. 5.2.13Illuminated signs erected or displayed within one-hundred fifty (150) feet of a single-family residentially zoned property unless the lighting is shielded from view of the residentially zoned property and indirect light does not exceed the intensity as specified in Lighting Ordinance No. 693-B, as amended. 5.2.14Roof signs. 5.2.15 Any sign attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes, nor shall it be interpreted to prohibit bumper stickers. 5.2.16 Sign walkers. 5.2.17Structural or non-structural additions or attachments to monument signs, excluding structural modifications for which a valid permit has been issued. 5.2.18Boxed cabinet signs attached to buildings. 5.2.19Awning signs. 5.2.20 Commercial signage on grocery cart corrals (“Return cart here” signs under 6 square feet are permitted). 5.2.21Signs illuminated with anything other than white light or a similar type light unless approved by the Administrative Official. 5.2.22Any lighting projected onto a building, excluding customary exterior building and site illumination (as determined by the Administrative Official) and permitted sign illumination. 5.2.23Upper story signs, unless approved as part of a Master Sign Plan or variance. 5.2.2324Any sign not specifically permitted by this ordinance. 10 5.3EXEMPTIONS The following signs are exempt from the requirements of this ordinance: 5.3.1Warning and security signs, including signs placed by a public utility for the safety, welfare, or convenience of the public, including, but not limited to signs identifying high voltage, public telephone, or underground cables. 5.3.2Government signs and signs for non-profit organizations sponsored by government including flags, insignia, legal notices, informational, directional, and traffic signs which arelegally required or necessary to the essential functions of government agencies. 5.3.3"No Dumping" and "No Trespassing" signs, less than two (2) square feet in area per sign face. 5.3.4Signs in public parks placed inside ball field fencing by the City,which are intended for advertising to raise funds for recreation programs which have copy on only one face with the copy facing toward the interior of the field. 5.3.5Signs attached to a temporary structure utilized specifically for outdoor sales or services or any other signs which are approved in a specific use permit authorizing the outdoor sales or services. 5.3.6Signs attached to a donation bin. 5.3.7Signs associated with fund raisers/sales, provided that the activity is an authorized accessory use as defined in Zoning Ordinance 480 as amended. 5.3.8Non-illuminated names of buildings, dates of erection, monument statues, commemorative tablets and the like when carved into stone, concrete, metal, or any other permanent type of construction and made an integral part of an allowed structure or made flush to the ground. Monumental commemorative sculpture and/or graphic art in any medium and including images depicting real or allegorical persons, non-commercial themes or symbols, historical scenes and events or idealized scenes, and inscribed dedications or quotations, permanently attached to and incorporated into the overall design of all or part of one or more facades of a community center, religious institution, school, library, museum, hospital, or similar public or private, non-profit, institutional or civic structures. 5.3.9Any traffic sign, public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. 5.3.10Traffic control signs on private property, such as Stop, Yield, and similar signs, and which contain no commercial message. 5.3.11Address signs no greater than five (5) square feet in area. Address signs in excess of five (5) square feet in area shall be considered attached business signs and shall be counted toward the area of signage permitted on a building façade or monument sign. 5.3.12Retail store window displays of merchandise, freestanding three-dimensional promotional items (with or without proprietary words or symbols solely describing the merchandise and/or merchandise that is sold in the store), and/or display fixtures not affixed to windowpanes. 5.3.13Holiday season decorations, school, religious organizations and college periodic event signs with no commercial message. 5.3.14Restricted parking signs required or authorized by city ordinance or by law, including but not limited to handicap parking signs. 5.3.15Outdoor exposed string lights (patio lights) are permitted in commercial outdoor dining/patio areas per the requirements of Section 7.2, Table 5, Item 6. 5.3.16Corporate Flags. Corporate flags are exempt from the Sign Code subject to the following conditions: (1) No more than one corporate flag may be flown per eligible parcel of land. (2) The corporate flag shall not be larger than a government flag, if one is flown, and in no case shall the flag length or width exceed 20% of the permitted flag pole height within the zoning district. (3) All corporate flags must be flown at the same height or below any government flag flown. (4) Corporate flags may display only the name, corporate emblem and/or logo of a given corporation. Slogans and tag lines are not permitted. (5) Corporate flags are not permitted on properties used for agricultural, residential or retail 11 uses or activities. 12 the telephone number All signs must display homeowner, or builder. See Appendix A for not exceed 10% of Window sign shall broker, sales agent, Other Standards the window area. of the real estate Tables y ground signs may not be displayed on public and the constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and standards. sted in For temporary ground signs, sign height is measured as the vertical distance between the grade of the closest roadway surface The following signs are exempt from the requirement for a sign permit as long as they meet the corresponding standards, as li be removed within 1 year of erection or on Friday to 5 am Monday, prohibiting Signs may be displayed between noon After issuance of building permit; must Permitted only when space is available Friday and requiring pickup prior to 6 site plan or concept plan. Sign must placement between 4 pm and 8 pm of a Must be removed upon sale of the n issuance of CO. for lease or sale on the same site. Duration/Time Limitation upon issuance of a C.O. for all May be installed after approval buildings on the site. shall be constructed to receive dead loads as required by the City’s currently adopted Building Code. be removed upo am on Monday. No limitation Table 1: Summary of Sign Regulations for Signs Exempt from the Requirement of a Sign Permit house. Temporary ground signs may be displayed at or behind the property line. Temporar site 1 per street frontage Not Number of Signs 1 ground sign per 1 ground sign per frontage and one window sign per - to exceed 4 off site per street site sign. lease space 1 per site1 per site signs. - 1 on site shaped ground signs shall not exceed 90 degrees. 13 sided sign per sign face for Maximum Sign -8 s.f.; 4 s.f. per 8 s.f.; 4 s.f. per 64 s.f. for a two sided sign; 32 or 48 s.f. for a 64 s.f.; 32 s.f. 24 s.f.; 12 s.f. 24 s.f.; 12 s.f. side sign s.f. per sign per sign facee per sign fac Area sign facesign face - a two - face one inch finial on top maximum of a 9 Maximum Sign -sided sign or 7 5 feet for a two - feet plus a feet for a one of each post Height sided sign 5 feet3 feet3 feet6 feet All signs shall be designed and 5 R.O.W., including medians. Permitted Structure Sign / Type GroundGroundGroundGroundGroundGround LIMITED EXEMPTIONS - top of the sign. Permanent The angle for V Temporary/Temporary Permanent TemporaryTemporaryTemporaryTemporaryTemporary or Marketing Sign/ Real Estate Sign 1. Model Home 2. Development 1 and 2. 3. Subdivision / Construction Type of Sign 4. Residential 6. Residential 1.2.3.4. Sale/Leasing Open House Building For Builder Sign 5. Existing 5.4 Sign SignSignSign property or on public or when possible, shall be located to the rear or side of the building only be displayed on the flap trailers, and other sign apparatus parked overnight shall not be located in front of the building or lease space and, not facing a public street. Vehicles may be parked in front of the ase space during active business hours for loading and unloading only for no more than 4 hours. All vehicles must bear Letter/logo height is limited as long as the sign is No permit is required illuminated. Shall be lettering with a white mounted flat against to 8 inches. Signage may entrance of the homedefinition of “alter”). Other Standards Signs shall not be displayed on city not altered (see Limited to black TXDOT R.O.W. the wall at the - background. current license plates, registration and be operational. Must be non occupation. umbrella. of the obtained for development on Noon on Thursday to noon on Monday Signs associated with an election must or any legal holiday. Not to exceed after the Shall be removed when a building Duration/Time Limitation be removed within 7 days the subject property. twice per year. permit is , election. Vehicles NANANA le one of the numbered spaces, but not less site signs 4 per sale; not more per sale along any Number of Signs with only one sign highways (1709, than 2 per tenant per 25 parking 1 sign per street 1938, 114) - than 3 off frontage. 1 per site No limit NANA 1 14 Maximum Sign 8 s.f.; 4 s.f. per 64 s.f.; 32 s.f. 72 s.f.; 36 s.f. per sign faceper sign face Area sign face 1 s.f.2 s.f. NANA street in front of measured from Maximum Sign grade of the the finished Height 5 feet as the sign. 3 feet8 feet NANANANA Permitted Structure MonumentAffixed to , ground, Vehicular Sign limitationAttached / Typeattached GroundGround curb No or NA Permanent Temporary/Temporary/ Temporary/ Temporary/ PermanentPermanentPermanentPermanent TemporaryTemporaryTemporaryTemporary Estate Sale Sign Occupation Sign 8. Garage/Yard / 9. Political Sign 13. Restricted Type of Sign 12. Vehicular Umbrella Sign 11. Replace Parking Sign 7. Land Sign Sign Panel 10. Home 14. Café Sign store promotions, sales, estate signs, and etc. shall be considered to be window signs and not part of the display and must meet the window sign ollowing include all ndow and interior sign area on the aggregate window area available per tenant. Window signs that meet the following standards shall be exempt from permit requirements. Window signs that do not meet the f illuminated closed/open signs, hours of operation, credit card logos, real An individual window is defined as an area of fenestration that is totally bounded by the principal building material and may Interior directory signage identifying shopping aisles and merchandise display areas. - (Any signs describing in Sign(s) shall be placed no higher than 7 feet above the finished floor. on and off. Sign(s) shall only be located in the window of the business. Sign(s) shall not blink, flash, oscillate or intermittently turn sold Mannequins and storefront displays of merchandise The following shall be exempt from this limitation: of this ordinance). Sign(s) shall only read “OPEN”. Plan. 15 Additional Regulations standards shall be prohibited unless approved as part of a Master Sign - now hiring signs Addresses, non requirements The following standards shall apply to illuminated open signs: Aggregate sign area is defined as a sum total of all the wi Comments transparent and translucent areas of windows and doors. Maximum Aggregate Maximum Sign Face for all signage 10% of the window area Table 2: Standards for Window Signs 4 s.f. AreaArea Illuminated Open Number of signs per street frontage Number of per window Signs 41 application submittal to the Planning signs shall not exceed profit and civic organizations. The angle public parks shall be approved by the appropriate utility company prior to consideration by celebrations, public art, and other City Council. Light pole banners wide events, holiday d in addition to the two Additional Regulations area and The width of the sign shall not The width of the sign shall not banners shall be - Services Department prior to approved by the Community For events sponsored by non banner permits allowed in a exceed the storefront width.exceed the storefront width. shall be limited to publicize city sponsored events. of All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot calendar year.All banners in shaped All light pole Department. 90 degrees. - community Permitte - for V removed within 3 days event. No more than calendar year with a As approved by City 15 days per permit, displayed one time after termination of 15 days, twice per 60 day separation permits approved 21 days, must be 15 days. May be issuance of CO. between permits within 1 year of with a total of 2 Duration shall be constructed to receive dead loads as required by the City’s currently adopted Building Code. consecutively twice a year. Council. - Attached to the Attached to the At or behind the Location/ Minimum O property line; placed within The sign regulations for temporary signs requiring a permit are outlined in Table 3. - public ROW. Setback any public R Cannot be placed on SECTION 6: PERMITTED TEMPORARY SIGNS AND SPECIFIC SIGN REGULATIONS not to be buildingbuilding NA W 1 per lease space site sign 3 per public park Number of site signs 1 per light pole 16 1 per street Signs - on frontage and 1 Table 3: Regulations for Temporary Signs Requiring a Permit - 5 off width of building or lease s.f. and not to exceed 80 less than 20 s.f. and not Maximum Sign Face 0.5 s.f. for every 1 foot of 0.75 s.f. for every 1 foot space, but not limited to 64 s.f.; 32 s.f. per sign limited to less than 30 of width of building or 10 sq. ft. per sign face lease space, but not 72 sq.ft. (maximum) TEMPORARY SIGNS REQUIRING A PERMIT to exceed 60 s.f. Area face s.f. Max. Height 9 feet for Sign ground signs NANANANA Permitted Attached or Attached or Structure Sign AttachedAttachedAttached groundground 1.2. 5. Light Pole Purpose Sign Sign Type 4. Parks & Recreation 3. Special 1. Banner 2. Grand 6.1 Opening Banners BannerBanner A minimum of 4 feet of sidewalk Limited to black lettering with a white No readerboards may be used. Sign may not exceed 2 feet in Chalkboards may be used for daily changing of messages. Additional Regulations it application gns), and 6 withstand a wind pressure of not less than thirty (30) pounds per square foot of shall remain clear. The sign regulations for permanent signs requiring a permit are outlined in Tables 4 (Attached Signs), 5 (Special Attached Si area and shall be constructed to receive dead loads as required by the City’s currently adopted Building Code. The sign perm background. width. shall be removed one only after approval of Sign shall be removed Permit may be issued year after erection of building permit and every day after the business is closed. Duration the sign. the applicant which states compliance with this requirement. NA Permitted only At or behind the Location/ Minimum rty line; on sidewalks public ROW. Streets and Setback along Main driveways. placed on not to be internal prope NA window sign shall frontage and one properties, not to 1 ground sign per 1 per lease space the window area. 1 per 25 parking per lease space also be allowed Number of spaces, but not exceed 10% of for commercial less than 2 per site per street 17 Signs tenant All permanent signs shall be designed and constructed to WIND PRESSURE AND DEADLOAD REQUIREMENTS SECTION 7. PERMANENT SIGNS REQUIRING A PERMIT Maximum Sign Face f.; 32 s.f. per sign face for all residential zoning Ground Signs: 64 s. Area districts. must include a statement signed by 8 s.f.2 s.f. - non Max. Height 5 feet for Sign ground 4 feet5 feet signs SIGN REGULATIONS (Monument Signs). Permitted Temporary or -Attached or Structure Temporary permanent ground sign Sign ground NA Sale/Leasing Construction 8. Restricted 6. Sandwich Sign Type Parking Sign ard Signs 7.17.2 7. New For Sign Bo Maximum sign area of Maximum sign area of Maximum sign area of Maximum sign area of permitted. Maximum ade/tenant sign area of 100 s.f. r External lighting is Each lease or tenant space shall be permitted only one attached building sign per street front with a maximum of two signs pe Other Standards façade. The distance from the edge of pavement shall be measured from the closest street which has clear visibility of the entire faç 400 s.f.300 s.f.200 s.f.100 s.f. respective building façade fronts on. ghting (halo) illumination is encouraged. No exposed neon is permitted. Each sign shall be located in the middle 75% of the single plane façade or centered on an articulated surface of the building 1 linear foot of Sign Area per The maximum logo height for an attached sign may be no more than 125% of the maximum permitted letter height. lease space ign guidelines found in Section 8.4. 1.201.000.800.701.201.000.800.701.201.000.800.701.201.000.800.70 1.0 Lease space width 30 feet50 feet30 feet50 feet30 feet50 feet30 feet50 feet Maximum Area Any distance 20 feet50 feet20 feet50 feet20 feet50 feet20 feet50 feet The dimensions of each of the two signs shall be based upon the street typology that the –––––––– 21 feet 31 feet 21 feet 31 feet 21 feet 31 feet 21 feet 31 feet For every foot over 100 feet, letter height increases For every foot over 100 feet, letter height increases For every foot over 100 feet, letter height increases For every foot over 100 feet, letter height increases Although not required, signs are encouraged to follow the recommended des at a rate of 0.1” until a maximum of 42”maximum of 36”at a rate of 0.1” until a maximum of 24”at a rate of 0.1” until a maximum of 21” 18 Each sign is limited in width to 75% of the single plane façade. Maximum Letter Height at a rate of 0.1” until a Signs may be illuminated with internal lighting; backli 24”18”14”16”14” Edge of Street Distance from >100 feet from road frontage road Any distance tenant/lease space. Pavement >100 feet>100 feet>100 feet frontage space in question. Attached Signs oriented (F.M. 1709 and F.M. driveways/parking All other streets Street Typology Table 4: Main Streets - Boulevards (Pedestrian (S.H. 114)Regional 1.2.3.4.5.6.7.8.Freeways Internal streets) 1938)aisles parapet wall of the top of the principal building; principal building; ove grade all signage that is not visible from all adjoining principle building. If 2 signs are erected, they Exposed String Lights shall meet the following when located adjacent to or projecting over a streets shall be exempt from this standard as Directional signs, height clearance signs and long as the letter height is less than 6 inches. grade; and shall be adjacent to or projecting Barber pole shall only be permitted for state rear of the Shall not be higher than the eave line or Shall not be higher than the eave line or shall be a minimum of seven feet above licensed designated barber shops. must be a minimum of 18 feet apart. shall be a minimum of seven feet ab Projection from building max.: 12” Must be located at the side or parapet wall of the top of the Measuring distance from edge of pavement Size: Height max.: 36 “ over a pedestrian way. flashing Other Standards pedestrian way. - Non criteria: face allowed per sign. 8 s.f (total); 4 s.f. per 24 s.f. Only one sign Maximum Area (square feet) sign face. 32 s.f. 4 s.f. 1 per lease space, permitted in addition to 1 per lease space, permitted in addition to 1 per lease space in lieu of 1 attached sign the 2 attached signs allowed per lease Up to 2 attached wall signs per street entrance in lieu of a subdivision entry 19 the 1 attached sign per street front. Measuring width of a single plane façade and lease space Number of Signs monument sign. 2 per site2 per site space Table 5: Special Attached Sign Standards N/A and Internal Pedestrian Internal Streets/Drives, Internal Streets/DrivesInternal Streets/Drives Street Typology Where Permitted Main Streets, All Streets Streets All streets Way All 3. Subdivision Exposed 2. MenuboardOutdoor 1. Blade Sign Barber Sign Type String Pole 4. Drive Through Entry 5.6. hing the front façade of the building. The sign face shall nt toward the maximum sign face area as long as the area of the development name does not exceed 20% of the he sign is higher from the finished grade of the closest paved business monument signs and shall be located within the top he address number is 5 square feet or less, the area will not count toward tenant developments, the development name, if included as an integral part of the monument structure (i.e., not a separate structure and secured in a manner as type as approved by the City Building imilar a shall be at least 8 feet or at a LED lamps specifically designed for Not to exceed 120 Volts or 3.5 Watts Building Official or his/her designee. Electrical plans must be submitted 20% of the sign structure. Address numbers must be a minimum of 8 inches in height along freeways and regional boulevards and Attached to an overhead or other deemed safe by the City Building - height deemed safe by the City 2700K Warm White or s certified CSA Official or his/her designee.Official or his/her designee. and approved by City. Maximum total height is measured from the finished grade at the center of the sign. If the finished grade at the center of t US/C Wet Location – outdoor wet use The monument base shall be a maximum of 2 feet in height and shall be included in the calculation of total height. – Height Color be framed by a minimum of 6” of brick, stone, or masonry material matching the front façade of the building. r for all sign panels on the sign shall be consistent. A monument tenant sign panel will be limited to one tenant name on a monument sign panel. than the finished grade of the closest paved surface, then the height shall be measured The sign base and sign structure shall be brick, stone, or masonry material matc Illuminated, internal, backlit or externally lit address numbers are required on Signs with changeable copy may not change more than once per day. minimum of 6 inches in height on all other streets. If the area of t 20 Logos shall not exceed 25% of the area of the sign panel. For signs with multiple sign panels, the background colo not have monument signs. Table 6: Monument Signs for Businesses allowable maximum sign face area. the maximum sign face area. panel), will not cou Main Streets shall - For multi surface. Lights 10. 1.2.3.4.5.6.7.8.9. menuboard signage must be located within the sign structure and sign face. Additional adjoining streets shall be exempt from this standard as long as the letter height is less A minimum of 6 inches of masonry sign structure or material matching the building must completely surround sign face. All A minimum of 6 inches of masonry sign structure or material matching the building Directional signs, height clearance signs and all signage that is not visible from all completely surround the sign face. Minimum Required Setbacks permitted. 15 feet12 feet10 feet Additional regulations sign attachments are not Number of Maximum Sign Panels than 6 inches. must 866 60 s.f. per sign face Maximum Sign 160 s.f. (total) and per sign face120 s.f. (total) and 100 s.f. (total) and 50 s.f. per sign face (square feet) Face Area ting for Internal lighting for 80 s.f. Illumination Internal ligh sign panel.sign panel. Height of sign Maximum face signs are erected, the side or rear of Must be located at least 18 feet apart. signs must be at building. If two 10 feet near a driveway Located at the side or rear or 6 feet4 feet the principal Location Total Height 6 feet 6 inches Maximum 21 ) (feet 12 feet 8 feet Two signs Two signs Number of Signs per site. per site 1 per every 500 feet of regional boulevard with a maximum of 2 1 per every 500 feet of highway frontage Maximum (con’t)Structure (separated by a minimum 500 feet) Number of Signs 72 s.f. Sign frontage with a maximum of 2 Table 7: Special Monument Sign Standards 8 s.f. Area Table 6: Monument Signs for Businesses Sign Face 1 per street frontage with a maximum of 2 Maximum 50 sf4 s.f. Area Maximum Height Sign 3 feet 8 ft. Regional Boulevards (F.M. 1709 and F.M. Street Typology All other streets - 1. Menuboard Through, Non Food Service Sign Type (S.H. 114) Freeways - 2. Drive 1938) Sign shall only be located along an internal Sign may be a ground sign or a monument not scroll, flash, or change more frequently approved by City Council on Concept or or material matching the building Shall meet the standards herein unless Sign must be integral to the permitted sign for the site. Price per gallon display may A minimum of 6 inches of sign structure s of sign structure A minimum of 6 inches of masonry sign drive or street within the development. must completely surround sign face. must completely surround sign face. Bulletin board must have a lockable must completely surround sign face. Development Plan, or by a Sign Additional regulations Variance application. A minimum of 6 inche than once a day. structure covering. sign. lighting may be utilized lighting may be utilized for sculpted aluminum for sculpted aluminum Ground lighting where Ground lighting where public ROW. Internal where the light itself public ROW. Internal utilized for sculpted supporting structure supporting structure are not visible from are not visible from rom public aluminum panels. the light itself and the light itself and structure are not Ground lighting lighting may be and supporting ROW. Internal Illumination visible f panels.panels. common area and entrance at ROW. property line; 500 between any two monument signs 100 feet from an Common areas must be located by City Council. or as approved Minimum of 75 Minimum of 15 No closer than feet from drive on designated maintained by arterial. Sign feet from any feet distance on one site business Location HOA. 22 subdivision subdivision per street Number entrance, entrance* exceed 2 sign entrance. One per of Signs One per One per street not to One site. per Maximum Structure 70 s.f. 30 s.f.70 s.f.70 s.f. Sign Area 100 s.f. per Sign Face allowed per 100 s.f. per s.f. per Maximum 50 s.f. per 18 s.f.; only sign face; 50 s.f. per 50 s.f. per sign face; sign face; one face sign Area sign sign sign 100 Structure: 5’Structure: 5’ Maximum eight: 6’6”Sign Face: Structure: 5’Total Height: Total Height: Sign Face: Sign Face: Base: 18” Base: 18”Base: 18” Height Sign Total 6 feet Sign Sign Sign 6’6”6’6” 4’ 4’4’ H 3. Subdivision 6. Gasoline Sign Type 5. Directory 4. Bulletin Pricing Board Entry way, a minimum of 6 inches of sign structure must way. If A minimum of 6 inches of masonry sign structure or material matching the building must completely surround sign face if the No temporary ground signs shall be permitted, sign structure must be attached - of - of - sign is visible from the street right - mpletely surround sign face. not visible from the right Additional regulations to the ground. co Illumination Elements of a Monument Sign *Two attached signs per street entrance or one monument sign per street entrance Location 23 NA Number of Signs Two per NORTH site. 150 Maximum Structure 10 s.f. Sign Area Sign Face s.f. per sign sign face; 8 Maximum 4 s.f. per Area Maximum Height Sign 3 feet 7. Directional Sign Type Sign Panel 24 SECTION 8. MASTER SIGN PLANS 8.1PURPOSE The purpose of a Master Sign Plan is to allow an applicant, subject to approval of the City Council, the option of designating an area that will define unique characteristics in all sign elements including type, design, and location based upon specific performance criteria. The goal of a Master Sign Plan is to: 8.1.1Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property; 8.1.2Enhance the compatibility of signs with the architectural and site design features within a development; and 8.1.3Encourage signage that is in character with planned and existing uses thus creating a unique sense of place. 8.1.4Encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards. 8.2APPLICATION PROCESS 8.2.1The applicant shall develop a master sign plan for all sign elements in the development based on the sign design guidelines established in Section 8.4. 8.2.2The Administrative Official shall forward the applicant’s Master Sign Plan to the City Council for action on the application after evaluating the Master Sign Plan on the established design guidelines. The City Council shall make the final determination on the Master Sign Plan. 8.2.3After approval of a Master Sign Plan for a particular development, all signs in that development shall meet the standards approved in that specific Master Sign Plan. 8.3APPLICATION REQUIREMENTS A Master Sign Plan Application shall be a written and/or illustrated document to depict the proposed signs which shall include: 8.3.1Proposed sign palette which may include: a.Attached Building Signs b.Upper Story Signs c.Monument Signs d.Window Signs e.Directional Signs/Wayfinding f.Directory Signs g.Pedestrian Oriented Signs h.Other 8.3.2Location of all proposed signs included in the sign palette 8.3.3Size and number of all proposed signs including maximum area, letter height, number, height, etc. 8.3.4Materials proposed for all signs and sign structures. 8.3.5Color and style palette for all signs (letter colors, background colors, text fonts, etc.) including context of where signs are to be placed on any given façade. 8.3.6Type of illumination proposed (external, internal, etc.) 8.3.7Landscaping and/or ornamental structures including fences, fountains, public art, ground cover, and other landscaping elements that are intended to complement the proposed sign palette and design. 25 8.3.8Any other information as required by the decision making bodies. 8.4DESIGN GUIDELINES-MASTER SIGN PLANS Commercial signage is an integral part of the urban design fabric of Southlake. It is absolutely necessary and shall be deemed as a tool that helps promote the health, safety and welfare of the general public by providing guidance to both the vehicular driver and pedestrian. Due to its visual prominence and effect on the overall design character of our city, signage as part of master sign plans must be considered on the broader scale of community rather than on an individual site basis. Signage is an integral part of the visual urban streetscape and shall not be designed to visually compete with its surroundings, but rather serve to build on the quality of the traveler’s and pedestrian’s experience. The basis for submitting a master sign plan application should not be to have larger signs or logos permitted by ordinance but should clearly be related to the sign design goals listed below: Design Goals 1)To develop an organized hierarchy of signage design types that help identify the location and size standards for individual signs without infringing on the capability of creative design. 2)To establish design criteria that promote the overall visual quality of the streetscape environment for the general public while providing reasonable and improved standards for identification of individual properties. 3)To improve the overall visual cohesive appearance of the site through signage guidelines, with strong consideration that the visual streetscape. 4)To promote a “sense of place” for the City of Southlake while promoting creative design for individual developments. 5)To promote signage as an architectural complement rather than being visually and thematically disconnected. Master Signage Plan Application The master signage program application shall include, at a minimum, the following to be deemed a completed application: 1)A master site plan showing a location of each of the proposed signage type(s). Dimension and label thesign types and include distance measurement of the signs location from the nearest public right-of way. 2)Provide signage elevations (dimensioned and labeled) indicating proposed text areas, materials, material finishes, colors, lighting and identifiable references as to how the signage design relates to the proposed architecture. Identify any landscaping elements proposed. 3)For all signage is to be mounted on building façades, provide accurate building elevations that show signage dimension, signage location, text areas, materials, material finishes, colors and identifiable references as to how the signage design relates to the proposed architecture. 4)If the applicant is requesting any variances from the current regulations as part of the master sign plan,please indicate the location of the variance, what the variance request is for and specific reason/justification for the variance and how the variance promotes are adheres to the design goals provided. 26 5)A master sign plan application will be considered bythe City Council following a recommendation by the Sign Board. The Sign Board’s recommendation will be forwarded to the City Council for their consideration. The sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion; however, the “guidelines” are not as strict as sign “standards.” The review authority may interpret the design guidelines with some flexibility in their application to specific signs/projects, as not all design criteria may be workable or appropriate for each sign or project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the intent and spirit of the design guidelines are followed. 8.4.1.Compatibility with surroundings. a..The scale of signs should be based on the building Proportional size and scale façade on which they are placed and the area in which they are located. The size and shape of a sign should be proportional with the scale of the structure. Large storefronts such as big boxes will be allowed to have proportionally larger signs than smaller storefronts. Signs should not overwhelm the section of the building façade on which it is placed upon. Encouraged Encouraged Discouraged Discouraged b..Signs should be designed so that they are Integrate signs with the building integrated with the design of the building. A well designed building facade or storefront is created by the careful coordination of sign and architectural design, and a coordinated color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building. Sign placement and design should be reviewed within the context of building design. 27 EncouragedDiscouraged c. Corporate Franchise Signage.Corporate franchise signage should conform to the community’s visual desires while maintaining some elements of corporate identity. Corporate logos should fit the context, color, scale and building elements. 8.4.2Location and mounting. a. Signs should be mounted in locations that respect the design of a building and site, including the arrangement of bays and openings. Signs should not obscure windows, (including second story windows), window trim/molding, grillework, piers, pilasters, andother ornamental features. b.Attached signs on fascias above storefront windows should be sized to fit within existing friezes, lintels, spandrels, and other such features and not extend above, below, or beyond them. Typically, attached signs should becentered on horizontal surfaces (e.g., over a storefront opening). c.When a large building contains several storefronts, signs for the individual businesses should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity will reinforce the building’s facade composition while still retaining each business’s identity. Encouraged Discouraged 8.4.3Color a. Avoid using too many colors.Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. b. Use contrasting colors.Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best forboth day and night time use. 28 EncouragedDiscouraged 8.4.4Materials. a. .Sign materials should be compatible with the design of the Compatibility of materials facade on which they are placed. Consider the architectural design of the building’s facade and select materials that complement the design. The selected materials should also contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections. b. .Sign materials should be extremely durable. Paper and cloth Appropriate materials signs are not suitable for exterior use (except on awnings) because they deteriorate quickly. If wood is used, it should be properly sealed to keep moisture from soaking into the wood and causing the sign’s lettering to deteriorate. 8.4.5Sign legibility. a. A concise name or limited lines of copy should be used Concise Name Identification. whenever possible given the limited amount of time the vehicle traveling public has to identify and read the sign. The fewer number of words, the more effective the sign. A simple and succinct sign is easier to read and looks more attractive because it is less cluttered. b..Symbols and logos can be used in place of words whenever Use symbols and logos appropriate. Pictographic images will usually register more quickly in the viewer’s mind than a written message. And, they can be an expression of the owner’s creativity. c. .The number of lettering styles that are used on a Limit the number of letter styles sign should be limited in order to increase legibility. As a general rule, limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign’s ability to communicate. Encouraged Discouraged 29 Discouraged 8.4.6Sign illumination. a. Individually illuminated letters, either internally illuminated or Internal illumination. backlit solid letters (reverse channel) are a preferred alternative to internally illuminated plastic cabinet signs. Signs comprised of individual letters mounted directly on a structure can often use a distinctive element of the structure’s facade as a backdrop, thereby providing a better integration of the sign with the structure. b. .Signs along roadways with slower moving traffic or in Use a projected light source pedestrian oriented environment should consider illumination bya projected light source (e.g., spotlight). Projection lighting is usually a better alternative because the sign will appear to be integrated with the building’s architecture. Light fixtures supported in front of the sign cast light on the sign and generally a portion of the building’s face as well. Projected lighting emphasizes the continuity of the structure’s surface and signs become an integral part of the facade. The use of small, unobtrusive fixtures for external (projection) lighting is encouraged. Avoid the use of oversized fixtures that are out of scale with the sign and structure. Whenever projection lighting is used (fluorescent or incandescent), care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way. Signs should be lighted only to the minimum level required for nighttime readability. c..The use of internally illuminated cabinet signs arenot permitted by Cabinet signs ordinance. Encouraged Prohibited d. Electrical transformer boxes and raceways are Electrical raceways and conduits. required to be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway should be finished to match the background wall, or integrated into the overall design of the sign. If raceways are necessary, they should be as thin and narrow as possible and should never extend in width or height beyond the area of the sign’s lettering or graphics. All exposed conduit and junction boxes should also be concealed from public view. 30 Discouraged e.Neon Signs.ExposedNeon/L.E.D. or similar types of lighting are not permitted.Only exposed, non-flashing “OPEN” exposed non-flashing neon signs are permitted under Section 5.4 Limited Exemptions. Not Permitted Not Permitted 8.4.7Shopping Center Monument Signs a. Freestandingsigns are allowed to display a limited number of individual tenant signs and the name of the center. Multiple message panels make the sign ineffective in conveying a message and could potentially be a safety hazard. b.Individualtenant sign panels should be uniform in size. The address, the name of the center or the major tenant may have a larger sign panel. c. Thesign structure should be architecturally designed and incorporate design details, materials, and colors of the associated buildings. d. Signpanels should be limited in size to the width of the architectural support elements of the sign. e. Signs should be externally illuminated. f. The size of the sign should be primarily dependent on the speed of the traffic viewing the sign and the distance from the roadway. g. Monument signs should include a landscaping element. EncouragedDiscouraged 31 8.4.8Shopping Center Store Signage. a.Require consistency (color, size, etc.) of tenant signage in shopping centers. b.Signs should be designed to complement or enhance the other signs in the center. c.A coordinated sign program should be encouraged for multi-tenant development. Encouraged Discouraged 8.4.9Multistory Buildingscorporate offices and hotels. a.For multistory corporate offices and hotels,Ssigns should be limited to monumentsigns and possibly a single façade sign of appropriate scale and size that identifies the name of the major tenant or building. b.For multistory commercialbuildings, upperstory signs should be limitedto tenants that have a minimum of 25 feet of horizontal building frontage. Encouraged Encouraged SECTION 9. ADMINISTRATION 9.1ROLE OF THE ADMINISTRATIVE OFFICIAL The City Manager shall appoint the Administrative Official who shall administer and enforce the terms and conditions of this ordinance. 9.2SIGN PERMIT REQUIRED No signs, unless exempted under Section 5.3 and Section 5.4, shall be erected, displayed, or altered within the City of Southlake without a duly approved sign permit from the City. The 32 Administrative Official or designee shall ensure that all sign permitsare granted only in compliance with the provisions of this ordinance. Further, no sign permit shall be issued unless a Certificate of Occupancy (for existing development) or building permit (for new development) has been issued. 9.3APPLICATION Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: 9.3.1Application form shall be completed. 9.3.2General plan that illustrates: a.Location of the building, structure, ortract to which or upon which the sign is to be attached or erected. b.Position of the sign in relation to rights-of-way, easements, buildings, structures, existing signs, etc. c.Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. 9.3.3Signature of the owner of the property or the owner’s representative stating that the applicant has permission to erect such signs. 9.3.4The Administrative Official shall review a permit application and make a decision on whether to grant or deny the permit within fourteen (14) days of submittal of a fully completed application. If additional information is required of an applicant in order to complete an application, the applicant shall be notified of that fact within fourteen (14) days. Thereafter, the Administrative Official shall make a decision on whether to grant or deny the permit within fourteen (14) days of receiving the additional information or a written certification from the applicant that the application is complete. Any application for which the Administrative Official fails to grant a decision within the first fourteen (14) day period shall be deemed denied. 9.4FEES All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. 9.5PERMIT EXPIRATION If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. 9.6APPEALS AND VARIANCES 9.6.1APPEALS Any decision rendered by the Administrative Official under this ordinance may be appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be received within ten (10) days after the placementof a letter in the U.S. mail addressed to the address on the permit or the address of the current owner of record in the County tax records which states the written decision which has been rendered by the Administrative Official. Such appeal shall be filed in writing with the Administrative Official specifying the grounds on which the appeal is based. The Administrative Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Administrative Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final. 33 9.6.2VARIANCES a.Variance Authorized. The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. b.Approval Standards. In granting any variance, City Council shall consider the following criteria: (i)Special conditions exist which are peculiar to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same zone. The City may attach such conditions to granting all or a portion of any variance necessary to achieve the purpose of this ordinance, and; (ii) The strict interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of the ordinance, and; (iii)The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences, and; (iv)Granting the variance will meet the objectives of the ordinance and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare, and; (v)The request will be the minimum variance necessary to alleviate the special hardship or practical difficulties faced by the applicant in meeting the requirements of this ordinance; and; (vi)Granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. (vii) Granting of a variance shall be specific to the subject sign(s). Any modification of the signage approved by the variance or the installation of new or replacement signage that does not meet the specific requirements of the City Council variance approval is prohibited and will be deemed non-compliant. c.Application Process. Any request for a variance shall be made to the Administrative Official and be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. The sign variance will be considered by the City Councilfollowing a recommendation by the Sign Board. The Sign Board’s recommendation will be forwarded to the City Council for their consideration. 9.7RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Administrative Official to interpret and administer the requirements of this ordinance. 9.7.1The Administrative Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. 34 A person may appeal the revocation of the sign permit to the City Council by filing an appeal in accordance with this ordinance. The City Council shall affirm, reverse, or modify the suspension or revocation and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. 9.7.2The Administrative Official shall periodically inspect each sign regulated by this ordinance for the purpose of ascertaining whether the same is obsolete and whether it is in need of removal or repair. 9.7.3Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. 9.7.4 The following signs shall be removed based on the determination of the Administrative Official: a. OBSOLETE SIGNS. Any sign, which the Administrative Official determines to be obsolete, shall be removed by the permit holder, owner of the sign or owner of the site on which the sign is located. For temporary signs, the sign must be removed as noted on the sign permit application or within three (3) days after receiving written notification to do so from the Administrative Official. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site onwhich the sign is located within a reasonable time period as determined by the Administrative Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Administrative Official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. b. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Administrative Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. If the permit holder, owner of the sign or owner of the site on which the sign is located fails to remove or repair the sign within ten (10) days after such notice or to file an appeal of the decision in accordance with this ordinance, the Administrative Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Administrative Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and welfare. c.SIGNS ON UTILITY POLES. Any sign that is erected, constructed or otherwise attached to a utility pole located upon any public right of way or utility easement may be removed by the City unless otherwise permitted by this ordinance. The installer, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the City fee schedule to recoversuch sign from the City unless the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time 35 may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. d.SIGNS IN RIGHT-OF-WAY AND/OR ON PUBLIC PROPERTY: Any sign that is erected, constructed, or otherwise located within or upon public right-of-way or on public property unless otherwise permitted by this ordinance may be removed by the City. The owner or installer of such sign shall be charged a sign recovery fee in accordance with the City fee schedule to recover such sign from the City. No such fee shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the permit holder or owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. e.ILLEGALLY ERECTED SIGNS. Any sign that is erected, constructed or otherwise displayed, which the Administrative Official determines to be in direct violation of this ordinance, may be removed by City personnel. The permit holder, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the City fee schedule to recover such sign from the City. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site on which the sign is located within a reasonable time period as determined by the Administrative Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Administrative Official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. f.EXTENT OF SIGN REMOVAL. The Administrative Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include, but is not limited to, any of the following: (i)Removal of the text or copy portion of the sign. (ii)Removal of the portion of the sign excluding the structural support of the sign. (iii)Removal ofall structural elements of the sign. 9.8PENALTY FOR VIOLATION 9.8.1Any person who erects a sign that is in not in compliance with of any provision in this Ordinance, shall be assessed a penalty by the Administrator equal to Five Hundred Dollars ($500.00) per incidence. Each day the violation exists shall be considered a separate incident. A violation, penalty, or requirement of this ordinance that is not rectified within 90 days or a time period determined as reasonable by the Administrator shall become subject to Section 9.7.4. SECTION 10. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. CONFLICTING ORDINANCES 36 This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 12. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for signs that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 13. PUBLICATION CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 14. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and its publication as required by law, and it is so ordained. 37 Appendix A Design Guidelines for “Existing Building For Sale/Leasing Ground Signs” “Existing Building For Sale/Leasing Ground Signs” shall be designed in accordance with the following guidelines (see attached Figure 1 for illustration): 1.Sign Post: a.Material: Shall be of 3 –4 inch extruded metal with decorative finials. b.Height: Shall not exceed 5feet in height, excluding finials. Finials shall not exceed 9 inches in height. c.Color: shall be black 2.Sign Frame: a.Same material as the sign post b.Same color as the sign post c.Height –Any decorative element over the sign frame shall be limited to a maximum of 9” 3.Sign Face: a.Material: Shall be made up of ¼” to ½” plastic or aluminum coated MDO or plastic cored aluminum b.Area -Each sign face shall not exceed 12square feet. Sign may be two-sided. c.Color –Background color shall be one of the following: white, gray, or beige/cream. Foreground color (font and logo) shall be black. 38 Figure 1 Recommended Design Palette for Existing Building For gns Sale/Leasing Si 39 Appendix B Definition Sign Examples Attached Business SignBanner SignBarber Pole SignBladeSign Boxed Cabinet Sign Existing Building for Lease/SaleBulletin Board Sign Business Monument Sign Café Umbrella Sign Development Sign Construction Sign Directory Sign Directional Sign Directional Sign DriveThrough Sign Drive Through Sign Drive Through Sign – Ex. Building For Sale Sign Garage Sale/ Yard Sign Gasoline Pricing Sign Non-Food Service Government SignGrand Opening Banner Land SignLight Pole Banner 40 Main Street Menuboard Sign Menuboard Sign Model Home SignMonument SignPolitical Sign Portable Sign Readerboard SignResidential Real Estate Sign Residential Builder Roof Sign Sandwich Board Sign Special Purpose Sign String Lights Subdivision Entry Sign Sign Walker Sign Walker Vehicle Sign Wayfinding Sign Window Sign 41