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WS Item 4City of Southlake, Texas MEMORANDUM November 1, 2006 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Planning Director Subject: Discussion Item - Proposed Amendments to the Sign Ordinance 704 -B Action Requested: None. Staff will present a general overview of the proposed amendments to the sign ordinance as well as present design options for real estate ground signs at the November 7 2006 City Council meeting. Background: The Planning and Zoning Commission started working on revisions to the city's Sign Ordinance in January 2006. The bases for the revisions include the following issues identified by the Commission and City Council: • Need to address regulations that limit common variance requests; • Need to establish sign design standards based upon street typology, specifically for the S.H. 114 and F.M. 1709 corridors; • Need to address the possible abuse of window signage; • Need to establish clear guidelines for conditional sign permits, specifically for master planned developments through the coordination of building /site design with sign design; and • Need to streamline and clarify administration and approval authority. Since January 2006, the Commission has held several work sessions to discuss major aspects of the Sign Ordinance. Staff, with the Planning and Zoning Commission, held a Public Forum on the proposed amendments on May 11 2006. Every resident and business within the city was notified of this meeting. In addition, staff held work group discussions with representatives from the business community per the Commission's request to resolve real estate and leasing sign issues. Based on discussions with the Planning and Zoning Commission, public input, and City Council, staff is proposing major amendments to Ordinance 704 -B. Attached with this memo is the current draft (dated September 1, 2006) of Ordinance 704 -C which includes the input from the August 24 th , 2006 Joint City Council and P &Z work session: • Changes to standards of "for sale /leasing signs" for new development and existing development • Elimination of the logo allowance of 125% of letter height • Allowance of light pole banners within parks • Submittal requirements for Master Sign Plans to include sign placement information with the building context At their meeting on September 20, 2006; P &Z recommended Approval (6 -0) as presented, with the following conditions: • Real estate /leasing signs to be limited to 3x4 (12 sq. ft.) in area, 5' in height and with 4" posts. • Staff to come up with a design palette for a standard real estate ground sign for Southlake for Council's review. This design would specify the frame and post design only. • Property owners may only have their leasing information on an existing monument sign or have the standard ground sign as established by the City but NOT on both. • Logo height to be a maximum of 125% of the permitted letter height. Financial Considerations: None P & Z Review: August 17, 2006 Recommended Approval (6 -0) Legal Review: Yes Supporting Documents: Attachment 1 — Draft Ordinance 704 -C dated September 1, 2006 Staff Contact: Ken Baker, 748 -8067 2 Attachment 1 Draft Ordinance 704 -C SECTION 1. TITLE This ordinance shall be known as the City of Soutblake 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 inthe 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: 2.1 Maintain and enhance the aesthetics of our community; 2.2 Enhance automobile and pedestrian safety; 2.3 Encourage the integration of signage with landscaping and 2.4 Protect and enhance scenic views and natural landscapes; 2.5 Protect and enhance economic viability of the City's co businesses and residents alike; 2.6 Promote the use of aesthetically pleasing sign mater' 2.7 Require safe and effective signage. SECTION 3. NONCOMMERCIAL SIGNS AND MES Any sign that canbe displayed under the pr _ _ of this SECTION 4. DEFINITIONS Example of an awning Example of an awning with no sign suring aesthetic appeal to a noncommercial message. 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 change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a irface 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 canbe raised or retracted to a position against the 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 certificate issued by the City which indicates conformance DRAFT September 1, 2006 I I with building zoning, and health and safety regulations and authorizes legal use and occupancy of the premises for which - -- -- -- - -- - 'r" itis issued. i I ` CIVIC ORGANIZATION An organization which offers I 1 community programs to citizen, City or civic affairs groups. I COMMENCEMENT OF WORK For construction of a sign, Sign n2 j commencement of work shall be the point in time when the Minimum sign has been delivered to the site and attachment to a building se ask I has begun or holes are excav d for ground installation I j DILAPIDATED OR DETERIORATED CONDITION Any j sign which in the opinion of the Administrative Official has 1 any of the following characteristics: j (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 9 ; d off, or niMing or otherwise not in harmony with the rest of the surface; or (b) Where the structural support or frame members are visibl bent, broken, dented, or torn;r M...... (c) Where the panel is visibly cracked, or in the case of wood E t x - R -a -W LInWFrupertyLine E Sign 1 1 and similar products, splintered in such a way as to constitute an unsightly or harmful condition: or Where the signor its elements are twisted or leaning or at 51. Measuring setbacks and minimum distance angies other thanthose atwhichitwas originally erected between monument signs such as may result from beingblown or the failure of a structural support) or Adak Where the message or wording can no longer be clearly read by a person with normal eyesight under normal r - -- - - - -- - - - -� viewing conditions. I I Distance to Edge i of Pavement I Location of Building Signs ~- I I I j Distance to Edge of Pavement I i �. R -O -W LinelProperly Line - - - - -- - - - - - -- 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. �' Ed a of PauemeRt Street Measuring distance from the edge of pavement for attached signs ERECT To build, construct, attach, hang, place, suspend or affix. This shall also include the painting of signs on the DRAFT September 1, 2006 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 building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. 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 of each individual letter, logo, symbol, Vd/or icon in a sign ILLUMINATION The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. MASONRY MATERIALS Masonry materials include brick, stucco, cement, concrete tilt wall, stone, rack, or other masonry or materials of equal characteristics. OBSOLETE Any signwhich (a) For at least 12 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 two years 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 mainbuilding or at a location where there is no preexisting principal use. The goods, wares, merchandise or services offered for sale as outdoor sales or services are normally not offered for sale in the mainbuilding on the lot or in association with the principal use. DRAFT September 1, 2006 Measuring letter and logo height 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 tract or 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 entity. RESIDENTIALLY ZONED PROPERTY: Any platted lot within the RCS, SF -IA, SF -113, SF -2, SF -30A, SF -3013, SF- 20A, SF -2013, 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 zo Wng districts. 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 sewer main, or for another special purpose. SCULPTED ALUMINUMPANEL An aluminum sign panel with text or graphic depictions cut out froi the panel, typically with a translucent material covering the cut-out from the inner side of the panel. SETBACK Tie distance from the closest portion, whether " the suppor edge of the sign, to the property line. WALK: A pedestrian walkway that is grade- separated he adjacent street or drive when located adjacent to a or drive. T TRIANGLE Refer to the Subdivision Ordinance. ght triangle shall also be applicable to drives. -A= leasuring sign area . for an attached sign : Every sign, name, number, identification, description, ncement, declaration, demonstration, device, display, , anner, pennant illustration, logo, balloon, streamer, ;e, advertising display, poster, beacon, light or insignia, ructare supporting any of the same, affixed directly or M.., ctly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs 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 inits 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 part of a building (including canopy fascia, walls and awnings) which encloses or covers usable space. DRAFT September 1, 2006 Measuring sign area on a monument sig SUITES AVAILABLE www.SALONESTETICA.NET 81 329 -1927_ Example of a banner sign SIGN, ATTACHED BUSINESS: A permanent attached on- site sign that is used to identify a business, profession, organization, institution, service, activitv or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign inav also identifv the name of the site or development or may identify the occupants within the site or development. A primary business sign is attached to a fagade facing a street or vehicular driveway access. SIGN, BANNER A temporary on -site sign made of cloth, flexible plastic or canvas material. monument PCONSTRUCTION A temporary pertains to a new development that is A permanent on -site attached sign dar movement on the site. � permanent on-site attached or ig direction to or identifying the me nt. GH: A permanent on -site attached or immediately adjacent to, within, or that is associated with sales nobile. GH — NON -FOOD SERVICE A iated with sales from an automobile unLcum iwLi%,iawu w IVV 3erV1Ce Sales. SIGN, EXISTING BUILDING FOR SALE /LEASING: A temporary 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. SIGN FACE The surface of one side of a sign. SIGN, GARAGENARD SALE A temporary ground or DRAFT September 1, 2006 banner sign intended to advertise garage sales or yard sales. R� iryr.. L - --,_� ,...s. Elements of a monument sign 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 onbehalf of a federal, state or local government or an agency thereof. SIGN, GRAND OPENING BANNER A banner permitted within 1 year of the issuanSJ& Certificate of Occupancy (C.O.) for abusiness. SIGN, GROUND And- sign connected to the ground by legs, poles, or other supports and whichis 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, INSTITUTIONAL A permanent on -site sign used to identify govermuental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of importance to the general public. land intended to advertise land for sale or to advertise a new development prior to construction SIGN, LIGHT POLE BANNER A banner sign attached to a light pole along a public street or within a public park ­ " 'MN, 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 SIGN, MODEL HOME A temporary on -site real estate sign identifying a homebuilder's model home open for inspection SIGN, MONUMENT Any signwhichis 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 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 DRAFT September 1, 2006 Lightpole banner sign 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 entertainment not related to the site upon which such sign is located or to which it is affixed. 0. SIGN, ON -SITE Any sign, the content of which relates to the site onwhichit 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: Any separate, single panel or piece of material containing a word or symbol legend or individual message that is affixed to the face'gf a sign SIGN, PANEL REPLACEMENT The replacement of a panel on an existing sign that does not alter the sign. SIGN, PARKS AND RECREATION BANNER: A banner dis, lased onpublic park property. SIGN PERMIT Th cial authorizationby the City to alter, erect, or display any sign not exempted by this ordinance. kL: A type of off -site signwhichrefers only or issues involved in a political election Sale. /Lease sign Roof sign N PORTABLE: Any sign which is not attached or fixed 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 structures. SIGN, READERBOARD (electronic) A sign that utilizes alternating electronic data control components. SIGN, READERBOARD (manual) A sign comprised of 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. SIGN, RESIDENTIAL REAL ESTATE: A temporary ou -site sign identifving existing residential buildings and /or lots for sale or lease. SIGN, ROOF Any sign that is: DRAFT September 1, 2006 (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 projection of the fascia; or (c) Painted or otherwise affixed on a roof; or (d) Displayed above the cave 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 non profit of civic organization. SIGN STRUCTURE See SIGN, MONUMENT. SIGN, SUBDIVISION ENTRY Any permanent on -site sign identifying a residential subdivision. SIGN, SUBDIVISION MARKETING /OPEN HOUSE A 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 ny 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 ';'V'EHICULAR Any sign which is affixed to avehicle or is located within a vehicle and is yet visible. SIGN. WINDOW Any signleeated affixed to anv the internal and/or external surface of a window, or is located less than ten (10') feet from the window of any establishment. SITE A lot, tract or building pad. STREET TYPOLOGY MAP The component of the City's adopted 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 fagade per tenant. DRAFT September 1, 2006 Sandwich board sign 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. 5.1 NONCONFORMING 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 signwhich 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. 5.2 PROHIBITED SIGNS All of the following signs are prohibited unless app b�%City Council. 5.2.1 Signs attached to light fixtures, poles, curbs, sidewalks, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. ? 5.2.2 Signs which prevent free ingress to or egress from any door, window, or fire escape. 5.2.3 Signs 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 problemby observing a sight triangle as provided for in Section 4 'Definitions." 5.2.4 Any 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 manner as to interfere witlt obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, without limitation signs malting 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 interfere with vehicular or pedestrian Signs erected or displayed traffic. 5.2.5 Si g played on _' ef lib rc right -of- -way (R.O. W) or other public property, unless the same be erected by the City, County, °State or other authorized governmental agency, or with the permission of the City, for public purposes. 5.2.6 Signs directly painted o buildings, except for signs less than a five (5) square foot area used for uildingidentification 5, � Obscene signs inwhich 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. 5.2.8 Portable signs, with the exception of sandwichboard signs which comply withthe regulations set forth in Section 6. 5.2.9 Signs with exposed neon tube, except for open/closed window signs. 5.2.10 Signs illuminated to such intensity or in such manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. 5.2.11 Signs 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. 5.2.12 lluminated signs erected or displayed within one - hundred fifty (150) feet of a single- family residentially zoned property unless the lighting is shielded fromview of the residentially zoned property and indirect light does not exceed the intensity as specified in Lighting Ordinance No. 693 -B, as amended. 5.2.13 Roof signs. DRAFT September 1, 2006 5.2.14 Any sign attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide abase for such signor to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs onvehicles used for business purposes, nor shall itbe interpreted to prohibit bumper stickers. 5.2.15 Any sign not specifically permitted by this ordinance. 5.3 EXEMPTIONS The following signs are exempt from the requirements of this ordinance: 5.3.1 Warning 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 highvoltage, public telephone, or underground cables. 5.3.2 Government signs and signs for non -profit organizations sponsored by government including flags, insignia, legal notices, informational, directional, and traffic signs which are legally 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. 5.3.4 Signs inpublic 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. 5.3.5 Signs attached to a temporary structure utilized specifically for outdoor sales or services or any other signs which are approved in a specific use permit authorizin the outdoor sales or services. 5.3.6 Signs attached to a donationbin 5.3.7 Signs associated with fund raisers /sales, provided that the actin, ity is an authorized accessory use as defined in Zoning Ordinance 480 as amended. 5.3.8 Non - illuminated names of buildings, dates of erection nonument 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, p"nently 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. 5.3.9 Any traffic sign, public notice or warning re_ hired by a valid and applicable federal, state, or local law, regulation. or ordinance. 5.3.10 Traffic control signs on private property, Chas Stop, Yield, and similar signs, and which contain no commercial message. Address 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 ermitted on a building facade or monument sign Retail store window displays of merchandise, freestanding three - dimensional promotional items (with r 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. 5.3.13 Holiday lights and decorations with no commercial message. go DRAFT September 1, 2006 10 5.4 LIMITED EXEMPTIONS The following signs are exempt from the requirement for a sign permit as long as they meet the co „, onding standards, as listed in Tables 1 and 2. Table 1: Summary of Sign Regulations for Signs Exempt from the Requirement of a Sign Permit 1. The angle for V- shaped ground signs shall not exceed 90 degrees. 2. Temporary ground signs maybe displayed at or behind the property line. Temporary ground signs may not be displayed on public R.O.W., including medians. 3. For temporary ground signs, sign height is measured as the vertical distance between the grade of the cloQes oadway surface and the top of the sign. Type of'Sign Temporary / Sign Structure Maximum Maximum Number of'Signs Duration/Time Limitation Other Standards Permanent Permitted/ Sign Sign Area .. Type Height 1. Model Home Temporary Ground 5 feet 64 s.f. for a 7 Must be removed upon sale Sign two -sided of the house. sign; 32 s.f. per sign face 2. Development/ Temporary Ground 5 feet for a 64 s.f.; 32 s.f. 1 per street frontage May be installed after Construction two -sided per sign face approval of a site plan or Sign sign or 7 for a two- concept plan Sign must be for a sided sign or removed within 1 year of one -sided 48 s.f. for a erection or upon issuance of a 4A feet sign one -side sign C.O. for all buildings on the site. 3. Subdivision Temporary Ground 3 feet 8 s.f.; 4 s.f. 1 on -site sign Not Signs maybe displayed All signs must Marketing Sign/ per sign face to exceed 4 off -site between noon on Friday to 5 display the Open House Sign signs. am Monday, prohibiting telephone number placement between 4 pm and of the real estate 8 pm Friday and requiring broker, sales agent, low pickup prior to 6 am on homeowner, or Monday. builder. 4. Residential Tempor and 3 feet 8 s.f.; 4 s.f. 1 per site After issuance of building Builder Sign per sign face permit mustbe removed upon issuance of CO. c For Sale,/New nffaeke' 5 feet fv 1 , , ,,a N 4 O .. ,,,a � .. gFou signs as fffee- si gl4pe site : s 40f4age aPA -1 ,-o,, o a . ,;., ; v .,o f sh a l l lease per sien f0f _a44 the iss"apke 4-�� allowed per- b” 4&M4he � I C-ffmwf &ig ♦lam DRAFT September 1, 2006 11 6. Residential Temporary Permanent Permitted/ Sign Sign Area No limitation Real Estate Sign per sign face Type Height 7. Land Sign Temporary Ground 5 feet as 64 s.f. 32 s.f. 1l sign per street Shall be removed when a 64 32 f, gal measured per sign face frontage. building permit is obtained Glosest 4P�S hO s.f.; s. fffee 1 for developme nt on the per rho 10% per- sign for- pr-Opef4i0s per- site ee o ",atew area.. s4m gra all othe subject property. distFiets. dtim Kok 65. Existing Temporary Ground 5 feet 8 s.f: 4 s.f. 1 ground sniper " o imitation • Ground signs Building For front of the per sign face site per street to have a frame Sale/Leasin 68. Garage /Yard frontage and one Ground 3 feet • Signframe Si Noon on Thursday to noon Sale Sign 1 6 = window sipper per sign face than 3 off -site signs shall be metal Tease space holiday. Not to exceed twice or metal finish per sale along any per year. • Window sign one of the numbered shall not highways (1709, 1938, 114) exceed 10% of -79. Political Sign Temporary At 8 feet 72 s.f.; 36 s.f. No limit Signs associated with an the window Grou - per sign face election must be removed area. 6. Residential Temporary Ground 5 feet 8 s.f.; 4 s.f. ]dgund si r No limitation Real Estate Sign per sign face site 7. Land Sign Temporary Ground 5 feet as 64 s.f. 32 s.f. 1l sign per street Shall be removed when a measured per sign face frontage. building permit is obtained fro m the for developme nt on the finished ` subject property. grade street in front of the s� 68. Garage /Yard Temporary Ground 3 feet 8 s.f - 4 s.f. 4 per sale; not more Noon on Thursday to noon Sale Sign per sign face than 3 off -site signs on Monday or any legal with only one sign holiday. Not to exceed twice per sale along any per year. one of the numbered highways (1709, 1938, 114) -79. Political Sign Temporary At 8 feet 72 s.f.; 36 s.f. No limit Signs associated with an Grou - per sign face election must be removed within 7 days after the election. DRAFT September 1, 2006 12 DRAFT September 1, 2006 13 Permanent Permitted/ Sign Sign Area Type Height 910. Home Permanent Attached NA 1 s.f. 1 per site NA Mustbe non- Occupation Sign illuminated. Shall be mounted flat against the wall at the entrance of the home occupation 111. Replace Temporary/ Monument, No permit is Sign Panel Permanent ground, or required as long as attached the sign is not altered (see definition of "alter"). 182. Vehicular Temporary/ Vehicular NA Vehicles parked overnight Sign Permanent shall not be located in fro nt of the building or lease space and, when possible, shall be located to the rear or side of the building not facing a public street. Vehicles may be parked in front of the lease space during active business hours for loading and DRAFT September 1, 2006 13 Table 2: Standards for Window Signs Window signs that meet the following standards shall be exempt frompermit requirements. Window si . hat do not meet the following standards shall be prohibited unless approved as part of a Master Sign Plan. SECTION 6: PERMITTED TEMPORARY SIGNS AND SPECIFIC SIGN REGULATIONS 6.1 TEMPORARY S The sign regulatic . An individual window is defined as an are enestration that is totally bounded by the principal building material and may include all transparent and translucent areas of windows and doors. Aggregate sign area is defined as a sum total of all the window and interior sign area on the aggregate window area available per tenant DRAFT September 1, 2006 14 Table 3: Regulations for Temporary Signs Requiring a Permit Sign Type Permitted Max. Maximum Sign Number of' Location/ Duration Additional Regulations Sign Sign Face Area Signs Minimum Setback Structure Height 1. Banner Attached NA 0.5 s.f. for every 1 1 per lease Attached tot �f nays, twice per The width of the sign shall not foot of width of space building ' �� ar year with a exceed the storefront width building or lease eparation space, but not limited to less than e mits x .�. 20 s.f. and not to exceed 60 s.f. 2. Grand Attached NA 0.75 s.f. for every 1 1 per street Attached to the 15 days. Permitted in addition to the two Opening foot of width of frontage building displayed one `me banner permits allowed in a calendar Banner building or lease within 1 year of year. space, but not issuance of CO. The width of the sign shall not limited to less than exceed the storefront width 30 s.f. and not to exceed 80 s.f. , : _ 3. Special Attached 9 feet for 64 s.f; 32 s.f. per 5 off -site Atorbehind the 21 days, mustbe For events sponsored by non -profit Purpose Sign or ground ground sign face signs and 1 property line; not removed within 3 and civic organizations. The angle signs on-site sign to be placed on days after termination for V- shaped signs shall not exceed public ROW. of event. No more 90 degrees. than twice a year. 4. Banners Attached NA 72 sq.ft. (maximum) 3 per public Cannot be placed 15 days per permit, All banners in public parks shall be in Public or ground park within any public with a total of 2 approved by the Community Services Parks R -O -W permits approved Department prior to application consecutively submittal to the Planning Department. 5. Light Pole Attached NA . +' 1 per light NA As approved by City All light pole banners shall be Banners t pole Council. approved by the appropriate utility Per company prior to consideration by City Council. Light pole banners shall be limited to publicize community -wide events, holiday celebrations, public art, and other city sponsored events. 6. Sandwich NA 4 feet 8 1 per lease Permitted only on Sign shall be • Sign may not exceed 2 feet in Board Signs space sidewalks along removed every day width Main Streets and after the business is DRAFT September 1, 2006 15 3agn Type rermucea Max Ivlaxamum sign lvumner of ocarzonl Lurarzon Haauaonac rcegucacaons Sign Sign Face Area Signs Minimum Setback Structure Height iiternal driveways., closed. • A minimum of 4 feet of sidewalk shall remain clear. • Chalkboards maybe used for daily changing of messages. No readerboards may be used. 7. New Temporar Attached 5 feet for ground 64 s.f.: 32 1 ground sign per Permit may be issued One window sign shall also be Construction y or signs s.f. per si site per street only after apaval of allowed per lease space for For rg ound face for all frontage building per and commercial properties, not to exceed Sale/Leasing non- shall be removed one 10% of the window area. Sign residential year after erection of zoning the sign DRAFT September 1, 2006 16 SECTION 7. PERMANENT SIGNS REQUIRING A PERMIT 7.1 WIND PRESSURE AND DEADLOAD REQUIREMENTS All permanent signs shall be designed and constructed to withstand a wind pressure of not le ' (30) pounds per square foot of area and shall be constructed to receive dead loads as required by the City's currently adopted Building Co permit application must include a statement signed by the applicant which states compliance with this requirement Ntreet typology Distance from Maxlmnm Letter Ego Height Alaxamum Area Vther N'tanaards Edge of'Street m Lease space width Sign Area per 1 Pavement linear foot of lease space Freeways < 100 feet from 24" ° < 20 feet 1.20 Maximum sign area (S.H. 114) frontage road _ _ 21 feet — 30 feet 1.00 of 400 s.f. >1,0�0 feet from For every foot over 100 feet, letter /logo height 31 feet — 50 feet 0.80 frontage road increases at a rate of 0.1" until a maximum of 42" > 50 feet 0.70 Regional Boulevards < 100 feet,. 18" < 20 feet 1.20 Maximum sign area (EM. 1709 and F.M. 21 feet — 30 feet 1.00 of 300 s.f. >100 fee a For every foot over 100 feet letter /logo height 31 feet — 50 feet 0.80 increases at a rate of 0.1" until a maximum of 36" 0.70 > 50 feet MEW Main Streets Any distance Any distance 1.0 External lighting is (Pedestri an ori ented permitted. streets) Maximum sign area of 100 s.f. DRAFT September 1, 2006 17 Street Typology Distance from Maximum Letter Height Maximum Area Other Standards Edge of'Street Pavement Lease space width Sign Area per 1 linear foot of lease space All other streets < 100 feet 16" < 20 feet 1.20 Maximum sign area 21 feet — 30 feet 1.00 of 200 s.f. 31 feet — 50 feet 0.80 >100 feet For every foot over 100 feet, letter /logo height increases at a rate of 0.1" until a maximum of 24" > 50 feet 0.70 Internal < 100 feet 14" < 20 feet 1.20 Maximum sign area driveways /parking 21 feet — 3 " e et 1.00 of 100 s.f. aisles 31 feet — 50 et 0.80 >100 feet For every foot over 100 feet, r/logo height increases at a rate of 0.1" until maxi mum of 21" > 50 feet 0.70 Rom DRAFT September 1, 2006 18 Table 5: Special Attached Sign Standards 3fgn Type 3freef lypofogy where lvumner of 3fgns maximum firea lsquarejeer) c freer 3fanaaras Permitted 1. Blade Sign Main Streets, 1 per lease space,permitted in 8 s.f (total); 4 s.f. per sign face. '' Shall not be higher than the cave line or addition to the 2 attached parapet wall of the top of the principal signs allowed per lease space building, shall be a minimum of seven feet above grade when located adjacent to or projecting over a pedestrian way. Internal Streets /Drives, 1 per lease space in lieu of 1 1 not be higher than the cave line or and Internal Pedestrian attached sign et wall of the top of the principal Way , shall be a minimum of seven feet ade; and shall be adjacent to or pr ecting over a pedestrian way. 2. Menuboard Internal Streets /Drives 2 per site 24s. nface allowed Must be located at the side or rear of the per si principle building. If 2 signs are erected, they must be a mini mum of 18 feet apart. 3. Subdivision Up to 2 attached wall signs 32 s.f. Entry S#eetsAll streets per street entrance in lieu of a subdivision entry monument 4. Drive Internal Streets /Drives 2 pe 'V'V Directional signs, height clearance signs and Through all signage that is not visible from all adjoining streets shall be exempt from this standard as long as the letter height is less than6 inches. Table 6: Monument Signs for Businesses, 1. The signbase and sign structure shall be brlc W stoii, or masoni aterial matching the front fagade of the building. The sign face shall be framed by a minimum of 6" of brick stone, or masonry material matching the front fagade of the building. 2. Signs with changeable copy may not change more than once per day. 3. Main Streets shall not have monument signs. 4. Maximum total height is measured from the finished grade at the center of the sign If the finished grade at the center of the sign is higher than the finished grade of the closest paved surface, then the height shall be measured from the finished grade of the closest paved surface (see illustration - to be added). 5. The monument base shall be a maximum of 2 feet in height and shall be included in the calculation of total height. 6. Address numbers are required on business monument signs. If the area of the address number is 5 square feet or less, the area will not count toward the maximum sign face area. 7. For multi - tenant developments, the development name, if included as an integral part of the monument structure (i.e., not a separate panel), will not count toward the maximum sign face area as long as the area of the development name does not exceed 20% of the allowable maximum sign face area. DRAFT September 1, 2006 19 Table 6: Monument Signs for Businesses 3areei ijpotogy lvumver of 3agns maxzmum maxamumrieagnz maxamum 3tgn maxamum Ivinumum Maximum Maximum Nu Total Height of sign face Face Area (square Number of Sign Required Setbacks Sign Sign Face Sign Structure (feet) feet) Panels Freeways 1 per every 500 feet of 12 feet 10 feet 160 s.f. (total) and 8 15 feet (S.H. 114) highway frontage with a 6 feet 24 s.f. 70 s. 80 s.f. per sign face Two signs Must be located Internal lighting for maximum of 2 A minimumof 6 inches of sign Regional 1 per every 500 feet of 8 feet 6 feet s.f. (total) and 6 12 feet Boulevards (F.M. regional boulevard frontage of the principal .f. per sign face sign face. 1709 and F.M. with a maximum of 2 building. If two 193 8) ;60 All other streets 1 per street frontage with a 6 feet 6 inches 4 s.f. (total) and 6 10 feet m maximu of 2 (separated by a'r signs must be at f. per sign face minimum 500 feed "' "'� ' least 18 feet Table 7: Special Monument Sign Standards Sign Type Maximum Maximum Maximum Nu inholh. Illumination Additional regulations Sign Sign Face Sign Structure Signs Height Area Area 1. Menuboard 6 feet 24 s.f. 70 s. Two signs Must be located Internal lighting for A minimumof 6 inches of sign site. at the side or rear sign panel. structure must completely surround of the principal sign face. building. If two signs are erected, signs must be at least 18 feet apart. 2. Drive- 3 feet r Two signs Located at the Internal lighting for A minimumof 6 inches of masonry Through side or rear or sign panel or material matchingthe building to Non -Food near a driveway surround the sign face Service Directional signs, height clearance signs and all signage that is not visible from all adjoining streets shall be exempt from this standard as long as the letter height is less than 6 inches. DRAFT September 1, 2006 20 Sign Type Maximum Maximum Maximum Number of Location Illumination Additional regulations Sign Sign Face Sign Structure Signs Height Area Area 3. Subdivision Total 50 s.f. per 70 s.f. One per Pe Ground lighting where Shall meet the standards herein unless Entry Height: sign face; street appFo Commo the light itself and Must be approved by City Council on 6'6" 100 s.f. entrance * n areas or as supporting structure are Concept or Development Plan, in Base: 18" per sign Uprovedby City not visible from public dep ejopef'^ affeef °^+, or by a Sign Sign Face: Council ROW. Internal lighting Variance application. 4' may be utilized for Sign sculpted aluminum. _ Structure: panels. 5 ' 4. Bulletin 6 feet 18 s.f.; One per No closer than Bulletin board must have a lockable Board only one subdivision 100 feet from an covering. face entrance, arten- Sign allowed notto must be located A minimumof 6 inches of sign per sign exceed 2 on designated structure must completely surround per common area sign face. subdivision and maintained by HOA. 5. Directory Total 50 s.f. per 70 s.f. One sign Minimum of 75 Ground lighting where A minimum of 6 inches of sign Height: sign face; per street . feet from drive the light itself and structure must completely surround 6'6" 100 s.f. entrance. ., entrance at supporting structure are sign face. Base: 18" per sign ROW. not visible from public Sign Face: ROW. Internal lighting Sign shall only be located along an 4' may be utilized for internal drive or street within the Sign ;, sculpted aluminum development. Structure: panels. 5' 6. Total along Minimum of 15 Ground lighting where Sign must be integral to the permitted Institutional Height ace; _ eet feet from any the light itself and sign for the site. Messages on 6'6" Tiomage on property line; supporting structure are readerboards may not scroll, flash, or Base: 18" any site 500 feet distance not visible from public change more frequently than once a Sign Face: between any two ROW. Internal lighting day. 4' business may be utilized for Sign monument signs sculpted aluminum A minimumof 6 inches of sign Structure: on one site panels. structure must completely surround 5' sign face. DRAFT September 1, 2006 21 .......... Sign Panel DRAFT September 1, 2006 22 Elements of a Monument Sign SECTION 8. MASTER SIGN PLANS 8.1 PURPOSE 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: 8.1.1 8.1.2 8.1.3 8.1.4 Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property, Enhance the compatibility of signs with the architectural and site design features within a development, and Encourage signage that is in character with planned and existing uses thus creating a unique sense of place. Encourage multi - tenant commercial uses to develop a unique set of signs gulations in conjunction with development standards. 8.2 APPLICATION PROCESS 8.3 8.2.1 The applicant shall develop a master sign plan for all sign elements in the dev ntbased on the sign design guidelines established in Section 8.5: 8.2.2 The 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 8.2.3 After 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 APPLICATION REQUIREMENTS A Master Sign Plan Application shall be a written aixl /or illus ated document to depict the proposed signs which shall include: 8.3.1 Proposed sign palette which may include: � Attached Building Signs b, Monument Signs ; C. Window Signs d. Directional Signs /Wayfinding e. Directory Signs f. Pedestrian'Orientc Signs Other 8.3.2 Location of al" proposed signs included in the sign palette 8.3.3 Size and number of all proposed signs including maximum area, letter height, number, height, etc. 8.3.4 Materials proposed for all signs and sign structures. 8.3.5 Color and style palette for all signs (letter colors, background colors, teat fonts, etc.) including context of where signs are to be placed on aM given facade. 8.3.6 Type of illumination proposed (external, internal, etc.) 8.3.7 Landscaping 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. 8.3.8 Any other information as required by the decision making bodies. DRAFT September 1, 2006 23 8.4 DESIGN GUIDELINES 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. a. Proportional size and scale. The scale of signs should be based on the building fagade 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 fagade on which it is placed upon. h the reful ithe DRAFT September 1, 2006 24 Encouraged Discouraged Corporate Franchise Signage. Corporate franchise sgnage 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. 8.4.2 Location and mounting. a. b. 8.4.3 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, and other ornamental features. Attached signs on fascias above storefront windows should, sized to fit within existing friezes, lintels, spandrels, and other such features and not extend above, below, or beyond them Typically, attached signs should be centered on horizontal surfaces (e.g., over a storefront opening). 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 buildings facade compositionwhile still retaining eachbusiness's identity. )rs or color commnauons mat mtenere wim ieginniry of the ;wer identification of other signs should be avoided. an important influence on the legibility of signs. A Tided between the color and material of the background and sign easier to read in both day and night. Light letters on a i a light background are most legible. Light letters on a dark y and night time use. Encouraged DRAFT September 1, 2006 25 Discouraged 8.4.4 Materials. a. Compatibility ofmaterials. Sign materials should be compatible with the design of the 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. Appropriate materials. Sign materials should be extremely durable. Paper and cloth 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. 8.4.5 Sign legibility. AA& a. b. Concise Name Identification. A concise name or limited lines of copy should be used 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. Use symbols and logos. Symbols and logos can be used in place of words whenever 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. Limit the number of letter styles. The number of lettering styles that are used on a 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 educe the sign's ability to communicate. a. Internal illumination. Individually illuminated letters, either internally illuminated or 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 abetter integration of the sign with the structure. b. Use a projected light source. Signs along roadways with slower moving traffic or in pedestrian oriented environment should consider illumination by a 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 DRAFT September 1, 2006 26 8.4.6 Sign ilhunination. 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. Cabinet signs. The use of internally illuminated cabinet signs is discouraged. When such signs are proposed, the background field is required to be opaque so that only the lettering appears illuminated (e.g., routed or push through lettering/graphics). When the background is not opaque, the entire sign face becomes bright and the sign becomes visually separated from the building. As a result, this type of sign can disrupt the ntinuity of the facade Electrical raceways and condztits. "Electrical transf6r'iiief boxes and raceways are required to be concealed from public view. If a raceway cannotbe 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 necessaiv. 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. DRAFT September 1, 2006 27 Discouraged Discouraged 8.4.7 Shopping Center Monument Signs a. Freestanding signs 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. Individual tenant signpanels should be uniform in size. The address, the name of the center or the major to nant may have a larger sign panel. C. The sign structure should be architecturally designed and incorporate design details, materials, and colors of the associated buildings. d. Sign panels 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 8.4.8 a. b. Require consistency (color, size, etc.) of tenant signage in shopping centers. Sims should be designed to complement or enhance the other signs in the center. Wild be encouraged for multi- tenant development. Encouraged 8.4.9 Multi -story corporate offices and hotels. .qUC J � ■ i -1 Discouraged a. Signs should be limited to monuments signs and possibly a single fagade sign of appropriate scale and size that identifies the name of the major tenant or building. DRAFT September 1, 2006 28 SECTION 9. ADMINISTRATION 9.1 ROLE OF THE ADMINISTRATIVE OFFICIAL The City Manager shall appoint the Administrativ conditions of this ordinance. 9.2 9.3 he terms and 0GN PERMIT REQUIRED 9.3.4 9.4 FEES signs. etc. Sign drawing that$'liistrates height length, width, and all other dimensions associated with the sign. are of the owner of the property or the owner's representative stating that the applicant has permission to erect such signs. The Administrative Official shall review a permit application and make a decision on whether to grant or deny the permitwitlhin 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 grantor 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. All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. DRAFT September 1, 2006 29 Encouraged Encouraged 9.5 PERMIT 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. 9.6 APPEALS AND VARIANCES 9.6.1 APPEALS 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. 9.7 RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Administrative Official to interpret and administer the requirements of this ordinance. DRAFT September 1, 2006 30 9.7.1 The 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 inviolation 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. 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 signor the owner of the site onwhich the sign is located. Failure to remove the sign shall be deeineda violation of this ordinance. 9.7.2 The 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. 9.7.3 Whenever 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 determimfon of the Administrative Official: a. C. OBSOLETE SIGNS. Any sign, which the Administrative Official determines to be obsolete, shall be removed by the permit holder, owner of the signor owner of the site on which the signis located. For temporary signs, the sign must be removed as noted on the signpermit 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 deteri"d 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. °. UNSAFE DILAPIDATED OR TERIORATED 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 w hich the sign is located. The removal of the signor portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and welfare. 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 recover such 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 DRAFT September 1, 2006 31 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 beenpicked 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 signor 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 signthat is erected. constructed or otherwise displayed, which the Administrative Official determines to be indirect 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, own f 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 ele the sign must be removed to comply with this section This may include, but is ny of the following: Vow (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 of all structural elements of the sign 9.7.5 The City is authorized to file a hen againsf any property whichis not otherwise exempt to recover expenses incurred by the City for the removal of a sign or portion of a sign from the property. SECTION 11. SEVERABILITY It is hereby declared to be the intention o 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 12. CONFLICTING ORDINANCES 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, i n whic h event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. DRAFT September 1, 2006 32 SECTION 13. 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 dispositionby the courts. SECTION 14. 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." c 7 i by law, and DRAFT September 1, 2006 33