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Item 7C OrdinanceORDINANCE NO. 704 -B SIGN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 704 -BA, THE COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS; 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 FOR LIMITATIONS ON THE LOCATION, SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATIONS OF SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; 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 Xl, 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 Ordnaince No. 704A as the Comprehensive Sign Ordinance of the City; and WHEREAS, the City staff has recommended several amendments to Ordinance No. 704A; 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 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 D Plannmg 17C O,,fi —, 7 0.11 -B d,,N \Conunm ly D eI,pma t li,, O d m 704-B 4on.03 04 d W: \8m tl hlc 'O,dmon ,8i�4s \704 -B S ­032204.do C,D cents mid .03220 WOOL: prp�Pps 1-11 SIGN ORDINANCE NO. 7047 Page i 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 ado t amend oOrdinance No. 704 -A in 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 attached regulations are hereby adopted as the Sign Ordinance of the City of Southlake is hereby amended and shall be and read as set forth in Exhibit "A," attached hereto and incorporated by reference herein 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, 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 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. D T1, g107C- O,,fi —, 7 0.11 -B d,,N \Conunm 1, D eI,pma t lii O d m ,704 -B 8bn.03 04 d W : \So tl l k,'0,dmmi flips \704 -B S - 032204.do C TD cents mid .03220 WOOL: prp�Pps 1-11 SIGN ORDINANCE NO. 7047 Page ii 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. 704RA or any other ordinances affecting the 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 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 or its caption and penalty in the official City newspaper one time within ten 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. D PI,—mg 17C O,dm— 7 0.11 -B d,,N \Conunm 1, D eI,pma t li,, O d m 704-B lo,.03 04 d W : \So tl hlc 'O,dman 9i�4s \704 -B S - 032204.do C T cents mid .03220 WOOL: prp�Pps C-11 SIGN ORDINANCE NO. 7047 Page in PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2004. MAYOR ATTEST CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2004. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney D Plannm� 0"C O�dmance'04 -B docN \Conunm 1, D —1 ...... t O d m X04 B S�n.03 04 d W: \3oi tl hlc 'O�dman 3�,ns \70J -B S - 032204.do C ,D cents mid SIGN ORDINANCE NO. 704 -B Page iv • \ • Pi bi NO . \ • \ \ • • 1 / \ . • ! 1 • 1 • \ • • ! 1 \ \ ! • 11 \ • • • \ • \ ! 1/ ! • 11 \ Viffil ! \/ • • , F pl, w f)V:Lbj\ � TC FIR \11 \ lu x • _ NMI \ \ \ • 11 \ • 1 /l� \ In M LIE EMMA • 11 \ \ • \ • 1/ 1/ ! 1 • • • O 1 \ \ _ 19 • • \ \ 111 \ • 9 • 1 \ \ • I11 \ PRAND \ T C$ PRINUNKC - • ! • \ I l ei 2M ME \ 1- ! \ 11 ! • 11 \ \ \ 1 n ,.F ♦1.,, T ,. ..1 r_,.,,,,,.l,f.,,,4 C ,...,7 WH ERE AS , C th ..;t., oatmo of th G t., of C,,,,t1.1.,1LO 4;,a.1st1..,t th o ligking and size of signs afe fegulated, the scattefing of such signs thfoughout the city "Tould be and D.\Pl u, \07C Ordmm,, 704 B.d, .. Settines \d&M.,it&DRAYOVITCH\My D..n to \704 -B Sm..032204Ad W: \s Alake.,dinan 7 ,04 -B Sign.032204.do L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page v To proteet act acel-t a nd nearby properties, m part eula, residentially To protect the safety and effieieney of the City's transportation net b To enhance the impression of the City which is convff ed to toufists and N4sitors bv To ipAegFaosign Fegtrlatio s more of eotrae�� �A4tn other- r-op ,i°ns�;, ZOPlift li C t Pa D:,Pl ui \07COrd.- 704B.doc .. Se Clines \dcLM,,it,h.DRAYOVITCH\Mv D,mmeuta \704 -B Smn. 032204.,1- W: \— Alake.,di. -- \704 -B Siev .032204.d- L: \CITYDOCSIORD\FINAL \SIGNS \SIGN-- 04A.1)OC SIGN ORDINANCE NO. 704 -B Page vi TO ,.. 4 ..1 0..1..,....o esthetics a nd to „ pA,-„1 th „F th (`;t. ...1 th ,.., li into,-ost i and ,-0,1,,,.0 k 4 s ual „ 1„tto,- and bl; .,,,,1 ,- the he . o1F.,,-o Of th g ,-.,1 ..41;,. BE TT ORD A LNED BY THE CITY COUNCIL OF THE safety a nd NOW T HEREFORE, C IT V 0Ti 80I TTLII A KE 7 T Ti X A C. fffied not more than Five Hundred Dollars ($500.00) for each offense. Each day that a Niolation is SECTION Gc D.\Pl ui \07C Ordv�— 704 B.doc .. Settines \d&M,,it,h.DRAYOVITCH\Mv D,mma,t, \704 -B Sin. 032204 .doc \sonthLke\ordi.- nces,704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN-- 04A.D0C SIGN ORDINANCE NO. 704 -B Page vii D \Plm,nmG\07C Ordm.— 701 -B.doc SIGN ORDINANCE NO. 704 -B Page viii D.\Pl u, \07C Ordmm,, 704 B.doc .. Settines \d&M,,itch.DRAYOVITCH\My D,mma,ta \704 -B Sm.. 032204 .,I- W:\sonthlake Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page ix SIGN ORDINANCE TABLE OF CONTENTS ARTICLE I - IN GENERAL ....................................................................................... ..............................1 SEC. 1 DEFINITIONS ................................................................................ ..............................I A. GENERAL ......................................................................... ..............................I ARTICLE II - ADMINISTRATION ............................................................................ ..............................4 SEC. 2 RESPONSIBILITY FOR ENFORCEMENT .................................... ..............................4 SEC. 3 SIGN PERMIT REQUIRED ........................................................ ............................... 4 SEC. 4 APPLICATION FOR SIGN PERMIT ........................................... ............................... 4 SEC.5 FEES ......................................................................................... .............................45 SEC. 6 CONDITIONAL SIGN PERMIT ................................................ ............................... 45 SEC. 7 REVOCATION OF PERMITS .................................................... ............................... 55 SEC. 8 INSPECTION ............................................................................... ............................... 5 SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS ............................... 56 SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT ........ ............................... 56 SEC. 11 REMOVAL OF SIGNS ................................................................. ............................... 6 A. OBSOLETE SIGNS ........................................................ ............................... 6 B. UNSAFE, DILAPIDATED OR DETERIORATED SIGNS ............................ 6 C. SIGNS ON UTILITY POLES .......................................... ............................... 6 D. SIGNS IN RIGHT -OF -WAY AND /OR ON PUBLIC PROPERTY ............... -6 E. ILLEGALLY ERECTED SIGNS ...................................... .............................6 F. EXTENT OF SIGN REMOVAL ..................................... ............................... 7 SEC. 12 FILING OF LIENS AGAINST PROPERTY ................................ ............................... 7 ARTICLE III - APPEALS AND VARIANCES ........................................................ ............................... 7 SEC. 13 APPEALS ..................................................................................... ............................... 7 SEC. 14 VARIANCES ............................................................................. ............................... 78 ARTICLE IV - GENERAL SIGN PROVISIONS ................................................... ............................... 78 SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS ....... ............................... 78 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS .................... 8 A. ATTACHED SIGN ......................................................... ............................... 8 B. MONUMENT SIGN ....................................................... ............................... 9 C. GROUND SIGN ........................................................... ............................... 9 SEC. 17 PROHIBITED SIGNS .................................................................. ............................... 10 A. GENERAL ..................................................................... ............................... 10 B. OBSCENE SIGNS ......................................................... ............................... 10 D \Pla�nme \07C- Ordmar�ce 701 -B.doc .. _ - 8ettines \dchayovitch.DRAYOVITCH'Mv Do mmmts'704 B Skii.032204 do c W \sonthlak— dma e"- 4-B Sim 032204.d -L':c IT ACS I RD FINAL ITN" lT,N= 04A DOC SIGN ORDINANCE NO. 704 -B Page a C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES ....................... 10 D. OBSTRUCTING VISION /SIGHT TRIANGLE .............. ............................... 10 E. INTERFERENCE WITH TRAFFIC ............................... ............................... 10 F. PORTABLE SIGNS ....................................................... ............................... 10 G. CERTAIN ILLUMINATED SIGNS ............................. ............................... 101 H. SIGNS PROJECTING ON /OVER PUBLIC PROPERTY SEC 20. PERMANENT SIGNS EXEMPT FROM PERMIT ........................ .............................13 OR PUBLIC RIGHT -OF- WAY .................................... ............................... 10 I. ROOF SIGNS ................................................................ ............................... 11 J. SIGNS ON UTILITY POLES ............................................ .............................11 B. MODEL HOME SIGN ................................................... ............................... K. POLITICAL SIGNS ON PRIVATE PROPERTY .............. .............................11 124 O'AIIQ0NkTAWIlu Ile) I a [OIL] [ff►�.7DLfiU�11Y[�7►6 fl : 9D[ �F: �s9�DLNll1 [�IsY[ff►�ND[fiUrkllY[�7►6 fl SEC. 19 PERMANENT SIGNS REQUIRING PERMIT ............................ ............................... 11 A. BUSINESS SIGN ......................................................... ............................... 147 B. MENUBOARD SIGN .................................................. ............................... 147 C. SUBDIVISION ENTRY SIGN .......... ............................... ............................1 D. BULLETIN BOARD SIGN ............... ............................... ............................1 E. DIRECTORY SIGN .......................................................... .............................12 F. INSTITUTIONAL SIGN ................................................... .............................12 G. GASOLINE PRICING SIGN ............. ............................... ............................123 H. DIRECTIONAL SIGN ...................... ............................... ............................132 SEC 20. PERMANENT SIGNS EXEMPT FROM PERMIT ........................ .............................13 A. HOME OCCUPATION SIGN ........................................... .............................13 SEC. 21 TEMPORARY SIGNS REQUIRING PERMIT ............................ ............................... 13 A. BANNER ....................................................................... ............................... 13 B. MODEL HOME SIGN ................................................... ............................... 13 C. SPECIAL PURPOSE SIGN .......................................... ............................... 124 D. DEVELOPMENT SIGN .............................................. ............................... 143, SEC. 22 TEMPORARY SIGNS EXEMPT FROM PERMIT ...................... ............................... 14 A. SUBDIVISION MARKETING SIGN ............................. ............................... 14 B. BUILDER SIGN .......................................................... ............................... 14 C. REAL ESTATE SIGN ................................................. ............................... 1 D. WINDOW SIGN ............................................................ ............................... 15 E. GARAGE /YARD SALE SIGN ....................................... ............................... 15 ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS ............................. ............................... 15 SEC. 23 EXEMPT SIGNS ......................................................................... ............................... 15 SEC. 24 NONCONFORMING EXISTING SIGNS .................................. ............................... 163 SEC. 25 SIGN COPY ................................................................................ ............................... 16 SEC. 26 APPENDICES ............................................................................. ............................... 16 D.\Pla m \07C Ordmm,, 704 B.doc .. Settines \d&M,,itch.DRAYOVITCH\My D,—,t, \704 -B Sm..032204A- W:\sonthlak -di. -- \704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page xi ARTICLE I - IN GENERAL SEC.1 DEFINITIONS A_ GENERAL ADMINISTRATIVE OFFICIAL The City Manager or his or her design representative(s) 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 surface panel. ATTACH To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise mark on an object. BUILDING A structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals, or chattel. Building Y�UILDINQ OF TICATAL. - Formatted: Strikethrough - The _ _ CIVIC ORGANIZATION An organization which offers community programs to citizen, city or civil affairs groups. COMMENCEMENT OF WORK For construction of a sign 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 Puikling__ _ - Formatted: Strikethrough e€€tei-al .Administrative Official has any ofthe following characteristics- - - - - - - - - - - - - - - - - - - - -\ _ _ Formatted: Underline, Font color: Red, Highlight (a) Where elements of the surface or background can be seen, as viewed from the normal viewing Formatted: Underline, Font color: Red, distance, to have portions of the finished material or paint flaked, broken off, or missing, or Highlight 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 clearly read by a person with normal eyesight under normal viewing conditions; or DISTANCE 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 or the shortest horizontal distance in a straight line between the nearest elements of signs. DONATION BIN - A bin or similar structure used for the collection of clothes or non - perishable food items. ERECT To build, 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 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. D.\Pl ni \07COrd.ar 704B.doc .. Settines \d&M,,it,h.DRAYOVITCH\MY Docn A,� 704 -B Smn.032204Ad W: \sonthlake ­di­­ 704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 1 ,FUND RAISER: An activity that takes place for the dole purpose oflaising funds to support community - _ _ - Formatted: Font color: Red, Highlight service organizations, ublic charities, or non- rofit organizations.. p p ----------------- - - - - -- Formatted: Underline, Font color: Red, `� Highlight GROSS SURFACE AREA OR AREA OF A SIGN Methods of area measurement shall be in accordance Formatted: Underline, Font color: Red, with Appendix'A'. ` Highlight Formatted: Underline, Font color: Red, HEIGHT As applied to a sign, height shall be measured as the vertical distance between the highest part Highlight of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign (see Appendix'A' for clarification). 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 trademark of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product. OBSOLETEr Any sign which _________________ _ _ _ __ - _- (1) for at least 12 continuous months, does not identify or a dvertises a bona fide business, lessor, �� . --------------- - - - - -- service, owner, product or activity on the premises on which the sign is located: �� (2) ; f-if the premises is leased, relates to a tenant and at least two vears have elapsed from ��� fhe �thdate the most recent tenant ceased to operate on the premises: or " o (�(3) for which no legal owner can be found and relates to a use or purpose that is no longer i @ 6 v �` v � in existence. 0 vv i on �v OUTDOOR SALES OR SERVICES - The offer or display for sale of any goods, wares, merchandise or on vn services on private property separate and apart from the main building or at a location where there is no a 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 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 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. SCULPTED ALUMINUM PANEL An aluminum sign panel with text or graphic depictions cut out from the panel, 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 right - of -way. SIGHT TRIANGLE There shall be two different sight triangles as depicted in the Subdivision Ordinance. One shall be for public and /or private street intersections and the other for the intersection of private non - single family driveways with public or private streets. SIGN Every sign, name, number, identification, description, and 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 same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of D: \Plmnine \07C- Ordmar�ce 704 -B.doc .. Formatted: Font color: Black, Strikethrough, Not Highlight Formatted: No underline, Font color: Black, Strikethrough, Not Highlight Formatted: Strikethrough Formatted: No underline, Font color: Red, Highlight Formatted: Font color: Red, Highlight Formatted: No underline, Font color: Red Formatted: Indent: Left: 1 ", First line: 0 ", `\ Tab stops: 1.25 ", List tab + Not at 1.7" Formatted: Bullets and Numbering "\ Formatted: Font color: Red ,u Formatted: Font color: Red, Strikethrough Formatted: Font color: Red ���� Formatted: Font color: Red ���� Formatted: Highlight " Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Settin ¢s \dd�ayovitch.DRAYOVITCH\My Do mmmts \704 -B Sie".032204. do c W: \so"thl"ke rdi"""ces \704 -I3Sig". 032204. do cL:\CITYDOCS\ORD\FINAL \SIGNS \SIGN- 704.A.DOC SIGN ORDINANCE NO. 704 -B Page 2 land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. 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. SIGN, BANNER A temporary sign made of cloth, flexible plastic or canvas material. SIGN, BUILDER A temporary on -site sign identifying the builder or general contractor of a residential construction site. SIGN, BULLETIN BOARD A permanent on -site sign providing public information to the residential subdivision within which it is located. SIGN, BUSINESS A permanent 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. SIGN, DEVELOPMENT A temporary on -site sign providing identification or information pertaining to a residential or commercial development to include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall not include a subdivision marketing sign. SIGN, DIRECTIONAL A permanent on -site sign intended to aid in vehicular movement on the site. SIGN, DIRECTORY A permanent on -site sign providing direction to or identifying the buildings in the development. SIGN FACE The surface of one side of a sign. For a monument sign, the sign face shall include the sign structure (excluding base). SIGN, GARAGE /YARD SALE A temporary sign intended to advertise garage sales or yard sales. SIGN, GASOLINE PRICING A permanent on -site 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, 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, INSTITUTIONAL A permanent on -site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. SIGN, MENUBOARD A permanent on -site sign which displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. SIGN, MODEL HOME A temporary real estate sign identifying a homebuilder's model home open for inspection. SIGN, MONUMENT Any sign which is connected to the ground and which has no clear space for the full width ofthe sign between the bottom ofthe sign and the surface ofthe ground. D.\Pl ni \07COrd.a 704B.doc .. Settines \d&M.,it&DRAYOVITCH\My Docn .A 704 -B Smn.032204Ad W: \s Alake dinanc 704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 3 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. 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 ofthose sites sites. 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 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, REAL ESTATE A temporary sign intended to advertise real estate for sale or lease 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 or civic organization. SIGN, SUBDIVISION ENTRY Any permanent on -site sign identifying a residential subdivision. SIGN, SUBDIVISION MARKETING A temporary sign used to market or advertise residential subdivisions within the City and to direct interested persons to the subdivision 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, VEHICULAR Any sign which is affixed to a vehicle. SIGN, WINDOW Any sign located on the internal and /or external surface of the window, or is located within two feet (2') of the window, of any establishment. SITE A lot, tract or pad site. TEMPORARY STRUCTURE A structure without any foundation or footings and that is removed when _ - Formatted: Underline ARTICLE II - ADMINISTRATION SEC. 2 RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Building Administrative Offwial to interpret and administer attd _ - Formatted: Underline m4* -z the requirements ofthis ordinance. Formatted: Not Highlight SEC. 3 SIGN PERMIT REQUIRED No person shall erect, alter or display any sign nor shall any person allow the erection, alteration or display of any sign upon any property within the City owned or controlled by him without first obtaining a permit to do so from the City of Southlake, except as hereinafter provided. No sign permit shall be D.\P n, \07C Ord... 764 B.doc Settin¢s \d&Mo,it,h.DRAYOVITCH\My Dommmta \704 -B Sk.. 032204 .doc \sonthlake\ordiD -races \704 -B Sig n.032204A -L: \CITYD0CS\0RD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 4 released until after the building permit for the principal building on the site has been issued, except as hereinafter provided. SEC. 4 APPLICATION FOR SIGN PERMIT Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: a. Application form shall be completed. b. General plan that illustrates: - Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. - 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. d. Letter from owner of the property stating that the applicant has permission to erect such signs. SEC.5 FEES A. All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. B. An annual renewal fee for applicable temporary signs shall be determined in accordance with the current fee schedule adopted by the City Council. SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the u.n :g Ovia _ _ - Formatted: Strikethrough ,Administrative Official and shall include all documents as required by Section 4 of this ordinance.__ _ _ Formatted: Underline, Font color: Red, Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or Highlight architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the current fee schedule adopted by the City Council. D. ANNUAL RENEWAL FEES: An annual renewal fee for applicable temporary conditional signs shall be determined in accordance with the current fee schedule adopted by the City Council. SEC. 7 REVOCATION OF PERMITS The Administrative Official may suspend or revoke any permit issued under the _ - Formatted: Underline, Font color: Red, provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of Highlight incorrect or false information supplied, or whenever such permit is issued in violation of any of the Formatted: Strikethrough provisions of this ordinance or any other ordinance of this City or laws of this state or the federal D.\P fi, \07COrd.- 704B.doc .. Settines \d&M.,i6DRAYOVITCH\My Docn .A 704 -B Smn.032204A- \— Alake-di. -- \704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 5 government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner ofthe sign, or the owner ofthe 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 ofthe sign in place as a result of the permit shall be removed within 10 days by the owner ofthe sign or the owner ofthe site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. SEC. 8 INSPECTION _ - Formatted: Strikethrough The Administrative Official Pui4ding Offieial shall eriodicall inspect each sign regulated b this --------- - - - - -P - - - - - - -p ------- - - - - - - - - - - - Formatted: Strikethrough ordinance for the purpose of ascertaining whether the same is obsolete and whether it is in need of removal or repair. SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS 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. SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. 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. B. FEE. An investigation fee, in addition to the permit fee, shall 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. SEC. 11 REMOVAL OF SIGNS A. OBSOLETE SIGNS. Any sign, which the Administrative Official na:irt Offieia4 determines to be Formatted: Strikethrough 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 Bu nom ^ial For permanent signs, the sign must be removed by the permit holder, owner of the _ - Formatted: Strikethrough sign, or owner ofthe 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 _ - Formatted: Strikethrough of the decision in accordance with this ordinance, the Administrative Official - - is__ _ - Formatted: Strikethrough authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner ofthe sign or owner ofthe site on which the sign is located. B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Administrative Official Puikliftg _ - Formatted: Strikethrough .u�:,aal 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 ofthe sign or owner ofthe 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 _ _ - Formatted: Strikethrough D.\Plau n, Settinesld&M.,i6DRAYOVITCH\My \07C Ord. 704 B.doc ar Docn .A 704 -B Smn.032204Ad W: \sonthlake ­di­­ 704 -B Siev.032204Ad L:\ CTT'DOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 6 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 Olficialpuilding ^tee °' to be an immediate threat or danger to the p ublic health, safety, or welfare. _Any_ Formatted: Strikethrough expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner ofthe sign or owner ofthe site on which the sign is located. The removal ofthe 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 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 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 may be disposed. The City is not required to notify the permit holder or owner ofthe sign that it has been picked up or that disposal ofthe 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 may be removed by City personnel and the permit holder or owner 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 maybe 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 ofthe sign that it has been picked up or that disposal ofthe sign is imminent. E. ILLEGALLY ERECTED SIGNS: Any temporary sign that is erected, constructed or otherwise Offi displayed, which the Administrative Official ^ Waing determines to be in direct violation of this _ .�� =_gam - -- --------------- - - - - - - l Formatted: Strikethrough 9 ordinance, may be removed by City personnel. The permit holder, owner ofthe sign or owner ofthe 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 Building Offieia . - Upon failure to comply with such notice or to file an appeal of _ - Formatted: Strikethrough the decision in accordance with this ordinance, the Administrative Official is authorized to cause the removal of such sign, and any _ - Formatted: Strikethrough 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 puilding Offieia shall determine to what _ - Formatted: Strikethrough extent the elements ofthe sign must be removed to comply with this section. This may include any ofthe following, but is not limited to the following: 1. SIGN COPY: Removal ofthe text or copy portion ofthe sign. 2. SIGN BOX: Removal ofthe portion ofthe sign excluding the structural support ofthe sign. 3. ENTIRE SIGN: Removal of all structural elements ofthe sign. SEC. 12 FILING OF LIENS AGAINST PROPERTY D.\Pl n, \07COrd.ar 704B.doc .. Settines \d&M,,it,h.DRAYOVITCH\My Docn A,� 704 -B Smn.032204Ad W: \sonthlake dinenc 704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 7 The city is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by the city for the removal of a sign or portion of a sign from the property, pursuant to Section 11 F. ARTICLE III - APPEALS AND VARIANCES SEC. 13 APPEALS Any decision rendered by the Administrative Official under this ordinance may be _ _ - Formatted: Strikethrough 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 placement of 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 b the Administrative Official Build Offie:,a Y .�__ -- Formatted: Strikethrou h 9 Such appeal shall be filed in writing with the Administrative Official _ Building Offieia specifying the__ _ _ Formatted: Strikethrough 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 Formatted: Strikethrough the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Administrative Official &iilding Offieial was in accordance with all ordinances and regulations. The _ - Formatted: Strikethrough decision of the City Council shall be final SEC. 14 VARIANCES 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. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self - imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Administrative Official . Any request for - _ _ - Formatted: Strikethrough variance shall 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. ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with this requirement. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN D.\Pl ni \07COrd.ar 704B.doc .. Settines \d&M.,i6DRAYOVITCH\My Docn .A 704 -B Smn.032204Ad W: \sonthlake dinenc 704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 8 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter /Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 - 200 ft. 24 inches 201 - 250 ft. 30 inches 251 - 300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter /logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MAXIMUM AREA: 0.75 square feet for everyone foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A second sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to percent 2 %) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter /logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75 %) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix'B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18 ") from the building, excluding signs attached to canopies. D.\P fi, \07C Ord —, 704 B.doc .. Settines \d&M,,it,h.DRAYOVITCH\MY Doc" A,� 704 -B Smn.032204A- \ —Alake rdin --c 704 -B Sign .032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 9 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front ofthe building) which faces property zoned for single - family residential uses ifthe sign is within one hundred fifty feet (150') of the property line of said residential property. B. MONUMENT SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance. 2. MINIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. 3. MAXIMUM HEIGHT: Four (4) feet, excluding monument base and sign structure. The monument base may be an additional eighteen (18) inches in height measured from ground level at the center of the base to the top of the base. The sign structure shall not exceed five (5) feet. 4. MAXIMUM AREA: One hundred (100) square feet per sign with a maximum area per sign face of fifty (50) square feet. The maximum area for the sign structure shall not exceed seventy (70) square feet (see Appendix 'A' for measurement criteria). 5. NUMBER OF SIGNS: Only one monument sign, excluding menuboard signs, shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. Monument signs may be no closer than five hundred (500) feet on any one site. 6. MINIMUM SETBACK: Fifteen (15) feet from any property line. 7. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed of the same masonry material as the front building facade on the same site or shall be stone or brick. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six (6) inches from the outer limits of the sign structure. 8. ILLUMINATION: Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from public R.O.W. C. GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. MINIMUM SETBACK: Fifteen (15) feet from any property line. 3. MAXIMUM HEIGHT: Three feet (3') 4. MAXIMUM AREA: Eight (8) square feet with a maximum of four (4) square feet per sign face. 5. NUMBER OF SIGNS: One (1) sign per site. SEC. 17 PROHIBITED SIGNS A. GENERAL Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. D.\P fii \07C Ordn— 704 B.doc .. Settines \d&M.,it&DRAYOVITCH\My Docn .A 704 -B Smn.032204A- W:\sonthlak rdin --c 704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 10 B. OBSCENE SIGNS No person shall erect or display on any site a sign 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. C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES No person shall erect or display on any site any sign which prevents free ingress to or egress from any door, window, or fire escape. D. OBSTRUCTING VISION /SIGHT TRIANGLE No person shall erect or display on any site any sign 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 1, "Definitions." E. INTERFERENCE WITH TRAFFIC No person shall erect or display on any site 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. Nor shall any person 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 interfere with vehicular or pedestrian traffic. F. PORTABLE SIGNS No person shall erect or display on any site any portable sign. Lxeept, heave- er_tha4 ..pen ° majority _- e _ - Formatted: Strikethrough portable sign. Permits shall be issued fo. one thirty (30) day period with at least ninety (90) days separation between permits. G. CERTAIN ILLUMINATED SIGNS No sign shall be illuminated to such an 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. Moving, flashing, intermittent lighted, changing color, revolving, or similarly constructed signs shall not be allowed. 2. No lighted sign shall be 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 1/2 lumen measured from any property line of the residentially zoned property. H. SIGNS PROJECTING ON /OVER PUBLIC PROPERTY OR PUBLIC RIGHT -OF -WAY It shall be prohibited to erect or display any type of sign on or over public right -of -way (ROW) 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. I. ROOF SIGNS D.\P ar ni \07COrd. 704B.doc Settinesld&M.,it&DRAYOVITCH\My Doc" .A 704 -B Smn.032204Ad W: \sonthlak rdmanc 704 -B Sign. 032204.docL: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 11 Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited. Any sign attached to a fascia extending above the projection of the fascia shall be prohibited. The painting or otherwise affixing of signs on a roof is prohibited. SIGNS ON UTILITY POLES No person shall erect or display any sign on any utility pole located upon any public right -of -way or utility easement. K. POLITICAL, SIGNS ON PRIVATE PROPERTY A person commits an offense if the person displays a political sign on private property unless the person has the permission of the property owner and the sign: 1. is not more than eight feet high; 2, has an effective area less than - 30 square feet; 3. is not illuminated; 4. does not have any moving elements; and 5. is not generally available for rent or purchase and /or designed to carry commercial advertising or other messages that are not primarily political. ARTICLE V - SPECIFIC SIGN REGULATIONS SEC. 18 SPECIFIC SIGN REGULATIONS This article regulates the type of sign structure allowed for each type of sign permitted by this ordinance. Each of the signs identified in this article is subject to the general sign provisions set forth in Article IV except where modifications to the general regulations are noted. SEC. 19 PERMANENT SIGNS REQUIRING PERMIT Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of the following signs. A. BUSINESS SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: None B. MENUBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Six feet (6). C. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be allowed per sign. d. MAXIMUM NUMBER OF SIGNS: No more than two (2) signs per site. e. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear of the principal building. If two (2) signs are erected, signs must be at least eighteen (18) feet apart. f ILLUMINATION: Internal lighting may be utilized for sign panel. C. SUBDIVISION ENTRY SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument D: \Pl2nnine \07C- Ordmarce 704 -B.doc .. Settin ¢s \dd�ayovitch.DRAYOVITCH\My Do wmmts \704 -B Skii.032204. do 6 V:\,- thhkbrdinenc 704 -B Sign. 032204. do cL: \CITYDOCS \ORD\FWU \SIGNS \SIGN- 704.A.DOC SIGN ORDINANCE NO. 704 -B Page 12 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Attached sign may not project above top of wall b. MAXIMUM AREA: Thirty-two (32) square feet for attached sign C. MAXIMUM NUMBER OF SIGNS: One (1) monument sign or two (2) attached wall plaque signs (not a combination thereof) per street entrance d. PLACEMENT OF SIGN: Monument sign may be located on median at street entrance if approved by City Council on Concept Plan, in developer's agreement, or by a separate application. D. BULLETIN BOARD SIGN 1. PERMITTED SIGN STRUCTURE: Attached, monument and /or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER / LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Six (6) feet C. MAXIMUM AREA: Eighteen (18) square feet. Only one face allowed per sign. d. MAXIMUM NUMBER OF SIGNS: One (1) per subdivision entrance, not to exceed two (2) per subdivision e. MINIMUM SETBACK: Not applicable f LOCATION WHERE ALLOWED: No closer than one - hundred (100) feet from an arterial. Sign must be located on designated common area and maintained by the home owner's association. g. MATERIAL REQUIREMENTS: Bulletin board must have a lockable covering. Masonry requirement shall not apply. E. DIRECTORY SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM SETBACK: Seventy -five (75) feet from drive entrance at right -of -way. b. MAXIMUM NUMBER OF SIGNS: One (1) sign per street entrance. C. RESIDENTIAL ADJACENCY: Not applicable d. LOCATIONS WHERE ALLOWED: Only distance measurements shall apply. INSTITUTIONAL SIGN 1. PERMITTED SIGN STRUCTURE: Attached and /or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: i. Sign must be integral to the permitted sign for the site. ii. Messages on readerboards, whether electronic or manual, may not scroll, flash, or change more frequently than once a day. iii. Manual readerboard signs using alphabetical lettering must have a lockable covering. b. MAXIMUM AREA: Readerboard display cannot exceed two- thirds (2/3) of the permitted gross surface area per face of the sign, excluding monument sign border. C. ILLUMINATION: Internal illumination may be utilized for sign panel. G. GASOLINE PRICING SIGN 1. PERMITTED SIGN STRUCTURE: Monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: i. Sign must be integral to the permitted sign for the site. ii. Price - per - gallon display, whether electronic or manual, may not scroll, flash, or change more frequently than once a day. b. MINIMUM LETTER HEIGHT: Not applicable for the fuel classification (i.e. "Unleaded ", "Diesel ", etc.) and the price - per - gallon display. C. MAXIMUM AREA: Price - per - gallon display cannot exceed two- thirds (2/3) of the permitted gross surface area per face of the sign, excluding monument sign border. D.\P fii \07COrd.a 704B.doc .. Settines \d&M.,itch.DRAYOVITCH\M, D..mwta \704 -B Sk.. 032204.doc \sonthlake\ordi. -"ce \704 -B Sig n.032204A -L:\CITYDOCS\ORD\FTNAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 13 d. NUMBER OF SIGNS: One (1) per site. e. ILLUMINATION: Internal illumination may be utilized for fuel classification and price - per - gallon panels only. H. DIRECTIONAL SIGN 1. PERMITTED SIGN STRUCTURE: Monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Three (3) feet b. MAXIMUM AREA: Eight (8) square feet with a maximum of four (4) square feet per sign face. C. NUMBER OF SIGNS: Maximum oftwo (2) signs per site. SEC. 20 PERMANENT SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. HOME OCCUPATION SIGN 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER / LOGO HEIGHT: Not applicable b . MAXIMUM AREA: One (1) square foot c. MAXIMUM NUMBER OF SIGNS: One (1) d. LOCATION WHERE ALLOWED Any sign must be non - illuminated and mounted flat against the wall at the entr of the home occupation. SEC. 21 TEMPORARY SIGNS REQUIRING PERMIT A permit shall be required for the following signs: A. BANNER 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: 0.5 square feet for every one foot of width of building or lease space not to exceed fifty (50) square feet. b. MAXIMUM NUMBER OF SIGNS: One (1) per site C. DURATION: Maximum fifteen 15 days, twice per calendar year with a sixty (60) day separation between permits. B. MODEL HOME SIGN 1. PERMITTED SIGN STRUCTURE: Monument and /or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Five (5) feet for ground signs b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty -two (32) square feet per sign face C. MAXIMUM NUMBER OF SIGNS: One (1) sign per builder per subdivision d. MATERIAL REQUIREMENTS: Not applicable C. SPECIAL PURPOSE SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Nine (9) feet for ground signs b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty -two (32) square feet per sign face C. MAXIMUM NUMBER OF SIGNS: Six (6) total per event or occasion, not to exceed five (5) off -site signs and one (1) on -site sign D.\Pl n, \07COrd.ar 704B.doc .. Settines \d&M.,itch.DRAYOVITCH\M, D..mwta \704 -B Sk.. 032204.doc \sonthlake\ordi. -races \704 -B Sig n.032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 14 d. PLACEMENT TIME: Twenty -one (21) days, must be removed within three (3) days after termination of the event. No more than twice a year. e. MATERIAL REQUIREMENTS: Not applicable f RESIDENTIAL ADJACENCY: Not applicable D. DEVELOPMENT SIGN 1. PERMITTED SIGN STRUCTURE: Monument and /or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Five (5) feet b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty-two (32) square feet per sign face C. MAXIMUM NUMBER OF SIGNS: One (1) per site d. DURATION: Sign maybe installed at anytime after the issuance of the building permit for a commercial development or approval of the developer's agreement for a residential subdivision. The sign must be removed within one (1) year or upon the issuance of a certificate of occupancy for a commercial development and upon the issuance of a certificate of occupancy on seventy -five percent (75 %) of the lots within the subdivision for a residential subdivision. e. MATERIAL REQUIREMENTS: Not applicable SEC. 22 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. SUBDIVISION MARKETING SIGN 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: One (1) sign for every twenty (20) platted and unoccupied lots, not to exceed a total of four (4) signs b. LOCATION OF SIGNS: No sign may be placed closer than fifty feet (50') from an intersecting R.O.W. C. MINIMUM SETBACK: Not applicable d. PLACEMENT TIME: 12:00 noon Friday to 5:00 a.m. Monday, prohibiting placement between 4:00 p.m. and 8:00 p.m. Friday and prohibiting pickup prior to 7:00 p.m. Sunday. e. DURATION: Signs may be placed upon subdivision approval. The signs shall be valid for one (1) year from subdivision approval or upon issuance of a certificate of occupancy on seventy -five percent (75 %) ofthe lots. f PHASE OUT PROGRAM: Signs for houses permitted on or before 12/01/98 will be allowed the following regulations: i. DEFINITION: A temporary sign used to market or advertise residential subdivisions and builders within the City of Southlake and direct interested persons to the subdivision location ii. MAXIMUM NUMBER OF SIGNS: Three (3) signs advertising the salve item per grouping of signs iii. LOCATION OF SIGNS: No sign may be placed closer than fifty feet (50') from an intersecting R.O.W., signs advertising the salve item may be no closer than ten feet (10') apart iv. MINIMUM SETBACK: Not applicable v. PLACEMENT TIME: 12:00 noon Friday to 5:00 a.m. Monday, prohibiting placement between 4:00 p.m. and 8:00 p.m. Friday and prohibiting pickup prior to 7:00 p.m. Sunday. vi. After June 1, 1999, section 22.A.2.f shall be deleted in its entirety. B. BUILDER SIGN 1. PERMITTED SIGN STRUCTURE: Ground D: \Play nine \07C- Ordmarce 704 -B.doc .. Settin ¢s \dd�ayovitch.DRAYOVITCH\My Do wmmts \704 -B Skii.032204. do c W: \,o thhk ,dinenc 704 -BSign. 032204. do cL: \CITYDOCS \ORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 15 2. MODIFICATIONS TO GENERAL REGULATIONS: a. DURATION: Signs may only be placed after issuance of a building permit and must be removed upon the issuance of a certificate of occupancy. b. MINIMUM SETBACK: Not applicable C. REAL ESTATE SIGN 1. PERMITTED SIGN STRUCTURE: Attached, monument, and /or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER / LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Five (5) feet above grade for ground signs; below roof line for attached C. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty-two (32) square feet per sign face d. MAXIMUM NUMBER OF SIGNS: One (1) per site e. MINIMUM SETBACK: Not applicable for ground signs four (4) square feet or less per face in area D. WINDOW SIGN Window signs may not obscure more than fifteen percent 15% of the window area per facade, measured and located within ten (10) vertical feet from the at -grade exterior entrance to the lease space. The area of the sign shall be measured by the smallest box that could be drawn around the continuity of the sign (see Appendix `B' for further clarification). No illuminated window signs shall be allowed within two feet of the window glazing except for open /closed signs. E. GARAGE /YARD SALE SIGN 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: Four (4) per sale; not more than three (3) off -site signs, with only one (1) off -site sign per sale along any one (1) of the numbered highways (1709, 1938, 114); all signs must display the street address of sale b. MINIMUM SETBACK: Not applicable C. PLACEMENT TIME: 12:00 noon Thursday to 12:00 noon Monday or on any legal holiday d. FREQUENCY LIMITATION: Not to exceed twice per year ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS SEC. 23 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: A. Vehicular signs, unless the sign is used or intended to be used as an on -site or off -site sign. It shall be prima facie evidence that a sign is used as an on -site or off -site sign if a vehicle is parked at the salve location for a continuous period exceeding seventy -two (72) hours. No person shall attach any sign 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. B. Warning and security signs. C. 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. D.\Pl ni \07C Ordnance 704 B.doc .. Settin¢s \d&M,,it,h.DRAYOVITCH\My Docm mta \704 -B SL.. 032104 .doc \sonthlake\ordiD -aces \704 -B Sig n.032204A -L: \CITYDOCS\ORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 16 D. "No Dumping" and "No Trespassing" signs. E. Signs in public parks placed inside ballfield 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 ofthe field. C-F. Signages attached to upon--a temporary structures utilized speciciallyspecifically for outdoor sales or- - - Formatted: Bullets and Numbering services or any other signs which are approved in a specific use permit authorizing the outdoor sales or services H_. Signages attached to try�etra donation bin. .- - - Formatted: Bullets and Numbering H. Signs associated with fimd raisers /sales, provided that the activity is an authorized accessory use as - defined in Zoning Ordinance 480.., .- SEC. 24 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 ofthis 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. SEC. 25 SIGN COPY Notwithstanding anything contained herein to the contrary, any sign authorized in this ordinance is allowed to contain non - commercial (ideological) copy in lieu of any other copy. SEC. 26 APPENDICES Formatted: Font: (Default) Times New Roman, Font color: Red, Highlight Formatted: Indent: Hanging: 0.5" Formatted: Bullets and Numbering Formatted: Font: (Default) Times New Roman, Font color: Red, Highlight Formatted: Font color: Red, Highlight Formatted: Indent: Left: 0.25' It is anticipated that the following appendices will be changed periodically by the Administrative Official Puil din g - Offi c ial in response to changes In the administration of this ordinance. _ - t Formatted: Strikethrou h D.\Pl ni \07COrd.ar 704B.doc .. Settines \d&M.,it&DRAYOVITCH\My Docn .A 704 -B Smn.032204Ad W: \sonthlake dinenc 704 -B Sign .032204A -L: \CITYDOCSIORD\FINAL \SIGNS \SIGN- 704A.DOC SIGN ORDINANCE NO. 704 -B Page 17