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0704F OFFICIAL RECORD ORDINANCE NO. 704-F SIGN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 704 -E, THE COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENT SIGNS; PROVIDING FOR STANDARDS FOR SIGNS REQURING PERMITS AND NOT REQURING PERMITS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake previously adopted Ordinance No. 704 -D as the Comprehensive Sign Ordinance of the City the provisions of which have been codified as Chapter 15.5 of the Southlake City Code; and WHEREAS, the City staff has recommended amendments to Ordinance No. 704 -E; 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 i with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City; and WHEREAS, the City Council further finds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS, the City Council deems it necessary to amend Ordinance No. 704 -E 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 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, which shall replace in full the regulations contained in Ordinance 704 -E and Chapter 15.5 of the Southlake City Code. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the ii incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 704 -E, Chapter 15.5 of the Southlake City Code, 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 post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary 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. iii 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. PASSED AND APPROVED ON FIRST READING ON THIS 21 DAY OF FEBRUARY, 2012. rit1- MAYOR P20 TeR) 0 „0 00000 ATTEST: -(): )� m ° CITY SECRETARY ' (.3 `° PASSED AND APPROVED ON SECOND READING ON THIS 6 DAY OF MARCH, 2012. MAYOR l? c Ten ATTEST: y •• -A etki Gc¢� • CITY SECRETARY ° EFFECTIVE: io q , JDae) APPROVED' AS 0 FOR 4 A 1 LEGALITY: L / Ade City Attorney iv EXHIBIT A Sign Ordinance Table of Contents Section 1 — Title 1 Section 2 — Purpose and Intent 1 Section 3 — Noncommercial Signs and Messages 1 Section 4 — Definitions 1 Section 5 — Applicability 9 5.1 — Nonconforming Existing Signs 9 5.2 — Prohibited Signs 9 5.3 — Exemptions 10 5.4 — Limited Exemptions 12 Table 1 —Sign Regulations for Signs Exempt from the Requirement of a Sign Permit 12 Table 2 — Standards for Window Signs 14 Section 6 — Permitted Temporary Signs and Specific Sign Regulations 15 6.1 — Temporary Signs Requiring a Permit 15 Table 3 — Regulations for Temporary Signs Requiring a Permit 15 Section 7 — Permanent Signs Requiring a Permit 17 7.1 — Wind Pressure and Deadload Requirements 17 7.2 — Sign Regulations 17 Table 4 — Attached Signs 17 Table 5 — Special Attached Sign Standards 19 Table 6 — Monument Signs for Businesses 19 Table 7 — Special Monument Sign Standards 20 Section 8 — Master Sign Plans 23 8.1— Purpose 23 8.2 — Application Process 23 8.3 — Application Requirements 23 8.4 — Design Guidelines 24 Section 9 — Administration 29 9.1 — Role of the Administrative Official 29 9.2 — Sign Permit Required 29 9.3 — Application 29 9.4 — Fees 29 9.5 — Permit Expiration 30 9.6 — Appeals and Variances 30 9.7 — Responsibility for Enforcement 30 9.8 — Penalty for Violation 32 Section 10 - Severability 32 Section 11 — Conflicting Ordinances 33 Section 12 — Savings Clause 33 Section 13 — Publication Clause 33 Section 14 — Effective Date 33 Appendix A — Design Guidelines for Existing Building For Sale/Leasing Ground Signs 34 v d SECTION 1. TITLE This ordinance shall be known as the City of Southlake Sign Ordinance. SECTION 2. PURPOSE AND INTENT The purpose of this ordinance is to create the legal framework for a comprehensive and balanced system of signage in the City. These regulations are intended to provide an easy and pleasant communication between people and their environment and avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. In addition to protecting the health, welfare, and safety of the community, these standards are adopted in order to: 2.1 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 building design; 2.4 Protect and enhance scenic views and natural landscapes; 2.5 Protect and enhance economic viability of the City's commercial corridors by assuring aesthetic appeal to businesses and residents alike; 2.6 Promote the use of aesthetically pleasing sign materials, colors, and types; and 2.7 Require safe and effective signage. SECTION 3. NONCOMMERCIAL SIGNS AND MESSAGES Any sign that can be displayed under the provisions of this ordinance may contain a noncommercial message. SECTION 4. DEFINITIONS 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 surface panel. ki\ ARCHITECTURAL DETAIL: Any projection, articulation, relief, cornice, column, change of building material, window or door opening on any building. ATTACH: To stick, tack, nail or otherwise affix a sign to any object. AWNING: A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be 1 IF „ ? - '' raised or retracted to a position against the building when not in use. 1 BANNER See SIGN, BANNER. solo sew, BUILDING: A structure which has a roof supported by walls so, i'' • for the shelter, support, or enclosure of persons, animals, or Awnings chattel. CERTIFICATE OF OCCUPANCY (C.O.): An official certificate issued by the City which indicates conformance 1 with building, zoning, and health and safety regulations and '— ' — " — ' — • — " — " — ' — • — " T • authorizes legal use and occupancy of the premises for which I it is issued. I I I CIVIC ORGANIZATION: An organization which offers community programs to citizen, City or civic affairs groups. Monument I • Sign i COMMENCEMENT OF WORK: For construction of a sign, • Minimum I I commencement of work shall be the point in time when the 1 Setback 1 sign has been delivered to the site and attachment to a building I 1 has begun or holes are excavated for ground installation. I I Building I sign OR DETERIORATED CONDITION: Any I I g n which in the opinion of the Administrative Official has I any of the following characteristics: t I (a) Where elements of the surface or background can be seen, ,%,,, I as viewed from the normal viewing distance, to have I portions of the finished material or paint flaked, broken ' °s I off, or missing, or otherwise not in harmony with the rest �' 41 1 of the surface; or (b) Where the structural support or frame members are M ona ! E x _ n visibly bent, broken, dented, or torn; or i _ R-O-W Li .elProperty Line ° i _ (c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to tea. constitute an unsightly or harmful condition; or skeet Measuring setbacks and minimum distance (d) Where the sign or its elements are twisted or leaning or at between monument signs 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 r read by a person with normal eyesight under normal I viewing conditions. I DISTANCE BETWEEN SIGNS: The shortest straight line horizontal distance between the nearest elements of signs. I DISTANCE FROM EDGE OF PAVEMENT: The shortest Di . ` e straight line horizontal distance from the edge of the street of Pavement pavement to a vertical line to the ground from the nearest 1 T element of the sign. E 1 / j Building DISTANCE FROM PROPERTY LINE (also Setback from a Location of o I Building Signs Property Line): The shortest horizontal distance from the nearest property line to a vertical line to the ground from the W I , nearest element of the sign. I H---------'7--- DISTANCE FROM R.O.W.: Distance of signs from R.O.W. I Distance to E. shall mean the shortest horizontal distance from the nearest I of Pavement R.O.W. to a vertical line to the ground from the nearest i element of the sign. \ RA -W Line /Properly Line Ed • e of Pavement DONATION BIN - A bin or similar structure used for the Straat collection of clothes or non - perishable food items. 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 2 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 Logo Height encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 � 1 . 6 degrees of one another, they are to be considered as part of a . single facade. Letter Height FUND RAISER: An activity that takes place for the sole purpose of raising funds to support community service Measuring letter and logo height 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, and/or icon in a sign. ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. LEASE SPACE: An area of a building separated intemally and intended for use by an individual tenant. LOGO: Any registered or recognized symbol, letter, or Example of an illuminated sign combination of symbols and letters used by an organization, individual, company, or product for advertising to identify that organization, individual, company, or product. MASONRY MATERIALS: Masonry materials include brick, stucco, cement, concrete tilt wall, stone, or other masonry or materials of equal characteristics. OBSOLETE: Any sign which (a) For at least 6 continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity on the premises on which the sign is located; or (b) If the premises is leased, relates to a tenant and at least 6 months have elapsed since the date the most recent tenant ceased to operate on the premises; or (c) No legal owner can be found and relates to a use or purpose that is no longer in existence. OUTDOOR SALES OR SERVICES: The offer or display for sale of any goods, wares, merchandise or services on private property separate and apart from the main building or at a location where there is no preexisting principal use. 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. 3 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 -1A, SF -1B, SF -2, SF -30A, SF -30B, SF- 20A, SF -20B, R -PUD, MF -1, and MF -2 zoning districts. Also included in this definition are all residentially designated lots in the DT, TZD and EC zoning districts. RIGHT -OF -WAY (R.O.W): A strip of land, other than a EAST drainage or utility easement, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric Sign transmission line, oil or gas pipeline, water main, sanitary or Area storm sewer main, or for another special purpose. 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 Measuring sign area on a monument sign the inner side of the panel. SETBACK: The distance from the closest portion, whether the support or edge of the sign, to the property line. Sign Area r SIDEWALK: A pedestrian walkway that is grade- separated „ s from the adjacent street or drive when located adjacent to a street or drive. SIGHT TRIANGLE: Refer to the Subdivision Ordinance. The sight triangle shall also be applicable to drives. SIGN: Every sign, name, number, identification, description, Measuring sign area for an attached sign 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 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 in its entirety. SIGN AREA, AGGREGATE: The sum total of all the window and interior sign area on the aggregate window area available per tenant. SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building (including canopy fascia, walls and awnings) which encloses or covers usable space. 4 SIGN, ATTACHED BUSINESS: A permanent attached on- site sign that is used to identify a business, profession, SUITES AIA1 LAB „ organization, institution, service, activity or other www.SALONESTETICA • nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of 817-329-1927 m the site or development or may identify the occupants within the site or development. A primary business sign is attached Example of a banner sign to a facade facing a street or vehicular driveway access. SIGN, BANNER: A temporary on -site sign made of cloth, flexible plastic or canvas material. SIGN BASE: See sign, monument. IMF SIGN, BLADE: An attached sign oriented perpendicular to the face of the building which projects more than twelve (12) ffi inches beyond the surface of the building to which it is affixed r o or supported. f SIGN, BOXED CABINET: An attached sign that is mounted on the face of a building that is roughly rectangular in shape 11EZ and provides for internal illumination and changing of the message of the sign by replacing a single transparent or Example of a blade sign translucent material such as a Plexiglas/lexan face. SIGN, BULLETIN BOARD: A permanent ground sign or monument sign within a residential subdivision for displaying r qop-- news and information for subdivision residents. SIGN, BUSINESS MONUMENT: A permanent on -site ____ monument sign that is used to identify a business, profession, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within Example of a directional sign the site or development. SIGN, CAFE UMBRELLA: A sign painted on or otherwise affixed to an umbrella at an establishment with outdoor seating. SIGN, DEVELOPMENT /CONSTRUCTION: A temporary - = on -site ground sign that pertains to a new nonresidential development or a new residential development of 4 or more lei lots that is approved or under construction. W 0= 74 SIGN, DIRECTIONAL: A permanent on -site attached sign intended to aid in vehicular movement on the site SIGN, DIRECTORY: A permanent on -site attached or monument sign providing direction to or identifying the Example of a drive through sign buildings in the development. SIGN, DRIVE THROUGH: A permanent on -site attached or monument sign located immediately adjacent to, within, or 5 over a drive through lane that is associated with sales conducted from an automobile. SIGN, DRIVE THROUGH - NON -FOOD SERVICE: A drive through sign associated with sales from an automobile that are not related to food service sales. SIGN, EXISTING BUILDING FOR SALE/LEASING: An on -site sign intended to advertise a building or buildings for sale or lease after the building(s) have been occupied for a year or more SIGN FACE: The surface of one side of a sign. e,e S° r KE SIGN, GARAGE/YARD SALE: A temporary ground or banner sign intended to advertise garage sales or yard sales. SIGN, GASOLINE PRICING: A permanent on -site monument sign which displays the price per gallon of fuel sold by that business, and which may be periodically changed to reflect changes in fuel prices. SIGN, GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or an agency thereof. SIGN, GRAND OPENING BANNER: A banner permitted Example of a light pole banner sign within 1 year of the issuance of a Certificate of Occupancy (C.O.) for a business. SIGN, GROUND: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. - -- SIGN, HOLIDAY: Any sign that is associated with the celebration of a recognized holiday or celebration. #•_ SIGN, HOME OCCUPATION: An attached on -site sign at the z , entrance of a home occupation. E - SIGN, LAND: A temporary on -site ground sign on vacant a land intended to advertise land for sale including unplatted R c tracts of land. S SIGN, LIGHT POLE BANNER: A banner sign attached to a - - light pole along a public street or within a public park. J SIGN, MENUBOARD: A drive through sign associated with menu and pricing for food services and may include an -m - audible speaker and microphone integral to the sign. SIGN, MODEL HOME: A temporary on -site real estate sign Elements of a monument 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 of the sign between the bottom of the sign and the surface of the 6 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 material and/or extends horizontally from the rest of the sign structure. SIGN, NEW CONSTRUCTION FOR SALE/LEAS1NG: A temporary on -site sign intended to advertise a newly constructed existing building or buildings for sale or lease. Sign SIGN, OFF -SITE: A sign which directs attention to a P a n e I business, commodity, service, good, product, or entertainment not related to the site upon which such sign is located or to which it is affixed. it SIGN, ON SITE: Any sign, the content of which relates to the - site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites. _ Example of a sign panel 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 of 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 displayed on public park property. SIGN PERMIT: The official authorization by the City to alter, erect, or display any sign not exempted by this it r _ _ — — _ ordinance. Example of a Parks and Recreation banner sign SIGN, POLITICAL: A type of off -site sign which refers only (Displayed on the Rustin Park pavilion) 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: A sign that utilizes alternating electronic data control components or 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. 7 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 on -site sign identifying existing residential buildings and/or lots for sale or lease on all residentially zoned and platted lots. SIGN, RESTRICTED PARKING: A temporary or permanent sign in a parking lot that restricts parking for any reason. SIGN, ROOF: Any sign that is: (a) Erected on a vertical framework supported by and located Example of a roof sign 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 eave line of a sloped roof or parapet of a flat roof. SIGN, SANDWICH BOARD: A portable sign consisting of two panels of equal size, which are hinged at the top and placed on the ground or pavement so as to be self - supporting. SIGN, SPECIAL PURPOSE: A temporary sign that is either on -site or off -site that provides identification or information Example of a sandwich board sign pertaining to a special event or occurrence sponsored by a non - profit or 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: Any sign constructed of cloth, canvas, Example of a subdivision entry sign 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 attached to or supported by a vehicle or trailer, or is located within a vehicle "—. and is yet visible. '� SIGN WALKER (HUMAN DIRECTIONAL SIGN): A � person, visible from the public R.O.W., that is holding, twirling, or wearing a sign, wearing lights, or wearing a costume to draw attention to a business, project, place, or Aggregate window area event. SIGN, WAYFINDING: A government sign that provides direction to locations and facilities. 8 SIGN, WINDOW: Any sign affixed to any internal and/or external surface of a window, or is located less than ten (10) feet from the window of any establishment. : • 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 11 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 facade per tenant. Examples of sign walkers 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 sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit shall be required to erect a new sign. 5.2 PROHIBITED SIGNS All of the following signs are prohibited unless approved by City Council. 5.2.1 Signs attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees, excluding political signs on private property. 5.2.2 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 problem by 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 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. 9 5.2.5 Signs erected or displayed on or over public right -of -way (R.O.W) or other public property, excluding wayfinding signs and signs erected by the City, County, State or other authorized governmental agency, or with the permission of the City, for public purposes. 5.2.6 Signs directly painted on buildings, except for signs less than a five (5) square foot area used for building identification. 5.2.7 Obscene signs in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. 5.2.8 Portable signs, with the exception of sandwich board signs which comply with the 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 m such a 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 Readerboard signs, with the exception of bulletin board signs, drive through signs, and gasoline pricing signs which comply with the regulations set forth m Section 7.2. 5.2.13 Illuminated signs erected or displayed within one - hundred fifty (150) feet of a single - family residentially zoned property unless the lighting is shielded from view of the residentially zoned property and indirect light does not exceed the intensity as specified in Lighting Ordinance No. 693 -B, as amended. 5.2.14 Roof signs. 5.2.15 Any sign attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes, nor shall it be interpreted to prohibit bumper stickers. 5.2.16 Sign walkers. 5.2.17 Structural or non - structural additions or attachments to monument signs, excluding structural modifications for which a valid permit has been issued. 5.2.18 Boxed cabinet signs attached to buildings. 5.2.19 Awning signs. 5.2.20 Commercial signage on grocery cart corrals ( "Return cart here" signs under 6 square feet are permitted). 5.2.21 Signs illuminated with anything other than white light or a similar type light unless approved by the Administrative Official. 5.2.22 Any lighting projected onto a building, excluding customary exterior building and site illumination (as determined by the Administrative Official) and permitted sign illumination. 5.2.23 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 high voltage, 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 in public parks placed inside ball field fencing by the City, which are intended for advertising to raise funds for recreation programs which have copy on only one face with the copy facing toward the interior of the field. 5.3.5 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 authorizing the outdoor sales or services. 5.3.6 Signs attached to a donation bin. 10 5.3.7 Signs associated with fund raisers /sales, provided that the activity is an authorized accessory use as defined in Zoning Ordinance 480 as amended. 5.3.8 Non - illuminated names of buildings, dates of erection, monument statues, commemorative tablets and the like when carved into stone, concrete, metal, or any other permanent type of construction and made an integral part of an allowed structure or made flush to the ground. Monumental commemorative sculpture and/or graphic art in any medium and including images depicting real or allegorical persons, non - commercial themes or symbols, historical scenes and events or idealized scenes, and inscribed dedications or quotations, permanently attached to and incorporated into the overall design of all or part of one or more facades of a community center, religious institution, school, library, museum, hospital, or similar public or private, non - profit, institutional or civic structures. 5.3.9 Any traffic sign, public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. 5.3.10 Traffic control signs on private property, such as Stop, Yield, and similar signs, and which contain no commercial message. 5.3.11 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 permitted on a building fagade or monument sign. 5.3.12 Retail store window displays of merchandise, freestanding three- dimensional promotional items (with or without proprietary words or symbols solely describing the merchandise and/or merchandise that is sold in the store), and/or display fixtures not affixed to windowpanes. 5.3.13 Holiday lights and decorations with no commercial message. 5.3.14 Restricted parking signs required or authorized by city ordinance or by law, including but not limited to handicap parking signs. 11 . ° a" 4 5 tu >, t., o t• o E o a Q y d T a 4 'o o ° c d .� b aQ , a) (Ni 7) i o . o.ci no et c • • ... n . � •� d b - 0 u .°o • ° O a) a) a o ° a 3 a:o . �� 3 t 3 a) O °vi d5 5 �o • • a) a o O Clo CU o �° w �`"� 8 D on a ct as 0 w ?: o ° ow r) A °" a o co ro. 3 o°. � a�cc� > � � , ° a o i d o ° 0 0 0 0 p C o 0 v' O. 0 a a) ) w D o °" o > 0 3 b c co o 1. , T Q p CS ai '� u o on 6 c o o b >, O L.. t~ . > . n 0 act - ° . cd >, .5 8 \0 ,, i a) U a Q � > , o " ai ° o �o zoo * • A rA 0 ° 0 0 cs a)' O - " F n u " Ob ou=y o O a cs ai o n o o� n o.0 cn o a sa a Q aUa as n Z o .d •o 0 tb •5 .0 o 6, y a tb .0 o U z❑ w 0 �, o e'. a' 0 cu n a) ' fn 'n . 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' a° a an a , o cn 7 °° o w a o .� o .: 0 .� o .� V) oo 0 U CV E .t,4 oo ao C 0 t .0 w Q .0 , A , a a B O �O bA bA y cd; go vi .0 E�:p allcA(4 V) E - O PI i i) V1 V1 M v] b a) U V> N p f� O O � 0 o 0 3 ti L , E * tv 0 v) .4 14 v-i • Ms - . r ;ti u6ig luatunuolk lelol !' W r ., ,' e wns ubis .asee u6is awnuoh k , ape,i u6is R . i 41 11r i ‘51 ' L T' ' 1 i I 1 ip i { -as tJ) o t . 3 C, 1 0 1 Ln Z C) I r r i 1 fir. ° z w ix) if 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 Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property; 8.1.2 Enhance the compatibility of signs with the architectural and site design features within a development; and 8.1.3 Encourage signage that is in character with planned and existing uses thus creating a unique sense of place. 8.1.4 Encourage multi- tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards. 8.2 APPLICATION PROCESS 8.2.1 The applicant shall develop a master sign plan for all sign elements in the development based on the sign design guidelines established in Section 8.4. 8.2.2 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. 8.3 APPLICATION REQUIREMENTS A Master Sign Plan Application shall be a written and/or illustrated document to depict the proposed signs which shall include: 8.3.1 Proposed sign palette which may include: a. Attached Building Signs b. Monument Signs c. Window Signs d. Directional Signs/Wayfinding e. Directory Signs f. Pedestrian Oriented Signs g. Other 8.3.2 Location of all 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, text fonts, etc.) including context of where signs are to be placed on any 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. 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. Proportional size and scale. The scale of signs should be based on the building facade 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 facade on which it is placed upon. LOWE'S • r+ Encouraged Encouraged C. ! �. Discouraged Discouraged b. Integrate signs with the building. Signs should be designed so that they are integrated with the design of the building. A well designed building facade or storefront is created by the careful coordination of sign and architectural design, and a coordinated color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building. Sign placement and design should be reviewed within the context of building design. 3 � _ Encouraged Discouraged 24 c. Corporate Franchise Signage. Corporate franchise signage should conform to the community's visual desires while maintaining some elements of corporate identity. Corporate logos should fit the context, color, scale and building elements. 8.4.2 Location and mounting. a. Signs should be mounted in locations that respect the design of a building and site, including the arrangement of bays and openings. Signs should not obscure windows, (including second story windows), window trim/molding, grillework, piers, pilasters, and other ornamental features. b. Attached signs on fascias above storefront windows should be sized to fit within existing friezes, lintels, spandrels, and other such features and not extend above, below, or beyond them. Typically, attached signs should be centered on horizontal surfaces (e.g., over a storefront opening). c. When a large building contains several storefronts, signs for the individual businesses should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity will reinforce the building's facade composition while still retaining each business's identity. p� Encouraged Discouraged 8.4.3 Color a. Avoid using too many colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. b. Use contrasting colors. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both day and night time use. „, ir Qom A • Encoui i< <d Discouraged 25 8.4.4 Materials. a. Compatibility of materials. 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. a. 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. b. 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. c. 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 reduce the sign's ability to communicate. Encouraged Discouraged T DENTISTRY SC : RO 1 R ORTHOD S C Discouraged 8.4.6 Sign illumination. 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 a better 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 26 light on the sign and generally a portion of the building's face as well. Projected lighting emphasizes the continuity of the structure's surface and signs become an integral part of the facade. The use of small, unobtrusive fixtures for external (projection) lighting is encouraged. Avoid the use of oversized fixtures that are out of scale with the sign and structure. Whenever projection lighting is used (fluorescent or incandescent), care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right -of -way. Signs should be lighted only to the minimum level required for nighttime readability. c. 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 continuity of the facade. § O le 1 rIIIrrI Encouraged Discouraged d. Electrical raceways and conduits. Electrical transformer boxes and raceways are required to be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway should be finished to match the background wall, or integrated into the overall design of the sign. If raceways are necessary, they should be as thin and narrow as possible and should never extend in width or height beyond the area of the sign's lettering or graphics. All exposed conduit and junction boxes should also be concealed from public view. L _. ; A ..� k r �, T ► Y Discouraged e. Neon Signs. Neon/L.E.D. or similar types of lighting are discouraged. "lir M i not' l n Discouraged Discouraged 27 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 sign panels should be uniform in size. The address, the name of the center or the major tenant may have a larger sign panel. c. 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. Summit Dental Care - — mamma 4i uruuent 1 :- m -4Il -W _ AG RO CHIROPRACTIC ALL- Te Encouraged Discouraged 8.4.8 Shopping Center Store Signage. a. Require consistency (color, size, etc.) of tenant signage in shopping centers. b. Signs should be designed to complement or enhance the other signs in the center. c. A coordinated sign program should be encouraged for multi- tenant development. .y_ Encouraged Discouraged 8.4.9 Multi -story corporate offices and hotels. a. Signs should be limited to monuments signs and possibly a single facade sign of appropriate scale and size that identifies the name of the major tenant or building. 28 NORTEL s_. ;_ NETWORKS ' i i' 1 Encouraged Encouraged SECTION 9. ADMINISTRATION 9.1 ROLE OF THE ADMINISTRATIVE OFFICIAL The City Manager shall appoint the Administrative Official who shall administer and enforce the terms and conditions of this ordinance. 9.2 SIGN PERMIT REQUIRED No signs, unless exempted under Section 5.3 and Section 5.4, shall be erected, displayed, or altered within the City of Southlake without a duly approved sign permit from the City. The Administrative Official or designee shall ensure that all sign permits are granted only in compliance with the provisions of this ordinance. Further, no sign permit shall be issued unless a Certificate of Occupancy (for existing development) or building permit (for new development) has been issued. 9.3 APPLICATION Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: 9.3.1 Application form shall be completed. 9.3.2 General plan that illustrates: a. Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. b. Position of the sign in relation to rights -of -way, easements, buildings, structures, existing signs, etc. c. Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. 9.3.3 Signature of the owner of the property or the owner's representative stating that the applicant has permission to erect such signs. 9.3.4 The Administrative Official shall review a permit application and make a decision on whether to grant or deny the permit within fourteen (14) days of submittal of a fully completed application. If additional information is required of an applicant in order to complete an application, the applicant shall be notified of that fact within fourteen (14) days. Thereafter, the Administrative Official shall make a decision on whether to grant or deny the permit within fourteen (14) days of receiving the additional information or a written certification from the applicant that the application is complete. Any application for which the Administrative Official fails to grant a decision within the first fourteen (14) day period shall be deemed denied. 9.4 FEES All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. 29 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 Any decision rendered by the Administrative Official under this ordinance may be appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be received within ten (10) days after the 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 by the Administrative Official. Such appeal shall be filed in writing with the Administrative Official specifying the grounds on which the appeal is based. The Administrative Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Administrative Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final. 9.6.2 VARIANCES a. Variance Authorized. The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. b. Approval Standards. In granting any variance, City Council shall consider the following criteria: (i) Special conditions exist which are peculiar to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same zone. The City may attach such conditions to granting all or a portion of any variance necessary to achieve the purpose of this ordinance, and; (ii) The strict interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of the ordinance, and; (iii) The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences, and; (iv) Granting the variance will meet the objectives of the ordinance and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare, and; (v) The request will be the minimum variance necessary to alleviate the special hardship or practical difficulties faced by the applicant in meeting the requirements of this ordinance; and; (vi) Granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. c. Application Process. Any request for a variance shall be made to the Administrative Official and be accompanied by a completed application and a non - refundable filing fee in the amount specified in the current fee schedule adopted by City Council. 9.7 RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Administrative Official to interpret and administer the requirements of this ordinance. 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 in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. A person may appeal the revocation of the sign permit to the City Council by filing an appeal in accordance with this ordinance. The City Council shall affirm, reverse, or modify the suspension or revocation and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. 9.7.2 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 determination of the Administrative Official: a. OBSOLETE SIGNS. Any sign, which the Administrative Official determines to be obsolete, shall be removed by the permit holder, owner of the sign or owner of the site on which the sign is located. For temporary signs, the sign must be removed as noted on the sign permit application or within three (3) days after receiving written notification to do so from the Administrative Official. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site 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. b. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Administrative Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. If the permit holder, owner of the sign or owner of the site on which the sign is located fails to remove or repair the sign within ten (10) days after such notice or to file an appeal of the decision in accordance with this ordinance, the Administrative Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Administrative Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and welfare. c. SIGNS ON UTILITY POLES. Any sign that is erected, constructed or otherwise attached to a utility pole located upon any public right of way or utility easement may be removed by the City unless otherwise permitted by this ordinance. The installer, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the City fee schedule to 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 31 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. d. SIGNS IN RIGHT -OF -WAY AND /OR ON PUBLIC PROPERTY: Any sign that is erected, constructed, or otherwise located within or upon public right -of -way or on public property unless otherwise permitted by this ordinance may be removed by the City. The owner or installer of such sign shall be charged a sign recovery fee in accordance with the City fee schedule to recover such sign from the City. No such fee shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed in the right -of -way by the permit holder or owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy -two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. e. ILLEGALLY ERECTED SIGNS. Any sign that is erected, constructed or otherwise displayed, which the Administrative Official determines to be in direct violation of this ordinance, may be removed by City personnel. The permit holder, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the City fee schedule to recover such sign from the City. Any such sign removed by City personnel may be held for a period of seventy -two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site on which the sign is located within a reasonable time period as determined by the Administrative Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Administrative Official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. f. EXTENT OF SIGN REMOVAL. The Administrative Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include, but is not limited to, any of the following: (i) Removal of the text or copy portion of the sign. (ii) Removal of the portion of the sign excluding the structural support of the sign. (iii) Removal of all structural elements of the sign. 9.8 PENALTY FOR VIOLATION 9.8.1 Any person who erects a sign that is in not in compliance with of any provision in this Ordinance, shall be assessed a penalty by the Administrator equal to Five Hundred Dollars ($500.00) per incidence. Each day the violation exists shall be considered a separate incident. A violation, penalty, or requirement of this ordinance that is not rectified within 90 days or a time period determined as reasonable by the Administrator shall become subject to Section 9.7.4. SECTION 10. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 32 SECTION 11. 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, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 12. SAVINGS CLAUSE All rights and remedies of the City of South lake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for signs that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 13. PUBLICATION CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 14. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and its publication as required by law, and it is so ordained. 33 Appendix A Design Guidelines for "Existing Building For Sale/Leasing Ground Signs" "Existing Building For Sale/Leasing Ground Signs" shall be designed in accordance with the following guidelines (see attached Figure 1 for illustration): 1. Sign Post: a. Material: Shall be of 3 — 4 inch extruded metal with decorative finials. b. Height: Shall not exceed 5 feet in height, excluding finials. Finials shall not exceed 9 inches in height. c. Color: shall be black 2. Sign Frame: a. Same material as the sign post b. Same color as the sign post c. Height — Any decorative element over the sign frame shall be limited to a maximum of 9" 3. Sign Face: a. Material: Shall be made up of 1 /a" to %z" plastic or aluminum coated MDO or plastic cored aluminum b. Area - Each sign face shall not exceed 12 square feet. Sign may be two - sided. c. Color — Background color shall be one of the following: white, gray, or beige /cream. Foreground color (font and logo) shall be black. 34 ! 0 ; I 1 P e44..- to T 1( wal c WI Z cA a) (x wsi s 71 0 w ao c c g as tb w t° xeu4 1 WI ft WI 1 vs 1 Pus a .- o ,E mm y h a) �+ CO CV C E C (sj� G 0 U N E N ti) r p w 3 I: 0 06 Baal S 35 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 320139381 FORT WORTH, TX 76102 ° 2 9 2WW2 (817) 390 -7761 Invoice Date: 2/17/2012 Federal Tax 1D 26- 2674582 a F' ( y- k j ' 1 Terms: Net due in 21 days Due Date: 2/29/2012 Bill To: CITY OF SOUTHLAKE PO Number: 21200238 1400 MAIN ST Order Number: 32013938 STE 440 �� I" Sales Rep: 073 tC SOUTHLAKE, 440 Tx 76092-7604 CI Y CF NARY Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 2/17/2012 Descr Location Col Depth Linage MU Rate Amount PUBLIC HEARING NOTICE L 2gaINOtICCS -- �� I Not ce by to all Ater- € 1 75 75 LINE 517.29 $1,296.50 ested persons that the City of 1 and 2, Block 1, Tower Plaza Southlake, Texas, will consider the Addition, on property described as following items in the Council Tracts 3B and 3801 and a portion ($1,178.25) Chambers at Town Hall, 1400 Main of Tract 3001, O.W. Knight Survey, Street, Southlake, Texas for the: Abstract No. 899, City of Southlake, Planning & Zoning Commission on Tarrant County, Texas and being P Thursday, February 23, 2012, at currently addressed as 821, 829 and $10.00 6:30 p.m. or immediately following 835 E. Southlake Boulevard, the Planning & Zoning Work Ses- Southlake, Texas. Current. Zoning: sion, will hold a public hearing and 5 -P -1 - Detailed Site Plan District consider: and AG - Agricultural District. SPIN • Ordinance No. 1022, Consolidated Neighborhood 4 9. Future Land Use Plan, a component City Council on Tuesday, March 6, Net Amount: V • O $12 of the Southlake 2030 Compre- 2012, at 5:30 p.m. or immediately tisi tlpl hensive Plan. following the City Council Work ` ��11 / / /� � Planning & Zoning Commission on Session, will hold a public hearing ��` L. HO Thursday, March 8, 2012, at 6:30 and consider: `�� ` 44 I y ■ p.m. or immediately following the • Ordinance No. 704 -F, 2nd Reading, �� ` .• p Planning & Zoning Work Session, City of Southlake Sign Ordinance, 4C` • �P'1 P(J8 �/ ' • Qt will hold a public hearing and amending Ordinance No. 704E, �; consider: City Council on Tuesday, March 20, .; n Z • ZAl2 -012, Preliminary Plat for Lots j 2012, at 5:30 p.m. or immediately • 2 � , S following the City Council Work = • / N rij Session, will hold a public hearing Z • Li>` .. and consider: • Ordinance 480 -616 (ZAl2 -004), j •• . �' OF e � Zoning Change and Development • • .OXPIB 0 . � Plan for Westwyck Court, on y// ' •••• •+0► THE STATE OF TEXAS B n Fosdter Survey, Abstract No. / / / 'ki `�11�1111\�` County of Tarrant 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas Before me, a Notary Public in a and being currently addressed as personally appeared Deborah Baylor Norwood, Bid and Leg Coordinator for 1205 and 1255 Randol Mill Ave., ay p y pp Y 9 the Star - Telegram, published b' Southlake, Texas. Current Zoning: rth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an - Sing AG- Ale gr R ral esid Districen D ist and 5F rict. p p - 4A above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 - 2323 Requested Zoning: R -PUD - Resi- dential Planned Unit Development ` ^\� District. SPIN Neighborhood 4 5. ��1d l,` �O ©`1 • Ordinance No. 1022, 2nd Reading, Consolidated Future Land Use Plan, a component of the Southlake 2030 SUBSCRIBED AND SWORN T Comprehensive Plan. ru 20, 2012. All interested persons are urged Lo / • City of Southlake / / , . �J ,. 1 10.1`� �` Alicia Richardson, TRMC City Secretary Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 320139381 Invoice Amount: $128.25 PO Number: 21200238 Amount Enclosed: $ MAR 3 4 2m2 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. RFCE4 \ /ED Invoice Number: 320403491 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 3/8/2012 Federal Tax ID 26- 2674582 � „ 2i in Terms: Net due in 21 days AER, - Due Date: 3/31/2012 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: 21200238 1400 MAIN ST Order Number: 32040349 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 3/8/2012 Descri CITY OF SOUTHLAKE L Col Depth Linage MU Rate Amount ORDINANCE NO. 704 -F Depth e AN ORDINANCE AMENDING ORDI CITY O HENSIVE ORD NANCE GULAT- 1 NO 13580 1 63 63 LINE $17.30 $1,089.86 ING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; Sales Disc FOR V PURPOSE AND INTENT OR ($992.13) THE ADOPTION OF THIS ORDI- NANCE; PROVIDING FOR DEFINI- MIS( Fee TIONS; PROVIDING FOR APPLI- $10.00 (ABILITY; PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENT SIGNS; PRO- VIDING FOR STANDARDS FOR SIGNS REQUIRING i;tRMITS AND NOT H BITING PERMITS; PRO- Net Amount: $107.73 VIDING FOR EXEMPT SIGNS; PROVIDING FOR REQUIREMENTS o1111111JJ// FOR MASTER SIGN PLANS; AL- ``�� I- LOWING NONCOMMERCIAL A ` �7 (IDEOLOGICAL) COPY ON SIGNS; 4 ••" '• PROVIDING FOR ADMINISTRA- �'� Q- •'Y P(/e' TION AND ENFORCEMENT; PRO- -. �` O 't � L Q L VIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; 3 : z- I.- : * • � • \ PROVIDING FOR THE REMOVAL +• i : ~ _ OF SIGNS; PROVIDING FOR AP- i ; (1j• � PEALS AND VARIANCES; PRO- .. "f ' VIDING THAT THIS ORDINANCE r• • �O 1 `�' SHALL BE CUMULATIVE OF ALL �i � •• ; (PIR T STA S E I CLAUSE; PR VID- CAT ',/ y / / J �►11 ' 1 n 1111 11' ` IONS HEREOF; PROVI DING A SAVINGS CLAUSE; PROVIDING Before me FOR PUBLICATION IN PAMPHLET , ount and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for FORM; PROVIDING FOR PUBLI ' y Y P Y PP Y 9 the Star -T CATION IN THE OFFICIAL NEWS 9legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the at PAPER; AND PROVIDING AN EF , nt was publishes in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM FECTIVE DATE. (817) 215 Any person who erects a sign that is in not in compliance with of any ( provision in this Ordinance, shall Ps A. .� be e assessed the a penalty by the e Signed ��.►`y Administrator equal to Five Hun - SUBSCRI dred Dollars ($500.00) per inci- dence. Each day the violation exists ME, THIS Thursday, M re • 012. shall be considered a separate / incident. A violation, penalty, or a/JAC) requirement of this ordinance that Notary Public �` /r/ / /� -.11-) is not rectified within 90 days or a time period determined as rea- sonable by the Administrator shall become subject to Section 9.7.4. Passed and approved this the 6th day of March, 2012 during the regular City Council meeting. Thank Mayor: John Terrell nt Attest: Alicia Richardson, City Sec - _ retary Rem To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 320403491 Invoice Amount: $107.73 PO Number: 21200238 Amount Enclosed: