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2006S29-Sign Ordinance ORDINANCE NO. 06-5-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REPEALING ORDINANCE NO. 02-S-2, ARTICLE IX, SIGN STANDARDS, AND CREATING A NEW ORDINANCE REPLACING ARTICLE IX, SIGN STANDARDS; ESTABLISHING A PENALTY; REPEALING CONFLICTING ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I "THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby repealing Ordinance No. 02-S-2, Article IX, Signs Standards, of the Unified Development Code and replacing Article IX, Sign Standards, as attached hereto as Exhibit A." SECTION II THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION III THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. ZC2006-006 - Unified Development Code, Article IX (Sign Standards) Approved on first reading the I J.-~ day of :fUAJ~ ,2006. PASSED, APPROVED AND ADOPTED the &10 ~ ATTEST: (SEAL OF THE CITI) ZC2006...()06 - Unified Development Code, Article IX (Sign Standards) day of .::fi.tIJL ,2006. EXHBIT "A" ARTICLE IX- SIGNS PAGE SECTION I Purpose 2 SECTION 2 Definitions 2 SECfION 3 Applicability 5 SECTION 4 Administrative 5 SECTION 5 General Requirements 6 SECTION 6 Removal of Signs 9 SECTION 7 General Sign Provisions 10 SECTION 8 Non-Conforming Signs 16 SECTION 9 Licenses 17 SECTION 10 Violations 20 Page 1 af21 05/18/2006 ARTICLE IX-SIGN STANDARDS SECTION - 1 PURPOSE IX.l.l The City recognizes the safety, commercial, emergency, and informational needs for signs. This Article has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City, including its ETJ. Additionally, this Article is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City's Comprehensive Land Plan. SECTION - 2 DEFINITIONS Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to a business product, service, or activity, which is no longer conducted upon the premises. Advertising: To convey information, to seek the attraction of or to direct the attention ofthe public to any location, event, person, activity, goods, service or merchandise. Balloon Sign: Inflatable and other gas filled advertisement devices. Bandit Sign: Any temporary ground sign announcing a subdivision or new development. Bench Sign: A sign painted on or affixed to a bench normally used for outdoor seating. Billboard: A structure primarily erected to display an off-premise sign. Board of Adiustrnent: The Commission established by City Council under the City Charter and the Texas Local Government Code that reviews and acts upon variance requests. Builder Directional or Development Sign: Any temporary realty sign that announces a new subdivision or model home. Building Mounted Sign: A sign attached to, or supported by any part of the building that encloses or covers usable space and is related to the business within, including but not limited to wall signs, signage on awnings, canopies, or marquees, and projecting signs. City Building Official: The individual appointed by the City Manager, or their designated representative charged with the enforcement ofthis Article. Community Service Sign: Any sign that solicits support for or advertises a non-profit community use or activity, public use or activity, or social institution. Damaged Sign: A. Any sign where any portion of the finished material, surface or message area of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or Page 2 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS B. Any sign whose elements or the structural support or frame members are visibly bent, broken, dented, tom, twisted, leaning or at angles other than those at which it was originally erected. Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Electric Sign: Any sign containing or using electrical power. Electronic Sign: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEOs, LCDs or a flipper matrix. Flag: A piece offabric or distinctive design that is used as a symbol or as a signaling device. Freestanding Sign: A sign that is not attached to a building and which is self supporting. Garage Sale Sign: (See Code of Ordinances Chapter 10). Governmental Sign: Any sign indicating public facilities, work projects, services or other places, programs, or activities conducted by the federal, state or any local government. Identification Sign: A sign whose purpose is to identify: A. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex name. Street markers are signs adjacent to streets required by local government. B. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring exclusively to the name, location, product, person, accommodation, service, or activity ofthose premises, or the sale, lease or construction of those premises. C. Personal, or Professional Signs and Nameplates: Any sign that lists exclusively a name or names (including family/farm name signs). Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign not meeting the requirements established in this Article. Limited Access Highways: Interstate Highway 35 and Interstate Highway 10. Multi-Tenant Sign: A sign that identifies the names and locations of tenants m a multi-tenant building or in a development made up of a group of buildings. Monument. Low Profile or Berm Sign: A permanent freestanding ground sign. Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, ordinances and approvals in effect at the time of installation or last significant modification, but which does not comply to laws or ordinances enacted subsequent to that time. Off-Premise Sign: Any sign that relates to products, services, or activities not located on or offered on the premises where the sign is located. Page 3 of21 05/1812006 ARTICLE IX-SIGN STANDARDS On-Premise Sign: Any sign relating to the premises on which it is located referring to names, locations, products, services or activities on or offered on such premises, or the sale, lease, or construction of such premises. Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non-rigid material, which may be used to announce grand openings and/or special events. Political Sign: Any sign announcing or promoting the candidacy of one or more persons for elective public office, concerning any political issue appearing, or which is to appear, on the ballot in any public election, or otherwise relating to issues of national, state, or local governmental affairs. Portable or Mobile Sign: Any sign designed or constructed to be easily moved from one location to another or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized mobile structure. A portable or mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this Article. Prohibited Sign: Any sign that does not meet the requirements established in this chapter Article. Realtv Sign: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building. Setback: The horizontal distance between a sign and the property line, as measured from the outer most part of the sign, including its extremities and supports, nearest to any point on an imaginary vertical plane projecting from the property line. Shopping Center: Two (2) or more retail stores and/or service establishments, or one (1) or more retail stores and one (I) or more service establishments sharing customer parking area and entrance ways, regardless or whether said stores and/or establishments occupy the same or separate structures or are under separate ownership. Sign: A name, identification, description, display, or illustration which is affixed directly or indirectly upon the exterior of a building or structure or upon a piece of land which directs attention to an object, person, product, place, activity, service institution, or business. Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures, devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the allowable square footage of sign area, only one (I) side of a double-face sign shall be considered. Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. Page 4 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community. Unlimited Access Highway: State Farm to Market Roads 78, 482, 1103, 1518, 2252, 3009 and Schertz Parkway. Variance: Relief granted for an exceptional condition that poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying a sign as required by this Article. Such practical difficulty or hardship must be clearly exhibited and must be a result of an external influence and not be self-imposed. Visibility Triangle: The triangular sight area from the comer of converging streets to a distance of twenty-five feet (25') along each street with the triangle completed by drawing a line through the property from both twenty-five foot (25') points on the converging streets. Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. SECTION - 3 APPLICABILITY IX.3.1 General Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. .A. Other Laws: The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. B. Partial Invalidity: In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. C. Existing Signs: All signs legally in existence on the date of the adoption of this Article shall be permitted to continue without change. SECTION - 4 ADMINISTRATION IX.4.1 General: The Building Official is hereby authorized and directed to enforce the provisions of this Article and other laws and ordinances applicable thereto. The Building Official shall have the authority to render interpretations of this Article and other laws and ordinances applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein. IX.4.2 Ap9lications: The Building Official shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City of Schertz and its ETJ. Page 5 of21 0511 8/2006 ARTICLE IX-SIGN STANDARDS IX.4.3 Inspection: The Building Official or designated representative shall make all inspections necessary to ensure compliance with all state and local requirements governing signage. IXA.4 Notices and Orders: The Building Official shall issue all necessary citations, notices or orders to ensure compliance with this Article. IXA.5 Right of Entrv: Where it is necessary to make an inspection to enforce the provisions of this Article, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article, the Building Official is authorized to enter premises at reasonable times to inspect or to perform the duties imposed by this Article, provided that if such premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. IXA.6 Department Records: The Building Official shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records. IXA.7 Liability: The Building Official, members of the Board of Adjustment, or City employees charged with the enforcement of this Article, while acting for the City of Schertz in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws or ordinances, shall not thereby be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City of Schertz until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article. SECTION - 5 GENERAL REQUIREMENTS IX.5.l 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 of Schertz or its ETJ owned or controlled by them without first obtaining a sign permit to do so from the Building Official, except as hereinafter provided. No sign permit shall be released by the Building Official until after the building permit for the principal building on the site has been issued, except as hereinafter provided. A. Electrical Permit: No person shall install and connect electrical systems for a sign within the City of Schertz or its ETJ without first obtaining a electrical permit to do so from the Building Official, except as hereinafter provided. The Building Official shall issue no electrical permit for a sign until after the principal sign permit for such work has been issued. Page 6 of21 05/1812006 ARTICLE IX-SIGN STANDARDS B. Work Exempt From a Permit: Exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or ordinances of the City Of Schertz. I) Governmental Sign - Any sign: a. Erected or maintained pursuant to and in discharge of government functions; b. Required by law, ordinance or City regulation; or c. Located on property owned, leased or under the control of the federal or state government. 2) Political Sign: Any political sign that meets all applicable state requirements. 3) Railway Sign: Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway. 4) Utility Sign: Any sign marking utility or underground communications or transmission lines. 5) Vehicle Sign: Any sign displayed or used upon motorized vehicles. 6) Holiday Sign: Any temporary sign containing only holiday messages and no commercial advertising. 7) Plaques: Any commemorative sign of a recognized historical society or organization. 8) Private Traffic Control Sign: Anyon-premise sign that directs the movement of traffic on private property or warns of obstacles, overhead clearances, or controls parking, including, but not limited to, entrance and exits signs. The sign must be less than ten (10) square feet in effective area, less than six (6) feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians. 9) Electrical Repairs and Maintenance: An electrical permit shall not be required for minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles. IX.5.2 Application: The following information shall be required for each application for a permit: A. Completed building permit application obtained from the Inspection Department. B. A site plan which includes: I) Location of all buildings, structures or tracts to which or upon which the sign is to be attached or erected. 2) Position of the sign in relation to rights-of-way, easements, buildings or structures and other existing signs. Page 7 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS C. Plans that illustrate height, length, width and all other dimensions associated with the sign. Plans shall include all electrical elements of the sign. D. Letter or copy of a contract signed by the owner of the property stating that the applicant has permission to erect such sign. IX.5.3 Fees: All fees for a sign permit shall be in accordance with the current fee schedule adopted by City Council. A. A permit shall not be valid until such fee has been paid. An amendment to a permit shall not be released until the additional fees, if any, have been paid. B. Where work for which a permit is required by this Article has been started prior to obtaining a permit, the fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) from any other penalties prescribed by this Article or any other law or ordinance applicable thereto. IX.5A Action on AlJplication: The Building Official shall examine or cause to be examined application for permits and amendments thereto within fifteen (15) business days after filing. If the application or the construction documents do not conform to the requirements of this Article and other pertinent laws or ordinances, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this Article and other laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable. IX.5.5 Time Limitation of Application: An application for a permit for any proposed work for which a permits has not been issued shall be deemed abandoned six (6) months after the date of filing. The Building Official may, in his discretion, grant one or more extensions for additional time not exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause demonstrated. IX.5.6 Condition of Permit: A permit issued under this Article shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this Article or other law or ordinances applicable thereto. Nor shall issuance of a permit prevent the Building Official from thereafter requiring correction of errors in plans, construction, or removing violations of this Article or other laws or ordinances applicable thereto. Every permit issued shall become invalid within six (6) months after its issuance if the work is not completed unless otherwise stated in this Article. One or more extensions of time, for periods not more than ninety (90) days each, may be allowed at the discretion of the Building Official. The extension shall be requested in writing before such permit has expired. Permits issued under this Article are non- transferable from one person to another. IX.5.7 Suspension or Revocation: The Building Official is authorized to suspend or revoke a permit issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurateoor incomplete information, or in violation of this Article or any other laws or ordinances applicable thereto. Page 8 of21 0511812006 ARTICLE IX-SIGN STANDARDS IX.5.8 Public Right-of-wav. Allevs and Easements: A permit shall not be given by the Building Official for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement. IX.5.9 Placement of Permit: The permit or copy thereof shall be kept on the site until the work permitted in completed. IX.5.l0 Temporary Signs: The Building Official is authorized to issue a permit for temporary signs. Such permit shall be limited as to time of service, but shall not be permitted for more than forty-five (45) days, and shall not exceed four (4) permits per calendar year. The Building Official is authorized to grant extensions for demonstrated cause. Temporary signs shall conform to all the requirements of this Article and other applicable laws and ordinances. The Building Official is authorized to terminate any permit for a temporary sign, if the sign is determined abandoned or in violation ofthis Article or other applicable laws or ordinances. lX.5.l1 Appeal: An individual who has been denied permit or had a permit revoked may appeal in writing along with the established filling fee to the Board of Adjustment within ten (10) days after the date of denial or revocation. SECTION - 6 REMOVAL OF SIGNS IX.6.1 Maintenance of Signs: Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty-five (25') feet of such sign must be kept free and clear of debris, trash, and weeds or other refuse. IX.6.2 Damaged Signs: which are determined by the Inspection Department to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days of written notification to the property owner by the Building Official. IX.6.3 Abandoned Signs: Signs which are determined by the Inspection Department to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days of written notification to the property owner by the Building Official. lX.6.4 Extensions: The Building Official shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated. IX.6.5 Signs in Right-of-wav and/or 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 disposed of immediately. The City is not required to notify the owner of the sign ofits removal and disposal. IX.6.6 Illegally Erected Temporary Sign: Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. Page 9 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS IX.6.7 Illeg:allv Erected Permanent Sign: Any permanent sign installed without a permit or in direct violation of this Article shall be removed by the owner of the sign or property within ten (10) days of written notification by the Building Official. IX.6.8 Filing of Liens Against Property: 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. IX.6.9 Appeal: Any decision rendered by the Building Official or other City personnel in the enforcement of this Article may be appealed to the Board of Adjustment by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days of a decision rendered along with the established fee. SECTION - 7 GENERAL SIGN PROVISIONS IX.7.1 Wind and Dead Load Requirements: All signs shall be designed and constructed to withstand a wind load of not less than thirty-two (32) pounds per square foot of area and shall be constructed to receive dead loads as required by building codes adopted by the City of Schertz. The sign application must include a statement signed by the applicant that states compliance with this requirement. IX.7.2 Location of Business/Residential: All business and residential locations shall be identified by an address, which is clearly visible from the street. IX.7.3 Number of Signs: All businesses shall be authorized two (2) exterior on-premise signs pertaining to the primary occupancy, products or service of a building or structure: one (I) sign located on the building and one (I) freestanding sign. Exc~tion: Lots that front two (2) intersecting streets may be allowed four (4) signs pertaining to the primary occupancy, products or service of a building or structure: two (2) signs located on different elevations of the building and two (2) freestanding signs, one (1) freestanding sign facing each thoroughfare. IX.7.4 Wall Sign: A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or trees. The direct painting of wall signs on buildings shall be prohibited except for wall signs less than three (3) square feet in area used for building identification. B. Minimum/Maximum Letter/Logo Height: The minimum height allowed for letters on a wall sign 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 Page 10 of2] 05/18/2006 ARTICLE IX-SIGN STANDARDS 251-300 ft. 301 ft. and greater I 36 inches I 42 inches C. Maximum Area: The maximum area of a wall sign shall be no greater than fifteen (15) percent of the wall space or eighty (80) square feet, which ever is less. D. Roojline Limitations: In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall 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. E. Illumination: Wall signs may be illuminated utilizing only intemallighting. Exterior letters with exposed neon lighting are not allowed. F. Protmsions: Wall signs may not protrude farther than eighteen (18") inches from the building, excluding signs attached to canopies. G. Adjacent Residential: Wall signs shall not be located on any fa9ade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred and fifty (150') feet of the property line of said residential property. H. Multi-tenant Wall Signs: Only one (I) wall sign per lease space shall be allowed along each street frontage on any site unless otherwise specifically provided for in this Article. A secondary wall sign may be permitted at a public entrance provided the entrance is on another side of the building but shall be limited to twenty-five (25) percent of the primary or permitted wall sign size. No more than two (2) wall signs shall be allowed per lease space. Wall signs shall be located within the first story of the main exterior entrance for a building or lease space. IX.7.5. Monument Sign: A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs that are allowed under this Article. B. Minimum Letter/Logo Height: The minimum height allowed for letters on monument signs shall be six (6") inches. C. Maximum Height: The maximum height of a monument sign shall be 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 feet six inches (5' 6") in overall height. Page 11 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS D. Maximum Area: The maximum area ofa monument sign shall not exceed one hundred (100) square feet with a maximum area per sign face of fifty (50) square feet. E. Number of Signs: Only one (I) monument sign, excluding menu board signs, shall be allowed along each street frontage on any site unless otherwise specifically provided in this Article. F. Minimum Setback: The minimum setback of all monument signs shall be fifteen (15) feet from any property line. G. Material Requirements: All monument sign bases shall be constructed of the same masonry material as the front building fayade on the site, or shall be stone or brick. The monument 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 inches from the outer limits of the sign structure. H. 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 sign structure are not visible from public right-of-way. IX.7.6 Freestanding Ground Signs: A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all freestanding ground signs. B. Minimum Setback: The minimum setback of all freestanding ground signs shall be fifteen (15) feet from any property line. C. Maximum Height: The maximum height of a freestanding ground sign shall not exceed the following: Areas with limited access 50 ft. Areas with unlimited access 40 ft. All other streets 20 ft. Exception: Areas along FM3009 and Schertz Parkway within an overlay district shall not exceed eighteen (18') feet in height. D. Maximum Area: Freestanding ground signs shall not exceed the following. Areas with limited access 250 so. ft. Areas with unlimited access 100 Sq. ft. All other streets 32 sq. ft. Exc~tion: Areas along FM 3009 and Schertz Parkway within an overlay district shall not exceed ninety (90) square feet. Page 12 of21 05/1812006 ARTICLE IX-SIGN STANDARDS E. Number of Signs: No more than one (I) freestanding sign is permitted per site, except lots that front two (2) intersecting streets may be allowed two (2) freestanding signs. With one (1) sign located on each thoroughfare. Exc"Ption: No more than one (I) freestanding multi-tenant sign is permitted for a shopping center. One (1) additional freestanding sign may be permitted for an anchor business with fifty thousand (50,000) square feet or more of building space within a shopping center. All tenants signs within a freestanding multi-tenant sign shall contain the same number of square feet. IX.7.7 Subdivision Entry Signs: A. Maximum Height: Wall mounted subdivision entry signs may not project above the top of a wall. B. Maximum Area: The maximum area of a wall mounted subdivision entry sign shall not exceed thirty-two (32) square feet. C. Maximum Number of Signs: No more than one (1) monument sign or two (2) attached wall signs (not in combination thereof) may be permitted per street entrance. D. Placement of Sign: A monument sign may be located on a median at the street entrance if approved by the Public Works Director. IX.7.8 Bulletin Board Signs: A. Maximum Height: The maximum height of a bulletin board sign shall not exceed six (6') feet B. Maximum Area: The maximum area of a bulletin board sign shall not exceed eighteen (18) square feet. C. Maximum Number of Signs: No more than one (I) bulletin board sign per commercial site or one (I) per subdivision entrance, not to exceed two (2) per subdivision is permitted. IX.7.9 Price-Per-Gallon Display: A. General: All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, may not scroll, flash, or change more than once a day. B. Minimum Letter Height: The minimum height allowed for price-per-gallon display signs shall be six (6") inches for the fuel classification (i.e. "unleaded" "diesel", etc.). C. Maximum Area: Price-per-gallon displays may not exceed two-thirds (2/3) of the permitted gross surface area per face ofthe general permitted sign. D. Number of Signs: Only one (I) price-per-gallon sign is permitted per site. Page 13 of21 0511812006 ARTICLE IX-SIGN STANDARDS E. Illumination: Only internal illumination may be utilized for fuel classification and price-per- gallon signs. IX. 7.1 0 Directional Signs: A. Maximum Height: The maximum height of a directional sign shall not exceed three (3') feet. B. Maximum Area: The maximum area of a directional sign shall not exceed eight (8) square feet. C. Number of Signs: Maximum of two (2) directional signs are permitted per site. IX.7.11 Banners: Banners may only be permitted for special events or grand openings_ The maximum area of a banner shall not exceed 0.5 square feet for every one (I) foot of width of a building wall or lease space not to exceed fifty (50) square feet. Banner permits shall not exceed 45 days each, and shall not exceed four (4) permits per calendar year. IX.7.12 Development Signs: A. Permitted Sign Structure: Development signs shall be a temporary freestanding ground sign. B. Maximum Area: Development signs shall not exceed sixty-four (64) square feet maximum, thirty-two (32) square feet per sign face. C. Maximum Height: Development signs shall not exceed five (5') feet in height. D. Number of Signs: Each development is permitted no more than one (I) sign per commercial development, or one (1) sign per entry of a residential subdivision not to exceed two (2) SIgnS. E. Duration: Development signs may be installed at any time after the issuance of the building permit for a commercial development or after approval of the developer's site plan for a residential subdivision. The development sign must be removed within one (I) year or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or seventy-five percent (75%) of development of a residential subdivision, whichever is less. IX. 7.13 Real Estate Signs: I) Maximum Height: The maximum height for commercial real estate signs shall not exceed five (5') feet for freestanding ground signs and must be below the roofline for wall signs. 2) Maximum Area: The maximum area of a commercial real estate sign shall not exceed sixty-four (64) square feet, thirty-two (32) square feet per sign face. Residential real estate signs shall not exceed four (4) square feet in size. 3) Maximum Number of Signs: Only one real estate sign is permitted per site. Page 14 of 21 05/18/2006 ARTICLE IX-SIGN STANDARDS IX.7.14 Prohibited Signs: A. 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, or is utterly without redeeming social value. B. Obstructing Doors. Windows or Fire Escapes: No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape. C. 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 of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle). D. Inteiference 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, 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. E. Illuminated Signs: No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. No lighted sign shall be erected or displayed within one hundred and fifty (150') feet of a single- family residential zoned property unless the lighting is shielded from view. F. Over Public Property or Public Right-o~Way: It shall be prohibited to erect or display any type of sign on or over public right -of-way 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. G. 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. H. Private Property: No sign shall be located on private property without the consent of the owner of the premises, to including signs located on trees, light poles or mail boxes. 1. Dilapidated Signs: No signs are permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. J. Signs In Violation: No signs are permitted that does not comply with any applicable provisions of the building code, electrical code or other applicable ordinances of the City of Schertz. Page]50f21 05/1812006 ARTICLE IX-SIGN STANDARDS K. Home Occupation Signs: No exterior home occupation SIgnS shall be permitted unless specifically authorized in another section of this Article. L. Non-Motorized or Portable Signs: No trailer type, non-motorized signs using wheels and axles, as the primary support shall be permitted. M. Off Premise Signs: Except as set forth elsewhere in this Article, all off premise signs not legally existing on the effective date of this Article are prohibited. Exceptions: The following off-premise signs which otherwise meet the applicable requirements of this Article are pennitted: I) Community Service Signs 2) Garage Sale Signs 3) Official Government Signs 4) Historical Markers and Plaques 5) Political Sign 6) Realty Signs 7) Temporary Signs 8) Traffic Signs N. Other Signs: Except as set forth elsewhere in this Article, bench signs, bandit signs, and balloons are prohibited within the CIty of Schertz and its ETJ. SECTION - 8 NONCONFORMING SIGNS: A. General: A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article and I) Was in existence and lawfully located prior to the adoption of this Article; or 2) Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto or which was considered legally nonconforming there under and has since been in continuous or regular use; or 3) Was in existence, located and used on the premises at the time it was annexed into the city and has since been in continuous or regular and continuous use; or 4) Was in existence and lawfully located and used as an off-premise sign prior to the adoption of this Article. B. Registration: On September 1, 2006, it shall be unlawful for any person to maintain any nonconforming or off-premise sign within the corporate limits of the City of Schertz or its ETJ without having a valid registration number affixed thereto as required in this section as follows: Page 16 of21 05/1812006 ARTICLE IX-SIGN STANDARDS C. Application: To register a nonconforming sign or off-premise sign, application shall be made to the Building Official on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Building Official. D. Issuance of Registration Number: If the Building Official determines that the nonconforming or off-premise sign is a lawfully nonconforming or off-premise sign, he shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off-premise SIgn. E. Removal or Destroyed Signs: Any owner who removes or causes the removal of any validly registered nonconforming or off-premise sign from any premises shall, within ten (10) business days of its removal, report the removal to the Building Official. F. Invalidation of Registration: The Building Official shall invalidate any registration for a nonconforming or off-premises sign when: I) It is removed from the premises for any reason; a) It has been damaged or destroyed so as to lose its nonconforming sign status as provided in this Article; b) It has become an abandoned sign. SECTION - 9 LICENSES IX.9.1 Licenses Required A. Required: It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the Building Official. B. License: It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under the following: Exception: A maintenance person may perform maintenance work only upon property owned by the person's employer. A maintenance person who performs work upon the property of more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor. IX.9.2 It is unlawful for anv person to: A. Display or cause a permit to be displayed or to have in one's possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered; B. Lend or permit the use of any license for doing any construction work to any person not entitled to it; Page 17 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS C. Failor refuse to surrender to the Building Official any license for any construction work that has been suspended or canceled; D. Apply for or have in one's possession more than one current City construction license of the same type; E. Use a false or fictitious name or address in any application for any license or permit provided for in this Article or any renewal or duplicate, or make a false statement or conceal a material fact or otherwise commit fraud in making any application; F. Perform any construction work in the City or its ETJ for which a license is required without having the license or while the license is suspended, expired or canceled. G. Perform any construction work for which a permit is required without having the permit or after the permit has been suspended, canceled or expired. H. Failor refuse to make the necessary repairs or changes as provided in a written notice issued by the Inspection Department. A separate offense is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected; or 1. Place or leave a property in such condition that it injures or endangers persons or property. IX.9.3 Insurance Required: It is the duty of all sign contractors who practice their craft within the City of Schertz to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file at the City of Schertz Inspection Department or the sign contractor's license may be revoked. The insurance shall include: A. A minimum of $300,000 per occurrence (combined for property damage and bodily injury); B. A minimum of $600,000 aggregated (total amount the policy will pay for property damage and bodily injury coverage); and C. A minimum of $300,000 aggregate for products and completed operation. A licensed applicant or licensee shall file with the Inspection Department a completed certificate of insurance when applying for an initial license, when changing a business name, or upon request by the Building Official. A. Application: A written application for a sign contractor's license will be submitted to the Building Official on a form prescribed by the City along with the required initial fee and evidence oftwo (2) years experience to include the following: I) Required initial fee (as established by City Council) 2) Renewal fee (as established by City Council) 3) Completed application 4) Reference for one (I) financial institution 5) Reference for two (2) suppliers 6) Reference for three (3) customers with work performed within the last two (2) years. Page 18 of21 05/1812006 ARTICLE IX-SIGN STANDARDS IX.9.4 The Building Official, within thirty (30) days from the receipt of the completed application, will issue the license or give a written refusal setting out the reasons for refusal. B. Renewal: All renewals shall be due January I" of each year. Failure to renew within thirty (30) days after the renewal date will require the applicant to reapply for license at the initial fee rate. C. Revocation: Any license issued under this section may be suspended or revoked by the Building Official for the following: I) The Building Official may suspend the license of a person who has been convicted two (2) times within a one-year (I) period of any violation of this Article or other laws and ordinances applicable hereto. 2) If the Building Official decides to suspend a sign contractor's license, the Building Official will notify the licensee of the suspension by first class mail to the licensee's last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three days after posting. 3) The licensee may appeal a suspension decision to the Board of Adjustment by filing a written request within ten (10) days of receiving notice of the suspension. The Board of Adjustment will hold a hearing to determine whether the suspension decision should be sustained or reversed. 4) If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws and ordinances applicable hereto, the Building Official will notify the Board of Adjustment. The Board of Adjustment will then hold a hearing to consider cancellation of the license. 5) Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws and ordinances. D. Appeal: A person, whose license has been denied or revoked may appeal in writing along with the filing fee then in effect to the Board of Adjustment within ten (10) days. E. Electrical License: It shall be unlawful for any person to install and connect electrical systems for a sign within the City of Schertz and its ETJ without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work. F. Electrical License Registration: Electrical contractors shall register with the City Inspection Department as follows: I) Registration of Company - Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount Page 19 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS established by the Texas Department of Licensing and Regulation (TDLR) for electrical contractors. 2) Application - A written application to register an electrical company, along with the established filing fee, shall be submitted to the Building Official on a form prescribed by the City. 3) Renewal - All registered electrical companies shall renew their registrations annually. All renewals shall be due March 1st of each year. Exempt: Licensed sign contractors who hold an electrical license issued by TDLR and who submit a copy of such license with their application, and do not work as an independent electrical company, will not be required to register as an electrical company. SECTION - 10 VIOLATIONS IX. I 0.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to be done in conflict with or in violation of any of the provisions of this Article. IX.IO.2 Notice of Violation: The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing or demolition of a sign in violation of the provisions of this Article or in violation of a permit issued under the provisions of this Article. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. IX. I 0.3 Violation Penalties: Any person who violates a provision of this Article or fails to comply with any of the requirements thereof shall be subject to penalties as prescribed by law. Such persons shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed or continued, and upon conviction of any such violation such person shall be punished each and every day by a fine of not more than five hundred dol1ars ($500.00) for each offense. Allegation and evidence of a culpable mental state is not required for the proof of an offense by this Article. Page 20 of21 05118/2006 ARTICLE IX-SIGN STANDARDS Exhibit I Fee Schedule Sign Permit Fees New sign permit Repairs ofless than fifty percent (50%) Temporary signs Banner, flags and pennants Temporary developer signs Re-inspection fee Page 21 of21 $250.00 $125.00 $ 75.00 $ 50.00 $250.00 $ 65.00 05/18/2006 EXHBIT "A" ARTICLE IX- SIGNS PAGE SECTION I Purpose 2 SECTION 2 Definitions 2 SECTION 3 Applicability 5 SECTION 4 Administrative 5 SECTION 5 General Requirements 6 SECfION 6 Removal of Signs 9 SECTION 7 General Sign Provisions 10 SECTION 8 Non-Conforming Signs 16 SECTION 9 Licenses 17 SECTION 10 Violations 20 Page 1 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS B. Any sign whose elements or the structural support or frame members are visibly bent, broken, dented, tom, twisted, leaning or at angles other than those at which it was originally erected. Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Electric Sign: Any sign containing or using electrical power. Electronic Sign: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Flag: A piece offabric or distinctive design that is used as a symbol or as a signaling device. Freestanding Sign: A sign that is not attached to a building and which is self supporting. Garage Sale Sign: (See Code of Ordinances Chapter 10). Governmental Sign: Any sign indicating public facilities, work projects, services or other places, programs, or activities conducted by the federal, state or any local government. Identification Sign: A sign whose purpose is to identify: A. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex name. Street markers are signs adjacent to streets required by local government. B. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring exclusively to the name, location, product, person, accommodation, service, or activity of those premises, or the sale, lease or construction of those premises. C. Personal, or Professional Signs and Nameplates: Any sign that lists exclusively a name or names (including family/farm name signs). Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign not meeting the requirements established in this Article. Limited Access Hi!!hwavs: Interstate Highway 35 and Interstate Highway 10. Multi-Tenant Sign: A sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings. Monument. Low Profile or Berm Sign: A permanent freestanding ground sign. Non-Conforming Sign: A sign that was legally installed or modified in accordance with local laws, ordinances and approvals in effect at the time of installation or last significant modification, but which does not comply to laws or ordinances enacted subsequent to that time. Off-Premise Sign: Any sign that relates to products, services, or activities not located on or offered on the premises where the sign is located. Page 3 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community. Unlimited Access Highway: State Farm to Market Roads 78, 482, 1103, 1518, 2252, 3009 and Schertz Parkway. Variance: Relief granted for an exceptional condition that poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying a sign as required by this Article. Such practical difficulty or hardship must be clearly exhibited and must be a result of an external influence and not be self-imposed. Visibility Triancle: The triangular sight area from the comer of converging streets to a distance of twenty-five feet (25') along each street with the triangle completed by drawing a line through the property from both twenty-five foot (25') points on the converging streets. Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. SECTION - 3 APPLICABILITY IX.3.l General Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. .A. Other Laws: The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. B. Partial Invalidity: In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. C. Existing Signs: All signs legally in existence on the date of the adoption of this Article shall be permitted to continue without change. SECTION - 4 ADMINISTRATION IX.4.1 General: The Building Official is hereby authorized and directed to enforce the provisions of this Article and other laws and ordinances applicable thereto. The Building Official shall have the authority to render interpretations of this Article and other laws and ordinances applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein. IX.4.2 Applications: The Building Official shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City of Schertz and its ETJ. Page 5 of21 05118/2006 ARTICLE IX-SIGN STANDARDS B. Work Exempt From a Permit: Exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or ordinances of the City of Schertz. I) Governmental Sign - Any sign: a. Erected or maintained pursuant to and in discharge of government functions; b. Required by law, ordinance or City regulation; or c. Located on property owned, leased or under the control of the federal or state government. 2) Political Sign: Any political sign that meets all applicable state requirements. 3) Railway Sign: Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway. 4) Utility Sign: Any sign marking utility or underground communications or transmission lines. 5) Vehicle Sign: Any sign displayed or used upon motorized vehicles. 6) Holiday Sign: Any temporary sign containing only holiday messages and no commercial advertising. 7) Plaques: Any commemorative sign of a recognized historical society or organization. 8) Private Traffic Control Sign: Anyon-premise sign that directs the movement of traffic on private property or warns of obstacles, overhead clearances, or controls parking, including, but not limited to, entrance and exits signs. The sign must be less than ten (10) square feet in effective area, less than six (6) feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians. 9) Electrical Repairs and Maintenance: An electrical permit shall not be required for minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles. IX-5.2 Awlication: The following information shall be required for each application for a permit: A. Completed building permit application obtained from the Inspection Department. B. A site plan which includes: I) Location of all buildings, structures or tracts to which or upon which the sign is to be attached or erected. 2) Position of the sign in relation to rights-of-way, easements, buildings or structures and other existing signs. Page 7 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS IX.5.8 Public Right-of-wav. Allevs and Easements: A permit shall not be given by the Building Official for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement. IX.5.9 Placement of Permit: The permit or copy thereof shall be kept on the site until the work permitted in completed. IX.5.l0 Temporary Signs: The Building Official is authorized to issue a permit for temporary signs. Such permit shall be limited as to time of service, but shall not be permitted for more than forty-five (45) days, and shall not exceed four (4) permits per calendar year. The Building Official is authorized to grant extensions for demonstrated cause. Temporary signs shall conform to all the requirements of this Article and other applicable laws and ordinances. The Building Official is authorized to terminate any permit for a temporary sign, if the sign is determined abandoned or in violation of this Article or other applicable laws or ordinances. IX.5.11 Anneal: An individual who has been denied permit or had a permit revoked may appeal in writing along with the established filling fee to the Board of Adjustment within ten (10) days after the date of denial or revocation. SECTION - 6 REMOVAL OF SIGNS IX.6.1 Maintenance of Signs: Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty-five (25') feet of such sign must be kept free and clear of debris, trash, and weeds or other refuse. IX.6.2 Damaged Signs: which are determined by the Inspection Department to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days of written notification to the property owner by the Building Official. IX.6.3 Abandoned Signs: Signs which are determined by the Inspection Department to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days of written notification to the property owner by the Building Official. IX.6.4 Extensions: The Building Official shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated. IX.6.5 Signs in Right-of-way and/or 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 disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. IX.6.6 Illegally Erected Temoorary Sign: Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. Page 9 of21 05118/2006 ARTICLE IX-SIGN STANDARDS 251-300 ft. 30 I ft. and greater 36 inches 42 inches C. Maximum Area: The maximum area of a wall sign shall be no greater than fifteen (15) percent of the wall space or eighty (80) square feet, which ever is less. D. Roofline Limitations: In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall 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 colunms constructed of similar masonry material as the primary structure. E. Illumination: Wall signs may be illuminated utilizing only internal lighting. Exterior letters with exposed neon lighting are not allowed. F. Protrusions: Wall signs may not protrude farther than eighteen (18") inches from the building, excluding signs attached to canopies. G. Adjacent Residential: Wall signs shall not be located on any fayade (other than the main front of the building) which faces property zoned for singie- family residential uses if the sign is within one hundred and fifty (150') feet of the property line of said residential property. H. Multi-tenant Wall Signs: Only one (I) wall sign per lease space shall be allowed along each street frontage on any site unless otherwise specifically provided for in this Article. A secondary wall sign may be permitted at a public entrance provided the entrance is on another side of the building but shall be limited to twenty-five (25) percent of the primary or permitted wall sign size. No more than two (2) wall signs shall be allowed per lease space. Wall signs shall be located within the first story of the main exterior entrance for a building or lease space. IX.7.5. Monument Sign: A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs that are allowed under this Article. B. Minimum Letter/Logo Height: The minimum height allowed for letters on monument signs shall be six (6") inches. C. Maximum Height: The maximum height of a monument sign shall be 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 feet six inches (5' 6") in overall height. Page I] of21 05/18/2006 ARTICLE IX-SIGN STANDARDS E. Number of Signs: No more than one (I) freestanding sign is permitted per site, except lots that front two (2) intersecting streets may be allowed two (2) freestanding signs. With one (1) sign located on each thoroughfare. Exc~tion: No more than one (I) freestanding multi-tenant sign is permitted for a shopping center. One (1) additional freestanding sign may be permitted for an anchor business with fifty thousand (50,000) square feet or more of building space within a shopping center. All tenants signs within a freestanding multi-tenant sign shall contain the same number of square feet. IX.7.7 Subdivision Entry Signs: A. Maximum Height: Wall mounted subdivision entry signs may not project above the top of a wall. B. Maximum Area: The maximum area of a wall mounted subdivision entry sign shall not exceed thirty-two (32) square feet. C. Maximum Number of Signs: No more than one (I) monument sign or two (2) attached wall signs (not in combination thereof) may be permitted per street entrance. D. Placement of Sign: A monument sign may be located on a median at the street entrance if approved by the Public Works Director. IX.7.8 Bulletin Board Signs: A. Maximum Height: The maximum height of a bulletin board sign shall not exceed six (6') feet. B. Maximum Area: The maximum area of a bulletin board sign shall not exceed eighteen (18) square feet. C. Maximum Number of Signs: No more than one (1) bulletin board sign per commercial site or one (I) per subdivision entrance, not to exceed two (2) per subdivision is permitted. IX.7.9 Price-Per-Gallon Disolav: A. General: All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, may not scroll, flash, or change more than once a day. B. Minimum Letter Height: The minimum height allowed for price-per-gallon display signs shall be six (6") inches for the fuel classification (i.e. "unleaded" "diesel", etc.). C. Maximum Area: Price-per-gallon displays may not exceed two-thirds (2/3) of the permitted gross surface area per face of the general permitted sign. D. Number of Signs: Only one (I) price-per-gallon sign is permitted per site. Page 13 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS IX. 7 .14 Prohibited Signs: A. 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, or is utterly without redeeming social value. B. Obstructing Doors, Windows or Fire Escapes: No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape. C. 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 of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see defmition of visibility triangle). D. Inteiference 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, 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. E. Illuminated Signs: No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. No lighted sign shall be erected or displayed within one hundred and fifty (150') feet of a single- family residential zoned property unless the lighting is shielded from view. F. 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 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. G. 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. H. Private Property: No sign shall be located on private property without the consent of the owner of the premises, to including signs located on trees, light poles or mail boxes. I. Dilapidated Signs: No signs are permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. J. Signs In Violation: No signs are permitted that does not comply with any applicable provisions of the building code, electrical code or other applicable ordinances of the City of Schertz. Page 15 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS C. Application: To register a nonconforming sign or off-premise sign, application shall be made to the Building Official on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Building Official. D. Issuance of Registration Number: If the Building Official determines that the nonconforming or off-premise sign is a lawfully nonconforming or off-premise sign, he shaH issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off-premise sign. E. Removal or Destroyed Signs: Any owner who removes or causes the removal of any validly registered nonconforming or off-premise sign from any premises shall, within ten (10) business days of its removal, report the removal to the Building Official. F. Invalidation of Registration: The Building Official shaH invalidate any registration for a nonconforming or off-premises sign when: I) It is removed from the premises for any reason; a) It has been damaged or destroyed so as to lose its nonconforming sign status as provided in this Article; b) It has become an abandoned sign. SECTION - 9 LICENSES IX.9.1 Licenses Required A. Required: It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the Building Official. B. License: It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under the foHowing: Exception: A maintenance person may perform maintenance work only upon property owned by the person's employer. A maintenance person who performs work upon the property of more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor. IX.9.2 It is unlawful for anv person to: A. Display or cause a permit to be displayed or to have in one's possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered; B. Lend or permit the use of any license for doing any construction work to any person not entitled to it; Page 17 of21 05/1 812006 ARTICLE IX-SIGN STANDARDS IX.9.4 The Building Official, within thirty (30) days from the receipt of the completed application, will issue the license or give a written refusal setting out the reasons for refusal. B. Renewal: All renewals shall be due January 1st of each year. Failure to renew within thirty (30) days after the renewal date will require the applicant to reapply for license at the initial fee rate. C. Revocation: Any license issued under this section may be suspended or revoked by the Building Official for the following: I) The Building Official may suspend the license of a person who has been convicted two (2) times within a one-year (I) period of any violation of this Article or other laws and ordinances applicable hereto. 2) If the Building Official decides to suspend a sign contractor's license, the Building Official will notify the licensee of the suspension by first class mail to the licensee's last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three days after posting. 3) The licensee may appeal a suspension decision to the Board of Adjustment by filing a written request within ten (10) days of receiving notice of the suspension. The Board of Adjustment will hold a hearing to determine whether the suspension decision should be sustained or reversed. 4) If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws and ordinances applicable hereto, the Building Official will notify the Board of Adjustment. The Board of Adjustment will then hold a hearing to consider cancellation of the license. 5) Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws and ordinances. D. Appeal: A person, whose license has been denied or revoked may appeal in writing along with the filing fee then in effect to the Board of Adjustment within ten (10) days. E. Electrical License: It shall be unlawful for any person to install and connect electrical systems for a sign within the City of Schertz and its ETJ without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work. F. Electrical License Registration: Electrical contractors shall register with the City Inspection Department as follows: I) Registration of Company - Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount Page 19 of21 05/18/2006 ARTICLE IX-SIGN STANDARDS Exhibit I Fee Schedule Sign Permit Fees New sign permit Repairs ofless than fifty percent (50%) Temporary signs Banner, flags and pennants Temporary developer signs Re-inspection fee Page 21 of21 $250.00 $125.00 $ 75.00 $ 50.00 $250.00 $ 65.00 05/18/2006 - INSPECTION DEPARTMENT 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154-1634 (210) 658-7477, EXT 1161 FAX (210) 658-9627 REGISTRATION FOR NONCONFORMING SIGNS INFORMATION REQUIRED: SITE PLAN SHOWING LOCATION OF NONCONFORMING SIGN AND PHOTO OF SIGN JOB ADDRESS: ZONING: I BLOCK: I LOT: I SUBDIVISION: OWNER: ADDRESS, CITY, ST, ZIP: PHONE: DESCRIBE WORK: VALUE OF WORK: $ I I FOR DEPARTMENT USE ONLY NOTICE I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED TIllS APPUCATION AND KNOW THE SAME TO BE 1RUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING TIIIS TYPE OF SIGN WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A REGIS1RATION FOR NONCONFORMING SIGN DOES NOT PRESUME TO GIVE AU1HORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONS1RUCTION OR PERFORMANCE OF CONS1RUCTION. REGISTRATION NUMBER: REGIS1RATION FEE: $ APPUCATION ACCEP1ED BY DATE SIGNATURE OF OWNER DATE APPROVED BY DATE CREATED 6-2006 DP