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2008S11-Sign Ordinance ORDINANCE NO. 08-S-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE 96-S-28 BEING THE UNIFIED DEVELOPMENT CODE (UDC) OF THE CITY, AS AMENDED, BY AMENDING ARTICLE IX, SIGN STANDARDS; PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Article IX, Sign Standards, of the City's Unified Development Code, Ordinance No. 96-S-28, of the City of Schertz, Texas is hereby amended in the following manner. SECTION I UDC Ordinance No. 96-S-28, as same may have heretofore been amended, modified or supplemented, is hereby amended to amend Article IX, Sign Standards, thereof with the replacement of the existing Article IX, Sign Standards, with the provisions set forth in the attached "Exhibit A". SECTION II This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas SECTION III This ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz 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or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, are hereby repealed. ZC2008-001 Sign Ordinance SECTION IV The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $500.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the 19th day of February, 2008. PASSED, APPROVED AND ADOPTED the J ~. day of ~\C\.\&- ,2008. ~ Mayor, City otSchertz, Texas ATTEST: G^~~L ~~A~ CIty Secretary, City of Schertz, Texas (SEAL OF THE CITY) ZC2008-001 Sign Ordinance Article IX Sign Standards a. Purpose 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 in accordance with Texas Local Government Code Chapter 216. 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. b. Applicability All signs shall be erected, displayed, altered or reconstructed in conformity with this Article. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 1. Other Laws: The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. 2. 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. 3. Existing Signs: All signs legally in existence on the date of the adoption of this Article shall be permitted to continue without change. c. Administration 1 . General The Development Services Director, hereafter referred to as director, or his/her designee is hereby authorized and directed to enforce the provisions of this Article and other laws and ordinances applicable thereto. The Director 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. 2. Applications The Director 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 ET J. 3. Inspection The Director shall make all inspections necessary to ensure compliance with all state and local requirements governing signage. 4. Notices and Orders The Director shall issue all necessary citations, notices or orders to ensure compliance with this Article. 5. Right of Entry Where it is necessary to make an inspection to enforce the provisions of this Article, or where the Director 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 Director 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 Director 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 Director shall have recourse to the remedies provided by law to secure entry. 6. Department Records The Director 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. 7. Liability The Director, 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 Director shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article. d. General Requirements 1. Permit Required a) 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 ET J owned or controlled by them without first obtaining a sign permit to do so from the Director, except as hereinafter provided. Except as hereinafter provided, no sign permit shall be released by the Director until after the building permit for the principal building on the site has been issued. b) Electrical Permit Required No person shall install and connect electrical systems for a sign within the City of Schertz or its ET J without first obtaining an electrical permit to do so from the Inspection Department, except as hereinafter provided. The Inspection Department shall issue no electrical permit for a sign until after the principal sign permit for such work has been issued. 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: 1) 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. 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. 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. 4. Action on Application The Director shall examine or cause to be examined applications for permits and amendments thereto within 15 business days after a complete application is filed. If the application or the construction documents do not conform to the requirements of this Article and other pertinent laws or ordinances, the Director shall reject such application in writing, stating the reasons therefore. If the Director is satisfied that the proposed work conforms to the requirements of this 2 Article and other laws and ordinances applicable thereto, the Director shall issue a permit therefore as soon as practicable. 5. Time Limitation of Application An application for a permit for any proposed work for which a permit has not been issued shall be deemed abandoned six (6) months after the date of filing. The Director may, at their 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. 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 Director 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 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 90 days each, may be allowed at the discretion of the Director. 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. 7. Suspension or Revocation The Director 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, inaccurate or incomplete information, or in violation of this Article or any other laws or ordinances applicable thereto. 8. Public Rights-of-Way, Alleys and Easements A permit shall not be given by the Director for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement. 9. Placement of Permit The permit or copy thereof shall be kept on the site until the work permitted is completed. 10. 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. e. Exempted Signs The following types of sign or sign work are exempt from the permit requirements of this Article provided, however, that the 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. 1. Governmental Signs 2. Political Signs 3. Railway Signs Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway. 4. Utility Signs Any sign marking utility or underground communications or transmission lines. 5. Vehicle Signs Any sign placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as a form of transportation and which identifies the business, products, or services with which the vehicle and/or trailer is related 6. Flags Official flags of governmental jurisdictions or non-profit organizations. Nothing in this ordinance shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies. 7. Warning Signs Signs warning the public of the existence of danger but containing no advertising material. 8. Street Address Signs 3 Address signs containing only numeric address and street or complex names. 9. Holiday Signs Any temporary sign promoting the celebration of a holiday and containing no commercial advertisi ng. 10. Plaques Any commemorative sign of a recognized historical society or organization. 11. Menu Board Signs A maximum of one (1) menu board sign a maximum of 32 square feet in area shall be permitted per restaurant or applicable business. 12. Minor Repairs and Maintenance: Minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, painting or other similar exterior maintenance of a sign structure so long as no structural alterations are made to the sign. f. Prohibited Signs 1 . 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. 2. 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. 3. 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). 4. Interference With Traffic No sign shall be permitted 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. 5. 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 is erected by the city, county, state or other authorized governmental agency, or with the permission of the City, for public purposes. 6. 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. 7. Private Property No sign shall be located on private property without the consent of the owner of the premises, including signs located on trees, light poles or mail boxes. 8. Dilapidated Signs No sign shall be permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. 9. Signs In Violation No sign shall be permitted that does not comply with any applicable provisions of the building code, this UDC, or any other applicable codes or ordinances of the City. 10. Home Occupation Signs 4 No exterior home occupation signs shall be permitted unless otherwise specifically authorized in another applicable section of this UDC. 11. Non-Motorized or Portable Signs No trailer type, non-motorized signs using wheels and axles, as the primary support shall be perm itted. 12. 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 except that the following signs may be permitted provided they otherwise meet the applicable requirements of this Article: a) Community Service Signs b) Garage Sale Signs c) Official Government Signs d) Historical Markers and Plaques e) Political Signs f) Realty Signs g) Temporary Signs h) Traffic Signs 13. Bandit Signs 14. Painted Signs No sign shall be permitted which is painted on the wall of any building or on any part of a building. 15. Other Signs Except as set forth elsewhere in this Article, any signs not specifically permitted by this ordinance are prohibited within the City of Schertz and its ET J. g. Removal of Signs 1. Damaged Signs Signs which are determined by the Director 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 Director. 2. Abandoned Signs Signs which are determined by the Director to be abandoned shall be removed or otherwise painted over and neutralized within 30 days of written notification to the property owner by the Director. 3. Extensions The Director 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. 4. 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. 5. Illegally Erected Temporary Sign Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article shall 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. 6. Illegally 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 Director. 7. Filing of Liens Against the Property The City is authorized to file a lien against any property which is not otherwise exempt to recover reasonable expenses incurred by the City for the removal of a sign or portion of a sign. 8. Appeal Any decision rendered by the Director 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 5 such decision. Such appeal must be in writing and received within ten (10) days of a decision rendered along with the established fee. h. General Sign Provisions The provisions of this section shall be applicable to all signs hereafter erected, constructed, displayed, altered or repaired on any premise under the jurisdiction of the City of Schertz. 1. Height of Signs The vertical height of a sign shall be measured from ground level at the base of the sign to the highest part of the sign or its structure. 2. Wind and Dead Load Requirements All signs shall be designed and constructed to withstand a wind load of not less than 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. 3. Location of Business/Residential All business and residential locations shall be identified by an address, which is clearly visible from the street. 4. Illumination of Signs No sign shall be illuminated to such intensity to exceed a maximum of one (1) footcandle measured at the property line. No lighted sign shall be erected or displayed within 150 feet of a single-family residential zoned property unless the lighting is shielded from view. 5. Building and Electrical Codes Applicable All signs shall be constructed and maintained in conformity with all applicable provisions of the building code, electrical code or other applicable ordinances of the City of Schertz. 6. 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 25 feet of such sign must be kept free and clear of debris, trash, and weeds or other refuse and shall be maintained by mowing or trimming of any vegetation. 7. Structural Sign Elements The structural elements of permanent signs shall be constructed of materials that are noncombustible and may be supported by noncombustible materials only and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Director. 8. Sign Clearance Not withstanding any other provisions of this ordinance, all signs shall maintain a clearance of at least ten feet (10') when located over a public sidewalk and at least 12 feet when located over a driveway and shall extend no closer than 18 inches from the curbline of a public street, unless painted or mounted flat on the surface of an existing awning or canopy. i. Wall Signs 1 . 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. 2. Maximum Area The maximum area of a wall sign shall not exceed the following Areas with Limited Access 15% of the fagade area or 250 square feet, whichever is less Areas with Unlimited Access 12% of the fagade area or 125 square feet, whichever is less All Other Streets 10% of the facade area or 80 square feet, 6 I whichever is less 3. Maximum Number of Signs The maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum 25% of the area of the primary wall sign. The maximum number of signs permitted for multi-tenant buildings shall be limited to one (1) per tenant or lease space except for those spaces located on the ends of buildings which may have one (1) additional wall sign to be located on the side wall of the structure and being a maximum of 25% of the area of the primary wall sign. Multi-tenant buildings with the rear of the building directly adjacent to a public or private street or access drive may have one (1) additional wall sign located on the rear wall of the structure and being a maximum of 25% of the area of the primary wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi- tenant development exceed a maximum of two (2) signs. 4. 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 columns constructed of similar masonry material as the primary structure. 5. Illumination Wall signs shall be illuminated utilizing only internal lighting. 6. Protrusions Wall signs shall not protrude farther than 18 inches from the building, excluding signs attached to canopies. 7. Adjacent Residential Wall signs shall not be located on any fagade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within 150 feet of the property line of said residential property. j. Freestanding Ground Signs 1 . General Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all freestanding ground signs. 2. Minimum Setback The minimum setback of all freestanding ground signs shall be 15 feet from any property line. 3. 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: Freestanding ground signs located on properties along roadways identified as Principal Arterials and Secondary Arterials in accordance with Article VII Sections 2 and 3 of this UDC shall have a maximum of 18 feet in height. 4. Maximum Area Freestanding ground signs shall not exceed the following. Areas with Limited Access 250 sq. ft. Areas with Unlimited Access 1 00 sq. ft. All Other Streets 32 sq. ft. 7 Exception: Freestanding ground signs located on properties along roadways identified as Principal Arterials and Secondary Arterials in accordance with Article VII Sections 2 and 3 of this UDC shall have a maximum of 90 square feet in area. 5. Number of Signs The maximum number of freestanding ground signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with Section I of this Article except that any primary or anchor store greater than 50,000 square feet may be allowed one (1) freestanding sign in accordance with this Section. k. Monument Signs 1 . 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. 2. Maximum Height The maximum height of a monument sign shall be four feet (4'), excluding monument base. The monument base may be an additional 18 inches in height measured from ground level at the center of the base to the top of the base. The overall height shall not exceed five feet six inches (5' 6"). 3. Maximum Area The maximum area of a monument sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet. 4. Number of Signs The maximum number of monument signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with Section I of this Article. 5. Minimum Setback The minimum setback of all monument signs shall be 15 feet from any property line. 6. Material Requirements All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure. 7. Illumination Monument signs shall 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. I. Multi-tenant Signs 1. General The provisions of this section shall be applicable to all signs located within developments consisting of shopping centers, as defined within this UDC, and all other similar multi-tenant developments. All multi-tenant signs shall be monument signs meeting the requirements of this section. 2. Maximum Height The maximum height of a monument sign within a multi-tenant development shall not exceed the following: Areas with Limited Access 20 feet Areas with U nlim ited Access 18 feet All Other Streets 1 5 feet 8 The monument base shall be a minimum of 18 inches in heignt measured from ground level at the center of the base to the top of the base. The overall height shall not exceed the maximum heights listed above, including monument base.. 3. Maximum Area The maximum area of a multi-tenant monument sign shall be equivalent to one percent (1 %) of the gross building square footage within the shopping center with a maximum of 150 square feet. 4. Maximum Number The maximum number of multi-tenant monument signs shall be limited to one (1) per platted lot per street frontage. 5. Monument Sign Design Each multi-tenant monument sign shall be designed so as to provide adequate sign spaces for each tenant within the development except for the primary, or anchor store within the development which shall be prohibited from advertising on the monument sign. The developer shall be responsible for determining the adequacy and size necessary to meet the requirements of this section. 6. Minimum Setback The minimum setback of all multi-tenant monument signs shall be 15 feet from any property line. 7. Material Requirements All multi-tenant monument signs shall be constructed of masonry material consisting of brick, stone or split face concrete block which shall be consistent in nature with the overall theme of the development. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure. 8. Illumination Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way. m. Electronic Signs 1 . General Electronic signage shall be permitted in lieu of any permitted freestanding or monument signs on a property. In the event that an electronic sign is permitted for a property, no other additional freestanding or monument sign shall be permitted. 2. Maximum Height The maximum height of an electronic sign shall be 18 feet. 3. Maximum Area The maximum area of an electronic sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet. 4. Number of Signs The maximum number of electronic signs shall be limited to one (1) per platted lot. No other on- premise freestanding signs shall be permitted. 5. Minimum Setback The minimum setback of all electronic signs shall be 15 feet from any property lines. 6. Material Requirements All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure. 7. Illumination Electronic signage shall not exceed a maximum of one (1) footcandle illumination at the property line. 8. Location Restrictionse 9 No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes. 9. Additional Restrictions a) Any change of pictures or information on the electronic sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation. b) Any change of pictures or information on the message board sign shall not change more often than once every four (4) seconds. c) Any sign picture or information shall not have a solid white background between the time period of 30 minutes after sunset and 30 minutes before sunrise. n. Directional Signs 1 . General This section shall be applicable to anyon-premise sign that directs the movement of traffic on private property within developments or warns of obstacles, overhead clearances, or controls parking. 2. Maximum Height Directional signs shall have a maximum height of three feet (3'). 3. Maximum Area Directional signs shall not exceed a maximum area of 12 square feet. 4. Maximum Number The maximum number of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at a rate of one (1) sign for every 10,000 square feet of building area. 5. Location Restrictions Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle. o. Subdivision Entry Signs 1 . General The provisions of this section shall be applicable to all subdivision entry signs identifying a residential or mixed use development. 2. Maximum Height Subdivision entry signs shall be monument signs and shall have a maximum height of six feet (6') in height. 3. Maximum Area The maximum area of a subdivision entry sign shall not exceed 32 square feet per sign face. 4. Maximum Number of Signs No more than one (1) subdivision entry sign shall be permitted at the primary subdivision entrance. Secondary entrances may have one (1) subdivision entry sign per entrance which shall be a maximum of 75% of the size of the primary entrance sign. 5. Placement of Sign A subdivision entry sign may be located on a median at the street entrance if approved by the Public Works Director. 6. Subdivision Entry Feature A subdivision entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and/or decorative fencing in combination with the subdivision entry sign may be constructed at the primary subdivision entrance provided, however, that the maximum area containing the subdivision sign shall not exceed 32 square feet per sign face. p. Price-Per-Gallon Display 1 . General 10 All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, shall not scroll or flash. 2. Minimum Letter Height The minimum height allowed for price-per-gallon display signs shall be six (6") inches for the fuel classification (Le. "unleaded" "diesel", etc.). 3. Maximum Area Price-per-gallon displays shall not exceed two-thirds (2/3) of the permitted gross surface area per face of the general permitted sign. 4. Number of Signs Only one (1) price-per-gallon sign shall be permitted per site. 5. Illumination Only internal illumination may be utilized for fuel classification and price-per-gallon signs. q. Temporary Signs 1 . General Notwithstanding any other provIsions of this Article, this section shall be applicable to all temporary signs identified in this Article. 2. Maximum Area The maximum area permitted for temporary signs shall not exceed the following: Areas with Limited Access 32 sq. ft. per face or 10% of the building facade, whichever is less Areas with Unlimited Access 24 sq. ft. per face or 7% of the building facade, whichever is less All Other Streets 16 sq. ft. per face or 5% of the building facade, whichever is less 3. Maximum Height The maximum height permitted for temporary signs shall not exceed the following: Areas with Limited Access 6 feet Areas with Unlimited Access 4 feet All Other Streets 3 feet 4. Minimum Setback The minimum setback for all temporary signs shall be 15 feet from any property line. 5. Time Limitations Temporary freestanding signs shall be permitted for a maximum of 180 days per calendar year. No additional temporary sign permit shall be issued for the same property or business for a period of 14 days from the expiration of the previous permit. There shall be no limit to the number of temporary sign permits that may be issued for a particular property or business. The cumulative total number of days for which all temporary sign permits issued for a property or business shall not exceed 180 calendar days. 6. Number of Signs No more than two (2) types of temporary signs shall be permitted per business or tenant at any given time. r. Development Signs 1. Maximum Area Development signs shall not exceed 64 square feet maximum, 32 square feet per sign face. 2. Maximum Height Development signs shall not exceed six feet (6') in height. 3. Number of Signs 11 Each development shall be permitted no more than one (1) sign per commercial development, or one (1) sign per entry of a residential subdivision not to exceed two (2) signs. 4. Duration Development signs shall be installed at any time after the issuance of the building permit for a commercial development or after approval of the final plat for a residential subdivision. The development sign must be removed within six (6) months or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or 75% of development of a residential subdivision, whichever is less. s. Real Estate Signs 1 . Applicability Real estate signs meeting the requirements of this section shall be exempt from the permitting requirements of this Article. 2. 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 roof line for wall signs. 3. 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. 4. Maximum Number of Signs The maximum number of real estate signs shall be limited to one (1) per lot per street frontage. t. Banners over Public Rights-of-Way 1 . General Banners may be erected over public rights-of-way within the City with the approval of the Development Services Director. The applicant shall be responsible for securing any and all necessary permits to erect a banner over a TxDOT right-of-way and shall provide such information to the City with the application for a banner permit. 2. Restrictions Banners over public rights-of-way shall be permitted only for non-commercial or charitable events that are of general interest to the community as a whole and shall be restricted to non-profit or governmental entities. 3. Responsibility The applicant shall be responsible for the erection of any banner over public rights-of-way. The banner shall be inspected by the City to ensure the banner is adequately secured. The applicant shall be responsible for removal of any banner erected over public rights-of-way. 4. Maximum Banner Size The maximum area of a banner shall not exceed 144 square feet. The standard banner size shall be four feet (4') wide by 36 feet long. Variations to the standard banner size may be approved by the Director when differing variations are necessary to contain the entire message within the banner. In no case shall the area exceed the maximum area identified in this section. u. Nonconforming Signs 1 . 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 a) Was in existence and lawfully located prior to the adoption of this Article; or b) 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 c) Was in existence, located and used on the premises at the time it was annexed into the city and has since been in continuous use; or 12 d) Was in existence and lawfully located and used as an off-premise sign prior to the adoption of this Article. 2. Registration Effective 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 ET J without having a valid registration number affixed thereto as required in this section as follows: a) Application To register a nonconforming sign or off-premise sign, application shall be made to the Director 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 Director. b) Issuance of Registration Number If the Director 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. c) 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 Director. d) Invalidation of Registration The Director shall invalidate any registration for a nonconforming or off-premise sign when: 1) It is removed from the premises for any reason; 2) It has been damaged or destroyed so as to lose its nonconforming sign status as provided in this Article; 3) It has become an abandoned sign. v. Licenses 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 Director. 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. 2. It is unlawful for any 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; c) Failor refuse to surrender to the Director 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; 13 f) Perform any construction work in the City or its ET J 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 Director. 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 i) Place or leave a property in such condition that it injures or endangers persons or property. 3. Insurance Required It is the duty of all sign contractors who practice their craft within the City to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file with the Inspections Department of the City 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 Director. 4. The Director, within 30 days from the receipt of the completed application, shall issue the license or give a written refusal setting out the reasons for refusal. a) Application A written application for a sign contractor's license will be submitted to the Director on a form prescribed by the City along with the required initial fee and evidence of two (2) years experience to include the following: 1) Required initial fee (as established by City Council) 2) Renewal fee (as established by City Council) 3) Completed application 4) Reference for one (1) financial institution 5) Reference for two (2) suppliers 6) Reference for three (3) customers with work performed within the last two (2) years. b) Renewal All renewals shall be due January 151 of each year. Failure to renew within 30 days after the renewal date shall 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 Director for the following: 1) The Director may suspend the license of a person who has been convicted two (2) times within a one-year (1) period of any violation of this Article or other laws and ordinances applicable hereto. 2) If the Director decides to suspend a sign contractor's license, the Director shall 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 (3) 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 shall 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 Director shall notify the Board of Adjustment. The Board of Adjustment shall 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. 14 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 ET J 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's Inspection Department as follows: 1) Registration of Company - Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount 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 Director on a form prescribed by the City. 3) Renewal - All registered electrical companies shall renew their registrations annually. All renewals shall be due March 151 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, shall not be required to register as an electrical company. w. Violations 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. 2. Notice of Violation The Director 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. 3. Violation Penalties a) 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 $500.00 for each offense. b) Allegation and evidence of a culpable mental state shall not be required for the proof of an offense by this Article. x. Definitions "A" Frame Siqn: A temporary sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top with each angular face held at an appropriate distance so as to be adequately secured by a supporting member. These signs may also be referred to as sandwich board signs. Abandoned or Obsolete Siqn: A sign that no longer serves to direct attention to a business product, service, or activity, which is no longer conducted upon the premises. 15 Advertisinq: To convey information, to seek the attraction of or to direct the attention of the public to any location, event, person, activity, goods, service or merchandise. Balloon Siqn: One or more inflatable devices filled with Iighter-than-air gas used as a temporary sign for the purpose of directing attention to any business, profession or to a commodity or service sold, offered or manufactured or to any place of entertainment. Balloon signs shall not exceed 36 inches in diameter. Bandit Siqn: Any temporary ground sign announcing a subdivision, new development or builder. Banner Siqn: A temporary sign constructed of a natural or man-made flexible material, including but, not limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled that is mounted with or without an enclosing framework that is attached or tethered to the building or structures. Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for the purpose of advertising a business or activity not located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered as billboards. Board of Adiustment: The Board established by City Council under the City Charter and the Texas Local Government Code that reviews and acts upon requests for variances, special exceptions or appeals. Buildinq Mounted Siqn: 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. Community Service Siqn: Any sign that solicits support for or advertises a non-profit community use or activity, public use or activity, or social institution. Damaqed Siqn: 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 b. Any sign whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning or at angles other than those at which it was originally erected. Development Siqn: A temporary freestanding sign which, by means of symbol or name, identifies a shopping center, commercial or industrial park, residential subdivision or other development that may contain a mixture of residential, commercial, or industrial uses. Directional Siqn: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Electric Siqn: Any sign containing or using electrical power. Electronic Siqn: 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. Flaq: A pi~ce of fabric or distinctive design that is used as a symbol or as a signaling device. Freestandinq Siqn: A sign that is not attached to a building and which is self supporting by use of a pole, mast, pylon or other similar vertical support structure and has a minimum of 36 inches of ground clearance. 16 Garaqe Sale Siqn: Any sign utilized to direct interested persons to the location of a garage sale in accordance with Chapter 50 of the City's Code of Ordinances. Governmental Siqn: Any sign indicating public facilities, work projects, services or other places, programs, or activities conducted by the federal, state or any local government. Identification Siqn: 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). IlIeqal Siqn: 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 Hiqhwavs: Interstate Highway 35 and Interstate Highway 10. Menu Board Siqn: A permanent freestanding sign displaying the type and price of food, beverages or other products sold in connection with permitted outdoor dining or in connection with a restaurant with drive-through service. Multi-Tenant Siqn: 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 Siqn: A permanent freestanding ground sign whose base is directly on the ground or has a maximum of 12 inches of clearance from the adjacent grade. Neon Siqn: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal light source and designed so that the rays go through the face of the sign. Non-Conforminq Siqn: 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 with laws or ordinances enacted subsequent to that time. Off-Premise Siqn: Any sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises on which the sign is located. On-Premise Siqn: 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 as a temporary sign to announce grand openings and/or special events. Political Siqn: A temporary sign pertaining to any national, state, county or local election and erected for the sole purpose of announcing a political candidate, political party or ballot measure. 17 Portable or Mobile Siqn: 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 Siqn: Any sign that does not meet the requirements established in this Article. Real Estate Siqn: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Sandwich Board Siqn: See "A" Frame Siqn. 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. Shoppinq Center: A development containing a grouping of retail, service, and/or other commercial establishments in one (1) or more buildings on one (1) or more legally platted lots and constructed and designed to utilize shared parking and access. Siqn: 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. Siqn 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 (1) side of a double-face sign shall be considered. Siqn Heiqht: 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. Subdivision or Neiqhborhood Siqn: 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. Temporary Siqn: Any sign identified by this ordinance which is intended to be displayed for seasonal or brief activities including, but not limited to, sales, specials, promotions, holidays, auctions, and/or business grand openings. Unlimited Access Hiqhway: 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 Trianqle: The triangular sight area from the corner of converging streets to a distance of 25 feet along each street with the triangle completed by drawing a line through the property from both 25 feet points on the converging streets. Wall Siqn: 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. 18 Wind Siqn: Any display or series of displays, banners, flags, pennants or other such objects designed and fashioned in such a manner as to move when subjected to wind pressure. Wind signs shall only be permitted as temporary signs. 19 RESOLUTION NO. 08-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING THE SIGN PERMIT FEE SCHEDULE FOR THE ISSUANCE OF SIGN PERMITS WITHIN THE CITY OF SCHERTZ. WHEREAS, the City Council recently adopted the revised Article IX, Sign Standards, of the Unified Development Code (UDC); and WHEREAS, the previous Article IX of the UDC contained the schedule of fees for the issuance of sign permits within the City of Schertz; and WHEREAS, the revised Article IX of the UDC does not contain a fee schedule for sign permits; and WHEREAS, the City recognizes the need to establish a fee schedule for the issuance of sign permits in the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION I The sign permit fee schedule attached to this resolution, hereinafter known as Exhibit "1" of Article IX, Sign Standards, of the UDC, shall establish the fees to be charged in relation to the issuance of sign permits within the City. SECTION II The sign permit fee schedule attached to this resolution replaces any and all previous fee schedules for the issuance of sign permits within the City. SECTION III This resolution shall be effective for the issuance of all sign permits immediately from and after its final passage. PASSED, APPROVED AND ADOPTED the I~ dayof ~ ,2008. a~ Mayor, City of Schertz, Texas ATTEST: /,/-.._---} C it~ :cretary, City of Schertz, T~xaS (SEAL OF THE CITY) Sign Permit Fee Schedule New Sign Permit Same as Building Permit Fee - Based on Valuation Repairs of Less than Fifty Percent (50%) Same as Building Permit Fee - Based on Valuation Temporary Sign Permits $20.00 per sign permitted Development Sign $250.00 per sign permitted Re-Inspection Fee $75 per inspection