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2002S02-REVISE ART 9 SIGN STAND 0RDINANCE NO. ~7 ~,~ ~-~,~ .~ ~.~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE UDC, CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING ARTICLE IX, SIGN STANDARDS, AND REPLACING SAME WITH A REVISED ARTICLE IX, SIGN STANDARDS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1 THAT, Article IX of the UDC, City of Schertz, Texas is hereby amended to read as attached. 2 THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. 3 THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. ARTICLE IX SIGN STANDARDS PAGE SECTION 1 - Purpose ......................................................................................... 75 SECTION 2 - Objective ....................................................................................... '/5 SECTION 3 - Definifious ..................................................................................... '/5 SECTION 4 - General and Administrative Provisions .................................................80 SECTION 5 - Prohibited Signs .............................................................................. 85 SECTION 6 - Allowed Signs Not Needing Permits ...................................................... 86 SECTION 7 - Off-Premise Signs ............................................................................ 88 SECTION 8 - On-Premise Signs ............................................................................ 89 SECTION 9 - Special District Signs ........................................................................ 94 SECTION 10 - City of Schertz Sign Matrix .............................................................. 94 X Revised 27 Feb 2002 F. Billboard: Any flat surface erected on a frameback or on any stru~ure or attached to posts 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-earned signs shall not be considered a billboard. G. Builder Directional or Development Sign: Any temporary realty ground sign which announces a new subdivision or model homes. Builder directional signs are commonly referred to as "bandit signs". H. Building Sign: Any sign identifying the name or title of a specific building. Signs painted on the building's exterior are prohibited. I. City Building Official: The City Building Official as appointed by the City Manager, or his designated representative. J. Community Service Sign: Any sign which solicits support for or advertises a non-profit community use or activity, public use or activity, or social institution. Such signs may include, but shall not be limited to, seasonal holidays such as Christmas or Easter, school activities, charitable programs, or religious activities. K. Damaged Sign: Any sign which has become so deteriorated or dilapidated as to require more than minimal reconditioning to restore it to an average, normal state of repair. L. Directional Sign: (1) Traffic sign - official sign erected as required by government for public safety purposes. (2) Drive entrance/exit sign - directional sign relating solely to traffic circulation. These signs may be used in the setback as long as they are not larger than two feet (2') by two feet (2') and are no taller than thirty inches (30"), are not located within any right-of-way or interfere with the visibility triangle. They may be used to direct traffic in or out of the site but may not advertise any business, product, or service. (3) Restroom sign - sign identifying the location of restroom facilities. -76- Revised 27 Feb 2002 T. lfiegal Sign: Any sign which requires a permit and which is erected without a permit, any sign which is erected without the property owner's permission, any sign which is erected in a special zone without meeting minimum requirements of that zone, or any sign otherwise prohibited by Section 5 of this Article. U. Limited Access Highways: Interstate Highway 35 and Interstate Highway 10. V. Monument, Low Profile or Berm Sign: Any sign built close to the ground on short poles or a small berm of dirt, usually of brick or masonry construction. Monument signs may not exceed four feet (4') by six feet (6') or 24 total SF. W. Non-Conforming Sign: Any sign which does not conform to the current requirements of the zoning district in which it is located or generally applicable Zoning Ordinance standards, but that did meet all applicable requirements prior to adoption or amendment of the Zoning Ordinance. X. Off-Premise Sign: Any sign the content of which relates to premises, products, services, or activities not located on the premises where the sign is located. Y. On-Premise Sign: Any sign the content of which relates to the premises on which it is located, referring to names, locations, products, services or activities on such premises, or the sale, lease, or construction of such premises. Z. 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. AA. 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 othe~vise relating to issues of national, state, or local govermnental affairs. Signs are limited to four feet (4') X four feet (4') (16 SF total). Candidates must obtain property owner permission to post. The City requests that all election- related signs be removed NLT 30 days following the election. BB. Portable or Mobile Sign: Any sign designed or constructed to be easily moved from one location to another, including advertising vehicles or trailem or signs mounted upon or designed to be mounted upon a trailer, wheel cartier, 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. CC. Prohibited Sign: Any sign described in Section 5 of this Article. -78- Revised 27 Feb 2002 iMM. Variance: An exception to an exceptional condition which poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying their 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. NN. 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 Mangle completed by drawing a line through the property from both twenty-five foot (25') points on the converging streets. OO. Wall Sign: Any sign painted on, attached to or projecting from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. Wall signs that are painted on a building are not permitted. SECTION 4 - GENERAL AND ADMINISTRATIVE PROVISIONS 4.1 Number of Signs. All businesses shall be authorized to maintain two (2) exterior on-premise signs - one (1) sign on the exterior of one building and one (1) free-standing sign. 4.2 Uses of Signs. All signs, except for billboards, official, political, or community service signs, shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises. 4.3 Identification of Signs. All signs, unless otherwise allowed, shall meet the standards of the City Building Code and have the sign permit number and permit approval date (if applicable) affixed. Except as provided in this Article, all signs within the City and its extraterritorial jurisdiction require a permit issued by the City Inspection Department. 4.4 Sign Display. Except as otherwise permitted in this Article, no more than two sides of a sign structure may be used for display. 4.5 Location of Business/Residence - Address. All business and residence locations shall be identified by a street address sign which is clearly visible from the street. 4.6 Conflict of Del'tuitions. In the event that more than one sign-related definition applies to an existing or proposed sign, resulting in conflicting regulations thereon, the stricter definition, as reasonably determined by the City Inspection Department, shall apply. 4.7 Maintenance of Signs. Every sign, including those otherwise specifically exempt from regulation under this Article, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted or otherwise maintained, including all metal parts and supports thereof that are not galvanized or of rust resistant material. The City Building Official shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which constitutes a nuisance, a hazard to safety, health or public welfare by reason of -80- Revised 27 Feb 2002 B. Issuance of Permit. The City Building Official shall, within fifteen (15) working days of the date of application, either approve or deny the application or refer the application back to the applicant in instances where insufficient information has been furnished or, if a variance has been requested, refer the application to the Planning and Zoning Commission. C. Permit Application Information. The application for a sign permit shall be accompanied by the following information: (1) The name, address, and telephone number of the owner and any other persons entitled to possession of the sign, including the owner of the property on which the sign is to be located (if different from the owner of the sign), and of the sign contractor or erector. (2) The location by street address of the proposed sign. (3) A site plan and elevation drawing of the proposed sign, dimensions, materials, colors, caption of the proposed sign, and such other data (such as lighting) as are pertinent to the application. (4) Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy wires, supports and footing, and material to be used. (5) Application for, and required information for such applications, an electrical permit for all electric signs if applicable. (6) If the sign will have no electric power and will not be illuminated, a statement to that effect. (7) A statement of the sign's initial value. D. Completion of Work. If the work authorized under a sign permit has not been completed within (6) months after the date of issuance, said permit shall become null and void, and there shall be no refund of any fees paid. E. Certificate of Occupancy. Approval for each new business, facility, or office desiring to continue using or create a new sign shall be contingent upon approval of a Certificate of Occupancy and a properly documented site or sign plan. -82- Revised 27 Feb 2002 B. Fees. The variance fee shall be based on applicable fees in effect from time to time. C. Action by the Planning and Zoning Commission. (1) The Planning and Zoning Commission shall act upon a variance request within sixty {60) days of its first appearance on the Commission's agenda. (2) The petitioner and City staff representatives shall attend those meetings of the Planning and Zoning Commission at which a variance request is to be heard. (3) The Planning and Zoning Commission's determination of whether to grant or deny a variance shall, except as otherwise specifically provided in this Article, be final. D. Standards for Variance. The Planning and Zoning Commission may grant a variance when it has been determined from evidence presented that the variance will not (1) Alleviate a hardship or unusual practical difficulty created by the petitioner, the owner of the property, or any related party of either of them; (2) Be inconsistent with the intent, purpose, and objectives of this Code; and, (3) Adversely affect the health, safety, welfare, or aesthetics of the public, or be contrary to public interest. E. Effect of Denial. No requested variance which has been denied in accordance with the provisions established herein may be resubmitted for a period of one (1) year from the date of said denial, except on grounds of new evidence or proof of changed conditions found to be valid or appropriate by the Planning and Zoning Commission. F. Revocation of Approved Variance. In any case where on-site work on a sign has not been completed within six (6) months from the date of approval of the, said variance shall automatically become null and void. G. Maintenance of Records. The City Planning Department shall maintain complete records of all findings of fact and recommendations of the Planning and Zoning Commission relative to a requested variance. -84- Revised 27 Feb 2002 K. Bench signs. L. Builder directional signs (commonly referred to as bandit signs). M. Balloons or other gas filled advertisement devices. N. Signs with more than two (2) sides, provided that this Section shall not prohibit triangular or cube-type signs or multiple-sided signs that form a total enclosure of any geometric shape, the total sign area of all sides of such sign may not exceed the total sign area allowed for a two-faced sign or for the sign requirements for the specific type of sign. O. Signs which constitute a nuisance under the Code of Ordinances. P. Builder development signs not legally approved in accordance with Section 8 of this Article. SECTION 6 - SIGNS NOT NEEDING PERMITS. The following signs are permitted and are not required to have permits: A. Traffic control signs authorized by any governmental agency. B. Signs, notices, placards, certificates, and official papers, authorized or required by any statute, ordinance, government agency, or court. C. Public utility warning and underground line identification signs. D. Real estate for sale, rent, lease, and open house signs (for the individual sale of property), mail boxes and newspaper boxes that contain the logo of subscriber's newspaper, street numbering and address and family name signs on individual residence and for sale signs on boats or vehicles. In a residential neighborhood the maximum sign area of any such sign cannot exceed six (6) square feet. E. Public service identification signs, and signs for restrooms, credit cards accepted, business hours of operation, trade association memberships, gasoline and car wash signs for pumps, oil and supply racks, public telephones, ATMs, vending machines, and changing of prices on pricing signs. -86- Revised 27 Feb 2002 SECTION 7 - OFF-PREMISE SIGNS. 7.1 General. Except as set forth elsewhere in this Section, all off-premise signs not properly existing on the effective date of this revised Section 7 are prohibited in the City and its extraterritorial jurisdiction. 7.2 Exceptions. The following off-premise signs which otherwise meet the applicable requirements of this Article are permitted: A. Community service signs B. Garage sale signs C. Official signs D. Historical markers and plaques E. Political signs F. Realty signs G. Subdivision or neighborhood signs H. Temporary signs I. Traffic signs J. Advertising Vehicle or Trailer sign area are not to exceed four feet (4') by seven feet (7'), a total of twenty-eight (28) SF, and limited to one (1) per business. Vehicle and Trailer signs must receive a permit from the City Building Official. Vehicle or trailer signs are not to be displayed for periods in excess of thirty (30) days. -88- Revised 27 Feb 2002 B. Maximum Sign Height. (1) Along highways of limited access - fifty feet (50'). (2) Along highways of unlimited access - forty feet (40'). (3)Along all other City streets and thoroughfares - eighteen feet (18'). C. Setback. No portion of the sign shall extend beyond the owner's property line. At a minimum the sign shall be set back five feet (5') from the property line and shall meet all applicable structural requirements set forth in the City Building Code. D. Corner Lots. No more than one (1) on-premise sign shall be permitted except on a lot located at the intersection of two major thoroughfares or two expressways/interstates, or a major thoroughfare and an expressway/interstate. A free-standing sign shall be permitted on each thoroughfare or expressway/interstate or one (1) sign of the same size, height and setback may be placed on the comer, provided it is not within the visibility triangle. E. Visibility Triangle. No sign shall be placed within the visibility triangle unless the lowest portion of the sign is ten feet (10') or more above the average ground level. F. Roof Signs. Roof signs may be placed on the roof of a building provided the sign height, setback, sign area, and location requirements of this Section are met. FAA regulations shall control in the event of conflict with standards established by this Section. F. Temporary Promotional Signs. Any temporary business promotional signs may only be placed in or on windows and shall have a total combined sign area not exceeding ten percent (10%) of the area of all windows on the same wall. G. Development Signs. Ground signs announcing or describing a legally approved subdivision, construction project, or land development may be temporarily erected. If erected for a subdivision this sign may continue in use until the subdivision is seventy-five percent (75%) completed or five years, whichever is sooner. If such a sign is for a construction project or a contractor's signs for non-residential or multi-family construction, it may remain in place for no more than three (3) months. The maximum sign area of any development sign may not exceed thirty-two (32) square feet, and sign height may not exceed ten feet (10') above ground level. The Planning and Zoning Commission requires prior approval for such a sign before installation. -90- Revised 27 Feb 2002 (4) Location. A wall sign may be located on the outermost wall of any principal building, but shall not project more than txvelve inches (12") from the wall to which the sign is to be affixed. The location and arrangement of all wall signs shall be subject to the review and approval of the City Planner. (5) Sign Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or fifteen feet (15'), as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. B. Directory Sign. (1) Number. There shall be no more than one (1) free-standing exterior directory sign for each shopping center. (2) Sign Area. The gross sign area of a directory sign shall not exceed twelve (12) square feet for each exposed face for each tenant nor exceed an aggregate gross surface area of twenty-four (24) square feet. However, all tenants' signs within a directory sign shall contain the same number of square feet. (3) Sign Height. In no case shall sign height exceed forty feet (40'). (4) Contents. Each shopping center directory sign shall be limited to the name and address of the shopping center (at the top) and the name of the tenants of the shopping center in which the sign is to be located. C. Free-Standing Sign for Anchor Business. (1) Free-Standing Sign for Anchor Business. One (1) free-standing sign is authorized for a business of 50,000 square feet or more in a shopping center. (2) Sign Area. The total sign area of a free-standing sign shall not exceed two hundred (200) square feet. (3) Sign Height. Sign height shall not exceed fifty feet (50'). (4) Setback. No portion of the sign shall extend beyond the property line. At a minimum the sign shall be set back five feet (5') from the property line and shall meet all applicable stmctural requirements set forth in the City Building Code. -92- Revised 27 Feb 2002 SECTION 9 - OTHER SPECIAL SIGN DISTRICTS See Article VI1 for additional Sign District restrictions placed on Roy Richard Drive (FM 3009) and Schertz Parkway. SECTION 10 - City of Scherlz Sign Matrix Note: this matrix may/may not refer to the City of Schertz 's Special Overlay District requirements. lf the signage is to be located along FM 3009, FM 78, Schertz Parkway, or Main Street please rqfer to Article VI. Sign Type Dimension Number Permit Setback Note length/width Authorized Required height Anchor Business 200 SF, 50' 1 for 50K SF yes 5' Shall not extend beyond high shopping center property line Billboard Prohibited Shopping Center See para. 8.4 1 per tenant yes 5' A and B Advertising Vehicle or 4' X 7' (28 SF 1 per business yes N/A 30 days max Trailer total) Auxiliary May Not As required no 5' Exceed 2' X 3' Banner See Building As required yes 5' Must be on-premise, limited to 15 days, 14' off Official ground Bench Prohibited Builder Development 32 SF max 1 per yes 5' not to exceed development 10' in height Builder Directional Prohibited Referred to as "Bandit Signs" Electronic Prohibited -94- Revised 27 Feb 2002 Sign Type Dimension Number Permit Setback Note length/width Authorized Required height Political NTE 4' X 4' As required no N/A Must obtain (16 SF total) property owner permission to post. Signs must be removed NLT 30 days following election Portable/Mobile 2' X 3' (6 SF 1 yes N/A NTE 15 total) calendar days Realty (developed) (6 SF) max I yes N/A I per lot Realty (undeveloped) (32 SF total) 1 yes N/A I per lot Real estate (for sale 18" X 24" I yes N/A I per lot by individual) Rent 18"X 24" I no N/A Subdivision/ 4' X 8' (32 SF 2 yes N/A Neighborhood total) Wall 10% of wall surface I yes N/A or 100 SF lower) NHT parapet line or 15' whichever is less -96- Revised 27 Feb 2002 PASSED, APPROVED AND ADOPTED this the-~ day of /%~~ ,2002. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) PUBLISHER'S AFFIDAVIT THE STATE OF TEY~S, County of Guadalupe ." Before me, the undersigned authority, on this date personally appeared ?ommv C~-o,,¢ .. , known'to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper / timeC~) before the return day named therein, such publications being on the following dates: and a newspaper copy of which is hereto attached. Swor~r~~before me this //~J'~' day of , A.D., 2002. ~AROL ANN AVERY ~ ,t '' ,,~"" "~'S~E~ir~08-3~.20~4 ~ NotaW Public, Guadalupe County, Texas ups, sportscards, gold Ramos, Chief Opera- THE ESTATE OF POWERS, Deceased coins & more. tions OffiCer, at (830) CORNELIUS ROBERT I,l~D ~ (210)566-3028 10% B.P. 379-0606, ext. 235 for a POWERS, DE. AN ORDINANCE~ ¥, Sat. 9 to O. SoalesTX,f'10271. Statemont of Quallfica. CEASED;. Uons form. The corn- BY THE CITY CO[J~ k~'0ed. Hand The undersigned, bev- C~L OF THE CITY OF lo fumiturs, 4,1:~eted form ia due by furniture & .4!00 .p.m. ~ 'll~um~ay, k~g bee~ dU~y appek*~ SCHERTZ, TEXAS, IndePendent Executor PROVDING THAT March 28, 2002 and of Ifle F.~ate of COR. THE UDC, CITY OF ~s chains ANNOUNC~ can be ~lelivered or NELIU$ ROBERT SCHERI~, TEXAS, BE L Come tO ~ ~ fo Mr. Ramo~ at POWERS, Deceased, AMENDED BY DELE'r:. at yeilow ~I~IC~ Segutn, TX 78155. Cou~y Couet of lNG ARTTCLE IX, SIGN ~ ~_~.ll~k:~v The ~guln In.pond. -- eua,~lupe COUnty, STANDARDS. AND ,~ ~ent 8~ Dt~lct't~ In ' Tme~, on ll~ls ~ 7lb REPLACING SAME .. - the process of selec- ~ of Marcl~ 2oo~, WrmA~DA,~ ~I' tiong an ei~l~l~ ~ ~ ~pee-~ IX, $IG~ firm for a future con- so~e indebted fo Said STANDARDS; PR~ strucflon program ttlat ~ DI~. ~ to. c~ne fon~ar~ VIDING AN EFFE~,~ consists of bolfl new ml~ make settlement, TIVE DATE: AND RE-~ construction and reno. ~ thoee ~ claim PEALING ALL ORD,, valfols fo ~ fao~ agaklM eak:l e~ate to NANCE$ IN CON~ conatmclfon ~ In- CHAEL CORNEuus APproved o~ ~ ree~ clude: e new middle POWERS wlthln Ihe ~g Fei0mmy 19, 2002. Bunny Loves Me Hurry! Deadline is Wednesday, March 20th! THE STATE OF TEXAS, Countyof Guadalupe ... Before me, the undersigned authority, on this date personally appeared Tomr~v Crow .. , known'to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper / time('~) before the return day named therein, such publications being on the following dates: and a newspaper copy of which is hereto attached. ~ subscribed before me this .//-~--~ day of CAROL ANN AVERY' ota; Pubh~adalupe County, Texas ~ ~ ~ ~ ~ ~0 a~ ~-or~r:~ ~ w~n ~,T~. 5AID I