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HomeMy WebLinkAboutOrdinance No. 2023-26 ORDINANCE NO. 2023-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, REPEALING APPENDIX A "SIGNS" OF THE FRIENDSWOOD CITY CODE; AMENDING THE FRIENDSWOOD CITY CODE BY ADDING A NEW APPENDIX TO BE NUMBERED AND ENTITLED APPENDIX A "SIGNS" TO MAKE CHANGES TO THE SIGN CODE, INCLUDING, BUT NOT LIMITED TO, CLARIFYING AND ADDING DEFINITIONS; ESTABLISHING A SIGN ADMINISTRATOR; FORMALIZING THE REFERENCE TO PERMIT FEES AND REQUIRED INSPECTIONS; ADDING PROVISIONS TO REVOKE PERMITS; RELOCATING MEASUREMENT STANDARDS TO A NEW SECTION FOR CLARITY; INCORPORATING THE VISIBILITY TRIANGLE DRAWING; EXPANDING T PROHIBITION OF LED WINDOW LIGHTS TO ALL ZONING DISTRICTS;ADDING FLAG BANNERS AND INFLATABLE SIGNS AND TETHERED BALLOONS GREATER THAN 18 INCHES IN DIAMETER TO THE LIST OF PROHIBITED SIGNS; ADDING MORE SPECIFIC CRITERIA TO ILLUMINATION SPECIFICATIONS; AMENDING PROVISIONS RELATED TO TEMPORARY SIGNS (BANNERS) AND GRAND OPENING SIGNS; ADDING A PROVISION FOR CONSTRUCTION SIGNS; UPDATING THE POLITICAL SIGN REGULATIONS IN ACCORDANCE WITH THE TEXAS ELECTION CODE; INCORPORATING REVISIONS TO STREET BANNER REQUIREMENTS; ALLOWING ADDITIONAL SIGNAGE OF FUEL CANOPIES; UPDATING NON- CONFORMING SIGNS; CHANGING THE REQUIREMENTS FOR WALL SIGNS EXCEEDING THE ROOFLINE TO ALLOW MORE FLEXIBILITY; AND ADDING PROVISIONS FOR APPEALS; PROVIDING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY,PUBLICATION AND AN EFFECTIVE DATE. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That Appendix A "Signs" of the Friendswood City Code is hereby repealed in its entirety. Section 2. That the Friendswood City Code is hereby amended by adding a new appendix to be numbered and entitled Appendix A "Signs,"which appendix shall read as follows: APPENDIX A. SIGNS Sec. 1. Definitions. The following words, terms and phrases, when used in this appendix, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animated sign means a sign that uses movement to depict action or create a special effect or scene or contains visible moving or rotating parts. Awning means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. Banner sign means a temporary sign made of fabric or other non-rigid material that is fire- retardant. Billboard means any sign containing a commercial or noncommercial message that directs attention to a business establishment, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises where such sign appears. If such business establishment, commodity, service, or entertainment is merely incidental to the use of such property where such sign appears, such sign shall be deemed a billboard. Business establishment means a project or undertaking that involves the use of one lot with buildings or structures,permanent or temporary, for the primary purpose of conducting on said lot a commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered one business establishment for the purposes of this appendix. Business frontage means the side of a building that contains the primary entrance of the building. Business Park means business establishments located in a business park zoning district (per Appendix C zoning ordinance). Changeable copy sign means a sign on which the copy changes either automatically, such as by electrical or electronic time and temperature units or manually in the field, such as reader boards with changeable letters. Changeable electronic variable message sign (CEVMS) means a sign that permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. The term "CEVMS" does not include a sign located within the right-of-way that functions as a traffic control device and that 2 is described and identified in the manual on uniform traffic control devices (MUTCD) approved by the Federal Highway Administrator as the National Standard. Civic sign means a sign that identifies a nonprofit institution or organization. Commercial message means a message that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity that is conducted for profit by a person or entity in business for profit. Development means: (1) A single lot (as defined in this section) with multiple buildings on it with said buildings not intended for sale but which may be leased, or square footage sold, on a condominium basis; or (2) An assemblage of multiple lots within a common plat boundary with multiple buildings on it with said buildings intended for sale, lease, or sale on a condominium basis, and which in either case makes up one business establishment or industrial complex. Directory sign means a sign for the purpose of uniformly listing the names of tenants in an office park or business park. Double-faced sign means a single sign with two parallel sign faces back-to-back. Finished grade shall mean the highest-grade elevation within five feet (5') of the foundation or wall of the building, said grade having been established by means of an approved grading and/or drainage plan. Finished grade may also be the natural grade elevation when no terrain alteration is proposed, or where otherwise applicable. Any fill which is not required to achieve positive site drainage or slope stabilization, or which is otherwise proposed to raise the site for any other purpose,shall not be finished grade for the purpose of measuring height. Fire-retardant means not capable of supporting combustion or flame. Flag banner means a sign made of non-rigid material attached to the ground and supported on a horizontal, rigid pole, but does not include a flag; also known as a teardrop banner, feather banner, or feather flag. Flagpole means a free-standing structure permanently mounted on the ground and designed and constructed for the purpose of hanging flags. Flashing sign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention, but not including changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light. 3 Garage sale means the sale of items that a resident or group of residents conduct from a garage and/or yard, and which items offered for sale are used or discarded by those residents offering them for sale. Grand opening means the formal offering by a new business of its goods, wares, merchandise, service, entertainment, or activity. Ground sign means any sign mounted on the ground or supported by one or more columns, poles,uprights, or braces anchored in or on the ground and not attached to any building,including changeable copy signs. Handheld sign means any sign that is not self-supporting and is carried by or is under the immediate control of a person and shall include sandwich-board signs and persons in costume or otherwise dressed to call attention to a business. Identification sign means any sign that carries only the firm, business establishment, or corporate name, the major enterprise on the premises, or the principal products offered for sale on the premises. Integrated business development means a development consisting of two or more interrelated business establishments using common driveways and onsite parking facilities, including, but not limited to, shopping centers, office complexes, office buildings, and business parks. Lot means a physically undivided tract or parcel of land having frontage on an accessway and which is, or in the future may be, offered for sale, conveyance,transfer, or improvement; and which is: (1) Designated as a distinct and separate tract; and (2) Identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded. Master sign plan means a plan depicting the location,size,height,and materials of all signs to be placed on a building and on the site. Monument sign means a sign not more than seven feet (7') in height from natural ground level to the highest portion of the sign, designed and constructed to substantially appear as a solid block, rectangle, or square. Multi faced sign means a single sign with two or more faces,which are not parallel or back- to-back. Natural grade means the natural ground adjacent to the slab at its centerline paralleling the front of the structure. Natural ground is assumed to be the ground surface existing prior to placement of the building pad. 4 New business means a business new to the premises on which it is located, a business having a change in ownership of 50 percent or more, or the expansion of an existing building or structure if such expansion increases the size of the area devoted to the primary use, in building floor square footage,by 50 percent or more. Noncommercial message means any message other than a commercial message. Nonconforming sign means a sign erected and maintained prior to the adoption of the ordinance from which this appendix is derived, or any applicable amendment thereto, that does not conform with the requirements hereof. Nonresidential district means any district that is not a residential district. Obsolete sign means any on-premises sign, or any part thereof, which identifies or advertises a business, person, product, accommodation, service, or activity that has ceased to operate on the premises upon which the sign or sign structure is located. Off-premises sign means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Office complex means one or more commercial buildings with multiple business establishments providing services but not delivering products directly to customers and consisting of two or more tenants using common driveways. Office Park means business establishments located in an office park zoning district (per Appendix C zoning ordinance.) On premises sign means a sign identifying or advertising a business, person, activity, goods,products, or services, located on the premises where the sign is located. Open house means a designated period during which a property is open for viewing by prospective purchasers. Portable sign means any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign hereunder. Public service sign means a sign that provides a service or message to the public, such as time, temperature, and charity appeals. Reader panel/reader board means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures. 5 Residential district means those districts zoned single-family residential dwelling district (SFR), single-family residential dwelling district - estate (SFR-E), multi-family residential dwelling district - low (MFR-L), multi-family residential dwelling district - medium (MFR-M), multi-family residential dwelling district-high(MFR-H),garden home district(GHD),and mobile home residential dwelling district (MHR) in the zoning ordinance of the city, contained in Appendix C to this Code. Roofline means the height above finished grade of the upper beam, rafter, ridge, or purlin of any building. Sign means any structure, part thereof, or device or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee, or similar appendage, or permanently affixed to the glass on the outside of the building or structure, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light, or other representation used as or in the nature of an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business establishment, profession, enterprise, industry,activity,or any combination thereof;where the term"sign" is used herein without further modification,the same shall be understood to embrace all regulated signs and replicas. Sign facing means the facing of any sign upon, against, or through which the message is displayed or illustrated. Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, stakes, fences, utility poles, or other like objects, the advertising matter of which is not applicable to the present use of the premises on which the sign is located. Street banner means a sign constructed of porous material of at least 80 percent cotton mesh with tie-down ropes on each corner. Temporary sign means any sign constructed of materials with short life expectancies. A portable sign shall not be considered a temporary sign. Vision triangle means an unoccupied triangular space at the street corner of a corner lot. The triangle is formed by connecting the point where each right of way line intersects, and two points located twenty-five feet(25') along each right-of-way line. Wall sign means a sign, either of solid face construction or individual letters, symbols, or pictures,which is attached to the exterior of any building or structure. Sec. 2. Administration. a. Sign Administrator. The community development director or their designee shall be the sign administrator charged with administering and enforcing the terms and conditions of 6 this chapter and all other provisions of laws relating to signs. The sign administrator is empowered to delegate the duties and powers granted to and imposed upon him by this chapter to other persons serving under the sign administrator. b. Enforcement responsibility. The duties of the sign administrator shall include not only the issuance of permits as required by this chapter, but also the responsibility of ensuring that all signs comply with this chapter and any other applicable laws and that every sign for which a permit is required does in fact have a permit. c. Sign permits. It shall be unlawful for any person, unless provided otherwise in this appendix, to erect, structurally alter, relocate, lease, rent, or own any sign within the city without first obtaining a permit for such sign. (1) Application. All applications for sign permits shall be accompanied by a plan or plans drawn to a standard architectural or engineering scale which shall include the following: (a) The dimensions of the sign and, where applicable, the dimensions of the surface of the building to which it is to be attached. (b) The dimensions of the sign's supporting members. (c) The maximum and minimum height of the sign. (d) The proposed location of the sign in relation to all buildings on the premises where the sign is to be located. (e) The proposed location of the sign in relation to the boundaries of the premises upon which it is to be situated. (0 The location of all electrical transmission lines within thirty feet(30')of any part of such proposed sign structure. (g) Each permit application shall be signed by the property owner,or his agent, and the sign installer. (2) Issuance. Upon the filing of an application for a sign permit, the plans, specifications, and other data shall be examined by the community development department. If it appears that such proposed sign is in compliance with the requirements of this appendix and other laws of the city, and the applicant being in compliance with all building ordinances of the city and other permits issued by the city,the community development department shall issue the applicant a permit for such sign. Such sign shall thereafter be constructed in accordance with the plans, specifications and other data submitted to the community development department. 7 (3) Revocation. The sign administrator may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied,or whenever such permit is issued in violation of any local, state, or federal regulations. Notice of suspension or revocation shall be issued to the permit holder, owner of the sign, or owner of the subject property in writing. d. Fees. (1) Required. Fees for the permits required under this division shall be paid to the community development department as established in Appendix D, Fees. (2) Refund. The applicant for a permit or holder of a permit shall not be entitled to a refund of any fee paid if the permit is revoked. (3) Work without permit.Work started without a permit shall be double the permit fee. e. Inspections. The sign administrator shall make such inspections as may be necessary and shall initiate appropriate action to bring about compliance with this chapter and other applicable laws if such inspection discloses any instance of noncompliance. The sign administrator shall investigate thoroughly any complaints of alleged violations of this chapter. f. Exceptions. A permit shall not be required for the following: (1) The electrical, repainting, or cleaning maintenance of a sign. (2) The changing of the message of a changeable copy sign. (3) Residential real estate signs for single-family units pursuant to section 15.d.(2). (4) Residential real estate signs for multi-family units pursuant to section 15.d.(3). (5) Temporary direction signs pursuant to section 15.e. (6) Temporary political signs pursuant to section 15.f. (7) Garage sale signs pursuant to section 15.g. (8) Open house signs pursuant to section 15.h. g. Stop orders. The issuance of a permit under this appendix shall not constitute a waiver of this appendix or other ordinances of the city. The sign administrator is authorized to issue stop orders for any sign which is being constructed or used in violation of this appendix or any other ordinance of the city. 8 Sec.3. Violations are prohibited. a. It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent, or own within the city any sign not expressly exempted from regulation by this appendix without first satisfying the requirements of this appendix. b. It shall be unlawful for any person to violate any provision of this appendix. c. The violation of any provision of this appendix shall constitute a misdemeanor. The imposing of any penalty under this subsection shall not prevent the enforced removal and abatement by the city of any prohibited condition. d. Any person found to have violated any provision of this appendix shall, in addition to any fine imposed under this section,reimburse the city for any of its costs and expenses, direct or indirect, including removal of the violating sign, attorney's fees, and employee wages and salaries, incurred in enforcing this appendix against such person. e. The sign administrator may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or based on incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued,the owner of the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. Upon revocation of the permit, any portion of the sign in place because of the permit shall be removed within ten(10)days by the owner of the sign or the owner of the site on which the sign is located.Failure to remove the sign shall be deemed a violation of this ordinance. f. The sign administrator may periodically inspect each sign regulated by this ordinance for the purpose of ascertaining whether the same is obsolete and whether it needs removal or repair. g. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit,an investigation may be made before a permit may be issued for such work. Sec. 4. Maintenance. All signs and sign structures shall be kept in good repair and neat in appearance, including replacement of defective parts,painting, repainting, and cleaning. 9 Sec. 5. Projection of signs. a. No sign or any portion thereof shall project or extend over any public sidewalk, street, alley,or other public property.A supporting member of a sign shall be located at least three feet(3') from the property line of the property upon which it is situated. b. Signs projecting more than eighteen inches (18") from the face of the building or supporting structure over private property used or intended to be used by the general public shall have a minimum clearance of eight feet(8') above the pavement of finished grade. c. No sign shall be attached to a building in such a manner that the sign surface, or any part thereof, exceeds in height the highest roofline or parapet of such building. Sec. 6. Structural requirements. a. Compliance with building code. All signs and sign structures shall comply with the pertinent requirements of the building codes of the city, including, but not limited to, all structural, electrical, and windstorm requirements. b. Transmission lines, minimum spacing. All signs and sign structures shall have a minimum clearance of eight feet(8')vertically and eight feet(8')horizontally from any transmission line carrying 750 volts or greater. c. Wiring. Any wiring to an energized sign shall be installed underground, except where impractical or infeasible, as determined by the building official, and in such instances shall be at least fourteen feet(14') above ground level. Sec. 7. Measurement standards. a. Sign face area shall be measured as the smallest area enclosed by straight lines drawn to the extremities of the letters, numbers, recognizable symbols, and trademarks; provided, however, if there is background in addition to the lettering, background material shall be included if the background is uniquely associated with the letters. b. Sign height shall be measured from finished grade level to the top of the sign structure and shall not exceed seven feet (7'). Sign pads shall not be mounded to achieve additional height. c. Double-faced sign area shall be calculated only on one side of the sign. d. Awnings. The portion of an awning that contains graphics, symbols and/or written copy shall be included as part of the aggregate sign area calculation. 10 e. Business frontage shall be measured by the horizontal width of a tenant's building or lease space, where the front entrance is located. When two or more entrances are utilized on separate sides of a building, the entrance where the tenant is addressed shall apply. Sec. 8. Traffic hazards. a. It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent, or own any sign in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision, regardless of location, by reason of the position, shape, color, or movement which may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; nor shall such sign make use of any word, phrase, symbol, or character in such a manner as to interfere with, mislead, distract or confuse vehicular or pedestrian traffic. b. The chief of police of the city, or his duly qualified representative, shall be the sole judge of a violation under this section. c. Attaching, placing, affixing, or leaning any material onto, painting over, changing the wording of, or covering a traffic sign (regulatory or informational) shall be prohibited. d. Signs shall not be placed within the vision triangle. Y / BUILDING • LL.; CC 4' R.O.W.LINE SIDEWALK : :;::DO NOT:PLACE:SIGNS IN:THIS:AREA 25 STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STREET Sec. 9. Prohibited signs. Signs of the following nature are expressly prohibited unless specifically authorized by this appendix: 11 a. Billboards, including,but not limited to,new off-premises, changeable electronic variable message signs (CEVMSs). Exception: existing billboards may be converted to CEVMSs, provided that they meet the requirements in section 26.f. b. Signs that contain statements, words, or pictures of an obscene, indecent, or immoral character as will offend public morals or decency. c. Obsolete signs. d. Animated signs. e. Signs that contain or have attached thereto banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, flash tags or other similar devices. f. Signs attached to exposed amenities, such as benches or trash containers. g. Any stereopticon or motion picture machine used in conjunction with or attached to any sign in such a manner as to permit the images projected therefrom to be visible from any public street or sidewalk. h. Snipe signs. i. Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential area. j. Signs placed on private property without the consent of the owner of the property. k. Flashing signs. 1. Ground signs, except monument signs. m. Miniature, mini, Christmas, rope string lights, exposed LED storefront lights, or other similar lighting in or framing windows (interior or exterior), including attached to the window frames except for lighting from November 15 to January 15. n. Flag banners. o. Inflatable signs and tethered balloons greater than 18 inches in diameter. Sec. 10. Signs on public property. a. Signs on public property. It shall be unlawful to place a sign in or upon any public property, including, but not limited to, a public street, sidewalk, right-of-way, easement, curb, grounds, bridge, or building, unless express consent therefor shall have been first granted 12 by the city council. This subsection shall not apply to signs required to be placed by a public employee in the regular course and scope of his employment. b. Impoundment. (1) Any sign in violation of subsection a of this section may be removed without notice to the owner thereof. Employees of the police department,the department of public works, and community development are hereby authorized to remove any such signs and transport or cause the same to be transported to a location to be designated by the community development department. Snipe signs may be discarded immediately.The custodian of the storage area shall maintain records of where such signs were located when they were so removed and the date on which they were so removed and, except for snipe signs, shall hold the same in the storage area for a period of not less than thirty (30)days. (2) Any sign so held may be redeemed by the owner thereof upon the payment of a fee to the city set in Appendix D to this Code. Such fee shall be in addition to and not in lieu of any fine imposed upon such owner for violation of this subsection. Any sign impounded and stored and not redeemed by the owner thereof within thirty (30)days may be disposed of or sold at public auction in the same manner as surplus property of the city. c. Exceptions. (1) Public athletic facilities. Public athletic facilities may have signs attached to fences surrounding such facility to give public information or team sponsor advertising. Except for scoreboards, such signs shall not project above the fence line and shall face the athletic facility. (2) Public and private parks. Public and private parks may have signs to give information and/or regulations concerning park use. Sec. 11. Painted signs. Painted signs shall be on permanently weatherproofed materials,and all sign surfaces shall be painted or treated with weatherproofed materials. Sec. 12. Changeable copy signs. a. Residential districts. A changeable copy sign, such as a reader board, may be integrated into the allowable sign so long as the total area of the changeable copy message does not exceed six square feet (6 ft2) of the sign area, subject to the restrictions set forth in subsection c of this section. 13 b. Nonresidential districts, and religious organizations and schools in residential districts. A changeable copy sign, such as a reader board, may be integrated into a permanent monument sign so long as the total area of the changeable copy message is limited to a maximum of twenty-five square feet(25 ft2) of the sign area, subject to the restrictions set forth in subsection c of this section. c. Restrictions. All changeable copy signs shall be subject to the following restrictions: (1) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists. (2) All changeable copy sign faces shall be limited to a maximum of twenty-five square feet (25 ft2) in sign area, or the maximum size of the type of permanent sign on which the face is placed, whichever is less. Sec. 13. Illumination of signs. a. A conforming sign may be illuminated but only by: (1) Upward lighting of no more than four (4) bulbs per direction of the sign face or faces of the structure; or (2) Downward lighting of no more than four(4) bulbs per direction of the sign face or faces of the structure. b. Lights that are a part of or illuminate a sign: (1) Must be shielded, directed, and positioned to prevent beams or rays of light from being directed at any portion of the traveled ways of a public or private street; (2) May not be of such intensity or brilliance as to cause vision impairment of a driver of any motor vehicle on a public or private street or otherwise interfere with the driver's operation of a motor vehicle; (3) May not obscure or interfere with the effectiveness of an official traffic sign,device, or signal; and (4) Shall be shielded to prevent the source of lighting from being directly visible from residential property. c. Awnings shall not be backlit. Any down lit awning shall be opaque. d. All wiring to monument signs shall be installed underground. 14 Sec. 14. Portable signs. a. Grand Opening. One portable sign may be displayed by a new business enterprise to give notice of its grand opening for a period not to exceed thirty(30)consecutive days from the date the Certificate of Occupancy is issued. b. Allowed. One portable sign may be displayed on nonresidential property,in addition to that allowed for grand openings, for twenty-one (21) days during any calendar year. c. Size. The portable sign shall not exceed thirty-two square feet(32 ft2) in sign area. d. Location. Signs shall be placed no closer than three feet(3') from the edge of the property and/or any sidewalk; in no case shall the sign be placed in a state or city right-of-way or street median. e. Permits. Required. f. Limit. (1) If a changeable copy sign is located on the property, a portable sign is not permitted. (2) No more than one portable sign shall be displayed on any one nonresidential property at a time. g. Handheld signs that include a commercial message are prohibited upon any public rights-of- way,including,but not limited to, any public sidewalk, street,alley, or other public property. h. Handheld signs that are on private property, but are visible from a street or roadway, are permitted where an applicant satisfied the following: (1) Size. Sign size does not exceed four square feet(4 ft2). (2) Permits. Required. (3) Location. May be located where the applicant has legal permission to display the sign. If the applicant does not own or lease the private property upon which the handheld sign will be displayed, applicant must provide a letter of approval from the property owner where the sign will be displayed. i. Regulations involving handheld signs on private property do not apply to political signs that are otherwise compliant with this appendix and V.T.C.A., Local Government Code Ch. 216. 15 Sec. 15. Temporary signs. a. Generally. (1) Contractors may place a sign on property where actual construction (landscaping, roofing,pool, etc.)is taking place, unless otherwise regulated by section b. below. Such sign may be placed on such property for the duration of construction plus ten(10) days, shall not exceed six square feet (6 ft2) in sign area, and shall not exceed seven feet (7') in height above the natural ground level.No permit is required for such signs. (2) Except as otherwise provided, a permit shall be required for any temporary sign authorized in this section. Such permits shall be granted for a period not to exceed 24 months, and at the expiration of the permit period all such temporary signs shall be removed unless a new permit is obtained. (3) Temporary signs shall be placed no closer than three feet (3') from the edge of the property and/or any sidewalk; in no case shall the temporary sign be placed in a state or city right-of-way or street median. (4) Temporary signs may not be illuminated or have moving elements. b. Construction signs. (1) Allowed. Two (2) temporary signs denoting the owner, architect, financial institution,general contractor, "coming soon," or any statement pertaining to a non- residential project. (2) Location. Such temporary sign(s)shall be located on the premises where the project is located. (3) Size. For tracts of two acres or less,each sign shall not exceed 16 square feet(16 ft2) in sign area; for tracts of greater than two (2) acres, each sign shall not exceed 32 square feet(32 ft2) in sign area. (4) Removal. Signs must be removed within ten(10)days of the issuance of a certificate of completion or certificate of occupancy, whichever is sooner. (5) Permits. Required. c. Banners. (1) Allowed. In lieu of using a portable sign as authorized by section 14, one on- premises banner sign may be displayed. (2) Location. On the property where the business is located; affixed to business structure and not above the roofline. (3) Size. The banner shall not exceed 32 square feet(32 ft2)in sign area. 16 (4) Permits. Required. (5) Placement and removal. The banner shall be placed no sooner than the begin date on the approved sign permit and shall be removed no later than the end date on the approved sign permit. d. Residential real estate signs. (1) Subdivision, Builder, or Model Home signs. (a) Allowed. One sign is allowed per three hundred feet (300') of main street frontage. Signs on model home lots do not count against this limit. (b) Location. (i) A lot, tract, or reserve that is not intended for sale and the maintenance of which is the responsibility of the builder,developer, or homeowner association. Such signs are commonly located at the main or secondary entrance of a subdivision or other residential development. (ii) A lot on which a model home is located. (c) Size. Each sign not to exceed thirty-two square feet(32 ft2) in sign area. (d) Removal. Such temporary real estate subdivision signs shall be removed 24 months from the date the permit is issued. (e) Permits. Required. (2) Single-family units. (a) Allowed. One temporary sign allowed for each single-family dwelling unit or lot to give information concerning leasing,renting, or selling of a single- family unit or lot. (b) Location. Such temporary sign may be located anywhere on the premises except as restricted by the zoning ordinance, provided that such sign may not project beyond the property line and is only for the property upon which such sign is erected. (c) Size. Each temporary sign not exceeding six square feet(6 ft2) in sign area. (d) Removal. Single-family residence signs shall be removed within ten (10) days of the unit or lot being leased,rented, or sold. 17 (e) Permits. Not required. (3) Multi family units. (a) Allowed. Two temporary signs shall be allowed for each complex to give information concerning leasing, renting, selling, or financing of the unit on the property upon which such sign is erected. (b) Location. On the property where each complex is located. (c) Size.Not to exceed six square feet(6 ft2) in sign area. (d) Removal. Signs must be removed within ten(10)days after the date that the leasing,renting,selling,or financing of all the units in each complex occurs. (e) Permits.Not required. (4) Vacant acreage. (a) Allowed. One temporary sign may be allowed for each street frontage advertising vacant acreage to give information concerning selling, leasing, or renting of the property. (b) Location. On the property that is intended for sale, lease, or rent. (c) Size. For vacant tracts of two acres or less, such sign shall not exceed 16 square feet (16 ft2) in sign area; for vacant tracts of greater than two acres, such sign shall not exceed thirty-two square feet(32 ft2) in sign area. (d) Removal. Signs must be removed within ten(10)days after the date that the acreage is sold, leased, or rented. (e) Permits. Required. (5) Temporary signs for new integrated business developments, shopping centers, office parks, and business parks. (a) Allowed. One temporary sign for each street frontage of any new integrated business development,shopping center,office park,or business park to give information concerning leasing, renting, construction, financing or selling of such property upon which such sign is erected. (b) Location. May be located at the entrance for the development. 18 (c) Size. The sign area for such temporary sign shall not exceed thirty-two square feet(32 ft2). (d) Removal. Signs must be removed no later than twenty-four (24) months after the date the permit is issued. (e) Permits. Required. e. Temporary direction signs. (1) Allowed. Temporary signs that direct the public to a special event of civic interest, such as parades, organized holiday festivities, or other special events which are conducted by and benefit charitable or nonprofit organizations. A maximum of up to two temporary direction signs are allowed per lot. (2) Size. Such signs shall not exceed thirty-two square feet(32 ft2) in area. (3) Location. Signs may be placed on private property with the permission of the property owner. (4) Removal. Such signs are erected only for a period not to exceed ten(10)days before and two(2) days after the event. (5) Permits. Not required under the following conditions: The event must be conducted by a charitable or nonprofit organization, all proceeds derived from such event will be used to further the purpose of said organization, and that the management and supervision of such event will be under the total control of the said organization. If all the above conditions are not met,a permit shall be required. The city shall contact event organizers when necessary to confirm that the event in question is charitable and/or nonprofit, consistent with the conditions herein. f. Temporary political signs. Temporary political signs shall comply with the regulations set forth in Texas Local Election Code, Chapter 259. Political Signs. (1) Private property. No permit shall be required under this chapter for a sign that contains primarily a political message and that is located on private real property with the consent of the property owner,provided that such sign: (a) Does not have a surface area greater than thirty-six feet (36'), excluding the sign structure; (b) Is not more than eight feet(8')high; (c) Is not illuminated; and (d) Has no moving elements. 19 (2) As used in this subsection, "private real property" does not include real property subject to an easement or other encumbrance that allows the city to use the property for a public purpose. (3) Public property. (a) Prohibited. Except as provided in subsection (b)(2) of this section, a sign that contains primarily a political message is prohibited on public property, including the rights-of-way. (b) Exception.A sign that contains primarily a political message may be in a designated area at least one hundred feet(100')from the main entrance to a polling place during a voting period at such polling place. An area may be designated by the city manager when a city facility is used as a polling place or by an official of another governmental entity when such entity's facility is used as a polling place. As used in this subsection, "voting period" means the continuous period beginning on the date that the polls are open for voting and ending on the date when the polls at such location are closed or the last voter has voted, whichever is later. (4) Removal. The sign administrator may remove and dispose of any political sign placed on public property or within the public rights-of-way. (5) Permits. Not required. g. Garage sale signs. (1) Allowed. Up to four signs can be posted no more than 24 hours before the sale begins. (2) Location. Signs may be placed on private property with the permission of the property owner; no sign shall be placed on public property or in the city rights-of- way. (3) Size. Each sign shall not exceed six square feet(6 ft2) in sign area. (4) Removal. Signs must be removed on the last day of the sale by day's end. (5) Permits. Not required. h. Open house signs. (1) Allowed. Up to four signs for each open house. Once an open house has been held on a property,open house signs shall not be placed on the same property before the expiration of five (5) days from the removal of the signs for the previous open house. 20 (2) Location. Signs may be placed on private property with the permission of the property owner; no sign shall be placed on public property or in the city rights-of- way. (3) Size. Each sign shall not exceed six square feet(6 ft2) in sign area. (4) Removal. Signs must be removed at the close of the open house. i. Temporary street banner signs. (1) Allowed. Subject to the requirements of this section, charitable organizations and nonprofit organizations having a principal office in the city, Clear Creek Independent School District, and Friendswood Independent School District are allowed one temporary street banner sign during a calendar year to advertise an event to be held within the city limits and to which the general public is invited. (2) Application. A charitable and non-profit organization, or public school district located within the city limits desiring a temporary street banner sign shall make application for a license to the director of public works at least sixty (60) days in advance of the advertised event. Such application shall be made in writing and shall include the following: (a) The name and address of the charitable and non-profit organization, or public school district located within the city's corporate limits conducting the public event as well as the name, address, phone number, and email address of the contact person for the application; (b) The name, location, and dates of the event; (c) The content of the temporary street banner sign; (d) A copy of the signed permit or agreement from the state department of transportation for the temporary street banner sign; (e) A license agreement, as prescribed by the city, for the temporary street banner sign, which agreement is executed by the charitable and non-profit organization, or public school district located within the city's corporate limits; (f) A certificate of insurance issued by a company authorized to do business in the state naming the city,its officers,and employees as an additional insured and including a waiver of subrogation in favor of the city,in amounts of not less than the amounts printed in Appendix D to this Code; (g) A copy of proof of non-profit organization; 21 (h) A non-refundable application fee set by resolution and printed in Appendix D to this code; and (i) Such other information as may be requested by the director of public works. (3) Materials.All temporary street banner signs shall be constructed of porous material of at least 80 percent cotton mesh with tie-down ropes on each corner. The director of public works may promulgate additional standards as necessary to protect public health, safety, and welfare. (4) Location. Temporary street banner signs may only be erected in front of Stevenson Park and extend across Friendswood Drive from city designated poles. (5) Size. Each temporary street banner sign shall not exceed twenty-five feet (25') in width and no more than four feet(4') in height. (6) Timing limitations. (a) Except as provided in subsection 7 of this section, temporary street banner signs,other than the city's temporary street banner signs,may be erected for no more than seven(7) consecutive days. (b) No temporary street banner signs, other than the city's temporary street banner signs, shall be permitted each year during the following periods: (i) The months of November and December; (i i) Between June 20 and July 14; (i i i) Between the commencement date of early voting for a general or special municipal election and seven(7) days after the date of such election or any runoff election resulting therefrom. (c) No charitable and non-profit organization or public school district located within the city's corporate limits shall be granted more than one temporary street banner sign permit in any calendar year. (7) Approval. Temporary banner sign permits along with the city license agreement must be approved by the city manager. The license agreement may extend the period specified in subsection f for no more than seven (7) additional consecutive calendar days by the city council if the city council makes the following findings: (a) The length of the event and the expected attendance at the event justify an extension of the permit; (b) The general purposes of this section are observed and maintained; and 22 (c) The granting of such an extension will not be injurious to the public health, safety, or welfare. (8) Fee. If a permit application under this section is approved by the city manager,the permittee must pay the city the banner permit fee, set forth in Appendix D to this code, prior to the erection of the banner to defray the city's cost. (9) Revocation. Notwithstanding anything in this code or in the license agreement to the contrary, the director of public works has the right, power, and authority to revoke a permit and terminate a license agreement if: (a) the temporary street banner sign poses a risk to the public health, safety and welfare as determined by the director of public works; (b) the city manager determines that the licensee has breached the license agreement; or (c) the city council approves another temporary street banner sign that is to be on display after the period specified in subsection f.1 of this section but during an extension granted pursuant to subsection(7), and there is no other banner space available. Sees. 16-20. Reserved. Sec. 21. Permanent signs in residential districts. a. Applicability. This section shall apply to all residential districts as defined in the zoning ordinance as well as PUDs and SUPs with residential components. b. Multifamily residential subdivisions. (1) For each multi-family residential subdivision, a maximum of two wall or monument signs with a combined total sign area not exceeding fifty square feet (50 ft2) shall be allowed. (2) Allowed signs may be anywhere on the premises except as restricted by the zoning ordinance and this appendix. They may not project beyond any property line and, if ground-mounted, the top shall not be more than seven feet (7') over natural ground level. d. Single-family residential subdivisions. Each single-family residential subdivision is allowed one monument entrance identification sign at each entrance not to exceed fifty square feet(50 ft2). However,two signs with a maximum of thirty-two square feet(32 ft2) 23 each may be placed on opposite sides of the entrance in lieu of a single fifty-square-foot (50 ft2) sign. The top of such signs shall be not more than seven feet (7') over natural ground level. As part of one sign, a changeable copy area not exceeding six square feet (6 ft2) shall be allowed for the purpose of placing civic announcements by the homeowners' association. Sec. 22. Permanent signs in nonresidential districts. a. Applicability. This section shall apply to all nonresidential districts as defined in the zoning ordinance as well as PUDs and SUPs with nonresidential components. b. Wall signs. (1) Wall signs are allowed for each business establishment with an allowable total sign area of one and one-half square feet(1.5 ft2) for each linear foot of business frontage. (2) Where two or more tenants utilize a common building,the total allowable wall sign area shall be equal to one and one-half square feet (1.5 ft2) for each linear foot of business frontage. It shall be the responsibility of the property owner to allocate such sign area to each tenant. A master sign plan drawn to a standard architectural or engineering scale shall be submitted to the community development department for this type of project showing the exact size and location of each sign for this project. (3) Each tenant's wall sign must be attached to that part of the building in which the tenant is located. c. Monument signs. (1) Individual monument sign. One monument sign is allowed for each business establishment, with an allowable sign area of fifty square feet(50 ft2). The highest part of any such sign or structure shall not be greater than seven feet(7') above the highest finished grade at the front property line.Monument signs must be permitted separately from the building permit. (2) Multi-tenant monument sign. Where two or more tenants make up a business establishment, they shall collectively be entitled to one monument sign that would be authorized for said business establishment. The total sign area shall not exceed fifty square feet(50 ft2)plus ten square feet (10 ft2) for each tenant in the complex up to a maximum of one hundred square feet(100 ft2). The highest part of any such sign or structure shall not be greater than seven feet(7') above the highest finished grade at the front property line. It shall be the responsibility of the property owner to allocate such sign area to each tenant. A master sign plan drawn to a standard architectural or engineering scale shall be submitted to the community development department for this type of project showing the exact size and location of each sign for this project. 24 (3) Shared monument sign. Business establishments on contiguous lots may utilize one common monument sign. Such sign shall be placed on either of the contiguous lots and sign dimensions and requirements will be the same as a multi-tenant monument sign. (4) Changeable copy signage. Up to twenty-five square feet (25 ft2) of the allowable monument sign area may be used for changeable copy signage. (5) Second monument sign. A second monument sign is allowed for business establishments with buildings consisting of forty thousand square feet(40,000 ft2) or more. Consideration and approval of a second monument sign shall be based on the square footage of buildings shown on an approved site plan for the entire business establishment. The second monument sign may be constructed as part of the initial site construction but shall not be advertised on until the square footage of the structures constructed on-site exceeds forty thousand square feet(40,000 ft2). The second monument sign must be permitted separately. d. Option for directory sign in office park district (OPD) and business park districts (BP). (1) One monument sign for the sole purpose of uniformly listing the names of the tenants is allowed for each building in which there are multiple tenants in the office complex if the complex chooses not to use wall signs. (2) The total sign area of such sign shall not exceed 240 square inches per tenant. (3) Such signs shall not exceed five feet(5')in height and shall be located within twenty feet(20') of the building. e. Fast-food/drive-through menu boards. Menu reader boards for fast-food/drive-through restaurants shall not be considered as a ground sign if such menu board is screened from adjacent buildings or structures. Landscaping shall be required around menu boards to screen to the degree reasonably possible such menu board from abutting properties. f. Ofpremises directional signs. Off-premises directional signs of up to a maximum of four- square feet(4 ft2) are allowed if the property on which the sign is located and the property which is described in the sign are contiguous. The permit application shall be signed by both property owners. g. Fuel canopy signs. Fuel canopy signs are allowed for each gasoline station with an allowable total sign area of 0.5 square feet for each linear foot of canopy measured along the shortest side of the canopy. 25 Sec. 23. Reserved. Sec. 24. Signs on vehicles. a. No type of vehicle, including, but not limited to, cars, trucks, motor-driven cycles, or vehicles built of miscellaneous parts of other vehicles, such as sand or dune buggies, and no type of trailer,boat,or other similar type of property shall be placed on private property within the city for the purpose of advertising such item for rent, sale, or lease unless such property is on the premises where the owner of such property advertised for sale or lease resides or conducts business or is on the premises of a business establishment engaged in the rental, sale, or lease of such property. b. A motor vehicle not used on a regular basis for the transportation of persons or property, or that is inoperable, shall not be parked or stored with one or more signs displayed thereon or otherwise used as a substitute sign structure. c. Any vehicle containing advertising must be parked in an approved parking space and shall not be parked for a continuous period exceeding 72 hours. Any such vehicle is prohibited from otherwise being parked upon any public rights-of-way, including, but not limited to, public sidewalks,streets,alleys,or other public property,with one or more signs displayed thereon or otherwise used as a substitute sign structure. Sec. 25. Nonconforming signs. a. Definition. A nonconforming sign shall be any sign that does not comply with the requirements of this appendix,and which was in existence prior to the effective date of the enabling ordinance,whether permitted or not by the city's building division. (1) It is the intent of this appendix to permit those nonconforming signs to continue until they are removed,but not to encourage their survival. (2) A sign permit issued by the city's building division is required for any repair work to be performed under this subsection. b. Exemptions. Signs (1) Signs lawfully in place on October 2,2023,the effective date of these requirements. (2) Sign associated with an issued Certificate of lawful nonconformity issued by the city's building division for existing lawfully nonconforming signs in 2008. 26 c. Repair, appearance, and alteration. Nonconforming signs, and any part thereof, shall be kept in good repair,as to structure,electrical and appearance components,and no structural alterations of any kind shall be made thereto that increases the existing extent of nonconformity. A nonconforming sign may have its message changed, face replaced,or be illuminated internally or externally if the existing extent of nonconformity is not increased. d. Replacement. If a nonconforming sign or sign structure, or a substantial part of it, is damaged, destroyed, or dismantled for any purpose(other than maintenance operations or for changing the letters, symbols, or other matter on the sign), in an amount more than 60 percent of the cost of erecting a new sign of the same type at the same location, the sign and any sign structure shall be replaced with a new sign conforming to the requirements of this appendix. e. Removal. Obsolete signs shall be removed or brought into compliance with the other provisions of this appendix, not later than the first anniversary date that the sign, or any part thereof, first became obsolete. If the premises upon which the obsolete sign, or any part thereof, is leased, then the obsolete sign, or any part thereof, shall be removed or brought into compliance with the other provisions of this appendix, not later than the second anniversary date that the sign,or any part thereof,becomes obsolete, as established by the date of the tenant most recently ceasing to operate on the premises after the effective date of the enabling ordinance. These provisions are in accordance with the provisions of V.T.C.A., [Local Government Code] § 216.003(e) and(f). (1) If the owner fails to remove or render blank the sign within the prescribed time,the sign administrator shall notify the owner by certified mail to correct the violation within ten(10) days after receipt of notification of violation. If the owner does not correct the violation, the sign administrator may remove the sign at the property owner's expense. (2) An obsolete business may be determined by disconnection of water, sewer, power, postal service, or any other indicators of vacancy. f. Conversion of existing billboards to changeable electronic variable message signs (CEVMS). (1) The overall size, height, location, and number of support poles used to support the sign structure of the existing billboard shall not be altered. (2) Electrical service to the sign must be underground from the property line to the sign. (3) Each message on an electronic sign shall be displayed for at least eight seconds, and a change of message shall be accomplished within two seconds. (4) A change of message must occur simultaneously on the entire sign face. 27 (5) No flashing, dimming, or brightening of the message is permitted except to accommodate changes of messages. (6) Malfunction. CEVMS sign operators must respond to a malfunction or safety issue within one hour after notification and must remedy that malfunction or safety issue within 12 hours after notification. In case of a sign malfunction, the digital display must freeze until the malfunction is remedied. (7) Display of emergency information. The city may exercise its police powers to protect public health, safety,and welfare by requiring emergency information to be displayed on digital display signs. Upon notification, the sign operators shall display amber alerts, silver alerts, information regarding terrorist attacks, natural disasters, and other emergency situations in appropriate sign rotations. Emergency information messages must remain in rotation according to the issuing agency's protocols. (8) Public service announcements. Companies shall permit the city to place one public service announcement on each of the digital billboards for up to the equivalent time of an eight-week period for each year; provided, however, that such public service announcements shall consist of one slot of at least eight seconds in the standard rotation utilized by the advertising company on the applicable digital billboards. (a) Public service announcements shall be limited to city-sponsored event announcements and city-related public health, safety, and welfare announcements. The city shall be responsible for: (i) Providing the company with its public service announcements, which may be updated by the city at any time; and (ii) Any costs associated with providing the company with the artwork in an acceptable format. (b) The public service announcements must be submitted to the company at least five (5) business days before the proposed display date. Content of public service announcements shall be determined in the sole discretion of the city. In addition: (i) The company shall provide use of the advertising space on the digital billboards, as reasonably necessary for emergency broadcasts, amber alerts, and silver alerts; and (ii) The company and city will work cooperatively and in good faith for the city to place additional city-related public service announcements on a space availability basis. 28 (9) The sign owner shall provide to the department contact information for a person who is available to be contacted at any time, and who is able to turn off the electronic sign promptly after a malfunction occurs. (10) If the city finds that an electronic sign causes glare or otherwise impairs the vision of the driver of a motor vehicle or otherwise interferes with the operation of a motor vehicle,the owner of the sign,within 12 hours of a request by the city, shall reduce the intensity of the sign to an acceptable level. (11) The sign owner or its designated contractor shall obtain permits and comply with adopted codes, including building and electrical codes. Sec. 26. Exceptions and exemptions. The following described signs are exempt from the provisions of this appendix except for sections 5 through 13 inclusive: a. Professional nameplates and occupational signs denoting only the name and occupation of an occupant in a commercial building or public institutional building, and not exceeding two square feet(2 ft2) in area. b. Identification nameplates or signs on apartment houses,boardinghouses or rooming houses, or similar uses, not exceeding two square feet(2 ft2) in area. c. One nameplate denoting only the name of the occupants of a dwelling, and not exceeding two square feet(2 ft2)in area nor located closer than three feet(3')to the property line. d. Memorial and/or historical signs as designated by federal, state, or local governments. e. Traffic or other municipal signs, legal notices, or danger signs by federal, state, or local governments. f. Warning signs or trespassing signs on private property, not exceeding two square feet(2 ft2) in area. g. Signs required by any law or regulation of the federal, state, or local governments. h. On-premises directional signs for setting forth the location of or directions to parking or buildings located on the premises, warning of on-premises obstacles or overhead clearances, or regulating the flow of on-premises traffic, including entrance and exit signs. Such signs may be lighted, consistent with other requirements for sign lighting, and not exceeding two square feet (2 ft2) in area, provided such sign is not prohibited or further regulated by any other ordinance of the city. 29 i. Street banners erected by the city advertising a bona fide public event such as legal holidays, nonpolitical election instructions, and similar occasions. j. Civic and religious organization signs. The city council may erect, or approve and permit to be erected, entrance signs at or near the city limits for the benefit of visitors, on which may be listed institutional names, religious organizations, and points of interest. Civic organizations and religious organizations may be permitted to place their insignias thereon. In addition, each institution may erect a maximum of four off-premises directional signs, with permission of the property owner, if each sign does not exceed four square feet(4'). k. Signs on motor vehicles, as such term "motor vehicle" is defined in Vernon's Tex. Transportation Code Ann. § 541.201(11) (V.T.C.A., Transportation Code § 541.201(11)), as amended, when the primary use of such motor vehicle is the transportation of persons or property; is not parked or located for the primary purpose of displaying the sign, and is not parked on a site for a continuous period exceeding 72 hours. 1. Flags of the United States, the state, or any other political subdivision; or any flag of a religious, fraternal, or charitable organization; flags of a historic, political, religious, or military nature displayed on residential property with the consent of the owner. m. Company flags displaying only a company logo, provided such flag is affixed to a flagpole and the length of flag does not exceed one-quarter of the height of the flagpole. n. Decorations for stores, storefronts, and yards from November 20 through January 10 of each year commemorating the holiday season and from June 27 through July 7 of each year commemorating Independence Day. o. Sculptures,statues,or works of art;provided,however,that such object or structure is not identifiable in any way,by use of a trademark or logo, advertising campaign link, or other business activity. p. Signs containing noncommercial messages or messages otherwise protected by the constitutions of the United States or the state; provided, however, that there shall be no more than four such signs on any one property and the total square footage of all such signs shall not exceed thirty-six square feet(36 ft2). q. Automated teller machine(ATM)signage. Signage on the cabinet,such as a graphic wrap, or directional signs to an automated teller machine. Sec. 27. Variances. A variance may be authorized by the zoning board of adjustment under this appendix only for height of sign and setback of signs and sign structures. Further, it is the purpose and intent of 30 the city council that no variance is granted under the terms of this appendix unless undue hardship will result therefrom. Undue hardship shall mean that strict application of the requirements hereof relating to height and setback of signs and sign structures shall deprive the applicant of reasonable use of his property. Sec. 28. Appeals. a. All appeals to the zoning board of adjustment shall be perfected by a request in writing to the building official for a hearing, in which the following information shall be contained: (1) Name, address,and primary e-mail address of the person making the appeal; (2) Facts surrounding the particular ruling or refusal to make a ruling; (3) The ruling, if any, of the sign administrator; and (4) Reasons why such ruling should be set aside, or if a ruling was refused, why such ruling should be made. Appeals must be perfected within thirty (30) days after the decision of the sign administrator. b. An application for appeal shall be based on a claim that the true intent of the applicable code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of the code do not fully apply. c. The sign administrator shall take prompt action in accordance with the decision of the zoning board of adjustm `nt. d. During the pendency of any appeal to the zoning board of adjustment,the ruling of the sign administrator shall be in full force and effect. Section 3. That a person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each day of violation shall constitute a separate offense. Section 4. All ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 5. In the event any clause,phrase,provision,sentence,or part of this ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares 31 that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 6. That the City Secretary shall give notice of the passage of this ordinance by causing the caption of this ordinance to be published in the official newspaper of the City. This ordinance shall become effective upon such publication; provided however, for areas outside the Downtown District, Section 9, subsection (m) of the Friendswood City Code, as amended hereinabove, shall become effective ninety(90) days thereafter. PASSED and APPROVED on first reading by the affirmative vote of the City Council this 11th day of September, 2023. 1 JALI( (AáI /11 FO' •/1 , Mayor AT ST: /, • /4L0: \E DS O� --<, : • L TICIA BRYSCH, Ci �.tary I` t .. �.- r ; U K * co APPROVED AS TO FORM: S'2-xi tE OF �-E-P -- 139cfycL j6 fl4L KAREN L. HORNER, City Attorney PASSED, APPROVED and ADOPTED on second and final reading by the affirmative vote of the City Council this 2nd day of October, 202 . KE FO' ' , Mayor 146 ATT�T: / •. + F Fir-NO 1 O ,&.:-- . SRO '� J L' ICIA BRYSCH, City Sec itUt '' r, O co APPROVED AS TO FORM: d)) OL L. HORNER, City Attorney H:\City Council\Ordinances\2023\09-11-2023\Ordinance-Sign Codc.docx 32 w '4 mokrnift r yy 4__Xp* Pecotnou.HWort, (Low- To: Mayor and City Council 1 From: Thomas Hinckley,Planning&Zoning Commission Chairman v ‘AA Aubrey Harbin,Director of Community Development/Planner L. Date: August 28,2023 Re: Appendix A, Sign Ordinance BACKGROUND The Planning and Zoning Commission took this on as a priority item for 2023. A full review of the Sign Ordinance started with the Ordinance Subcommittee and made its way to the full Commission for review and input. The proposed amendments to the Sign Ordinance include the following: • Adding,removing, combining, or relocating definitions for clarification • Establishing a sign administrator • Formalizing the reference to permit fees and required inspections • Adding provisions to revoke permits • Relocate measurement standards to a new section for clarity • Incorporate the visibility triangle drawing • Expand the prohibition of LED window lights to all zoning districts, not just Downtown District (DD) • Add flag banners and inflatable signs and tethered balloons greater than 18 inches in diameter to the list of prohibited signs • Add more specific criteria to illumination specifications • Clarifications regarding temporary signs(banners); grand opening sign allowed for 14 days from date CO is issued; additional 21 calendar days are allowed throughout the year • Added a provision for construction signs • Updated political sign section in accordance with the State Election Code • Incorporated street banner sign requirements, at City Council's direction • Allow additional signage on fuel canopies • Updated Non-Conforming Signs section • Expanded Church definition to include religious organizations • Added provision for appeals Many of the amendments are clarifications to make enforcement and interpretation of the ordinance easier for everyone, including staff,business owners,and sign contractors. A few changes to the ordinance will affect the business community. One proposal is to add an allowance for signage on fuel canopies. Previously,a business owner had to use their allowed wall signage to cover the signage for both the main building and the fuel canopy. With this addition,a separate fuel canopy is allowed additional wall sign area. Another change is to prohibit the use of LED lights inside windows in all commercial zoning districts. In 2019,an amendment to the Sign Ordinance was adopted to prohibit miniature,mini, Christmas,rope string lights,exposed LED storefront lights or other similar lighting in or framing windows(interior or exterior),including attached to the window frames with the exception of holiday lighting from November 15 to January 15 in the Downtown District(DD). The Commissioners recommend expanding this prohibition to all commercial zoning districts to alleviate the clutter of advertising lights throughout the City of Friendswood.. RECOMMENDATION At the Planning and Zoning Commission meeting held August 10,2023,the City of Friendswood Planning and Zoning Commission voted 5-0 (Commissioners Mann and Koerner were absent)on a motion to approve the amendments to the Sign Ordinance. One amendment regarding wall signs exceeding the roofline was considered by the Planning and Zoning Commission at the meeting held on August 24,2023. That amendment was approved unanimously 4 to 0(Commissioners Sasson, Rives, and Conrad were absent.)