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HomeMy WebLinkAboutOrdinance No. 2014-38 (Title: An ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood.) ORDINANCE NO. 2014-38 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, B�ING THE CITY'S SIGN ORDINANC�, BY AMENDING VARIOUS SECTIONS THEREIN; REPEALING ALL ORDINANC�S OR PARTS OP ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. � � � * � + :� + * � � WHEREAS, the City seeks to update its sign ordinance by authorizing amendments to the Sign Ordinance to provide far various revisions as shown more particularly on the attachments hereto; NOW, THER�FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FffiENDSWOOD, STATE OF TEXAS: Section 1. Appendix A of the Code of Ordinances of the City of Friendswood, Texas, same being the City's Sign Ordinance, is hereby amended to read as provided for on the Exhibit "A"attached hereto. Section 2. In the event any section, paragraph, subdivision, clause, plu•ase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdicfion, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other 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 that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such pai�t thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 8t�' day of December,2014. PASSED, APPROVED, and ADOPTED on second and final reading this 5��' day of Januarv,2015. �r��� Kevin M. lland Mayor ATT�ST: � .•'"g,i�N(�`' . �m.. . �F . ,Sy°L. c ��°• �;o°; Melinda Welsh, TRMC �a°c. •;p ; City Secretary '� � ° °.�� :�� ` �lj���F''��,�;�°�. Ord 201438 2 Exhibit "A" APPENDIX A- SIGNS FOOTNOTE(S): ---(1) --- Editor's note— Printed herein are the sign regulations, as adopted by Ord. No.98-29 on Sept. 28, 1998, which amended Ord. No. 84-15,the zoning ordinance (appendix C hereof). Ord. No. 98-29, § 1,adopted Sept. 28, 1998, repealed Appendix A, Signs, in its entirety and replaced it with a new Appendix A. Former Appendix A derived from Ord. No. 91-15, adopted June 17, 1991.Amendments to Ord. No. 98-29 are indicated by parenthetical history notes following amended provisions.The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of Iheadings, catch lines, capitalization, citation to state statutes,and expression of numbers in text has been used to conform to the Code of Ordinances.Additions made for clarity are indicated by brackets. Cross reference— Sign required for oil and gas well location or site, § 26-294. State Law reference— Restriction on signs advertising tobacco products,V.T.C.A., Health and Safety Code § 161.122: regulation of signs by home-rule municipality,V.T.C.A., Local Government Code § 216.901; regulation of political signs by municipality,V.T.C.A., Local Government Code § 216.903 Sec. 1. - Definitions. For the purposes of this appendix A to subsection K of section 8 of Ordinance No. 84-15 as created by Ordinance No.91-15("Appendix"),the following definitions shall apply: Animated sign shall mean a sign that uses movement to depict action or create a special effect or scene, or contains visible moving or rotating parts. Awning shall mean a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. Banner sign shall mean a temporary sign made of fabric or other non-rigid material that is fire-retardant. Billboard shall mean any sign containing a commercial or non-commercial 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. Ord 2014-38 3 Business establishment shall mean 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 shall mean the side of a building that contains the primary entrance of the building. Business parl<shall mean business establishments Iocated in a Business Park zoning district (per Appendix C Zoning Ordinance). Changeable copy sign (automatic) shall mean a sign on which the copy changes automatically, such as electrical or electronic time and temperature units. Changeable copy sign (manual) shall mean a sign on which copy is changed manually in the field, such as reader boards with changeable letters. Changeable electronic variable message sign (CEVMS) shall mean 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. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that 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 shall mean a sign that identifies a nonprofit institution or organization that contains: (a)the name of the institution or organization, (b)the name(s) of the person(s) connected with it, and/or(c) greetings,announcements of events or activities occurring at the institution, or similar message. Commercial message shall mean 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 shall mean: (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. Double-faced sign shall mean a single sign with two parallel sign faces back-to-back. Fire-retardant shall mean not capable of supporting combustion or flame. Ord 2014-38 4 Flagpole shall mean a freestanding structure permanently mounted on the ground and designed and constructed for the purpose of hanging flags. Flashing sign shall mean 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 iliusion of flashing or intermittent light. Garage sale shall mean the sale of items that a resident or group of residents wish to dispose of at discount prices, conducted from a garage and/or yard,and which items offered for sale are used or discarded by or from those residents offering them for sale. Grand opening shall mean the formal offering by a new business of its goods, wares, merchandise, service, entertainment,or activity. Ground sign shall mean 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 shall mean 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 shall mean 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 shall mean 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 parl<s. Lot shall mean a physically undivided tract or parcel of land having frontage on an access way 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)Which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded. Master sign plan shall mean a plan depicting the location, size, height, and materials of all signs to be placed on a building and on the site. Monument sign shall mean a sign not more than seven feet in height from natural ground level to the highest portion of the sign,designed and constructed to substantially appear as a solid mass,such as a blocl<, rectangle,or square,and supported by an integral structural frameworl<. Multi-faced sign shall mean a single sign with two or more faces,which are not parallel or bacl<-to-back. Ord 2014-38 5 New business shall mean 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 shall mean any message other than a commercial message. Nonconforming sign shall mean a sign lawfully erected and maintained prior to the adoption of this subsection, or any applicable amendment thereto,that does not conform with the requirements hereof. Nonresidential district shall mean any district that is not a residential district. Obsolete sign shall mean 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. Office complex shall mean 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. Off-premises sign shall mean 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. On-premises sign shall mean a sign identifying or advertising a business, person,activity, goods, products, or services, located on the premises where the sign is located. Open house shall mean a designated period of time during which a property is open for viewing by prospective purchasers. Portable sign shall mean 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 shall mean a sign that provides a service or message to the public, such as time, temperature, and charity appeals. Reader panel/reader board shall mean a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures. Residential district shall mean 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) Multi-Family Residential Dwelling District-Garden Home District (MFR- Ord 2014-38 6 GHD), and Mobile Home Residential Dwelling District(MHR) in the Zoning Ordinance of the City, contained in Appendix C of the City's Code of Ordinances. Roofline shall mean the height above finished grade of the upper beam, rafter, ridge, or purlin of any building. Sign shall mean 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,trademarl<, 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 word sign is used herein without further modification,the same shall be understood to embrace all regulated signs and replicas. Sign area shall mean the total square footage of all sign facing, including that portion of the supporting structure or trim which carries any wording, symbols, or pictures; provided, however, in the case of double-faced signs, only one face shall be computed to determine sign area; provided further, however, in the case of multi-faced signs, all faces shall be computed to determine sign area. Sign facing shall mean the facing of any sign upon, against,or through which the message is displayed or illustrated; provided, however,for signs in which the words, letters, or symbols are independently mounted, the sign facing shall mean the smallest regular geometric form containing all of the individual words, letters,and symbols.Size of the sign shall be determined by the lettering; provided, however, if there is bacl<ground in addition to the lettering, bacl<ground material shall be included if the bacl<ground is uniquely associated with the letters. Snipe sign shall mean a sign which is tacl<ed, nailed, posted, pasted,glued, or otherwise attached to trees,stal<es,fences, utility poles, or other lil<e objects,the advertising matter of which is not applicable to the present use of the premises on which the sign is located. Street banner shall mean a sign constructed of porous material of at least 80 percent cotton mesh with tie down ropes on each corner. Temporary sign shall mean any sign constructed of materials with short life expectancies.A portable sign shall not be considered a temporary sign. Wall sign shall mean a sign, either of solid face construction or individual letters,symbols, or pictures, which is attached to the exterior of any building or structure. (Ord. No. 2002-2, § 1, 1-21-2002; Ord. No. 2005-08, § 1, 3-21-2005; Ord. No. 2008-11, § 1, 5-19-2008; Ord. No. 2008-14, § 1, 6-2-2008; Ord. No. 2008-17, § 1, 7-21-2008; Ord. No. 2010-40, § 1, 1-10-2011) Ord 2014-38 7 Sec. 2. - Permits. a. 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. (f)The location of all electrical transmission lines within 30 feet 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 Division. 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 Division 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 Division. b. 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)Temporary real estate subdivision signs for single-family units pursuant to subsection 15.3.b of th is a p pe nd ix. (4)Temporary real estate signs for multifamily units pursuant to subsection 15.3.d of this appendix. Ord 2014-38 8 (5)Temporary direction signs pursuant to subsection 15.4 of this appendix. (6)Temporary political signs pursuant to subsection 15.5 of this appendix. (7) Garage sale signs pursuant to subsection 15.6 of this appendix. (8)Open house signs pursuant to subsection 15.7 of this appendix. c.Stop orders.The issuance of a permit under this Appendix shall not constitute a waiver of this ordinance or other ordinances of the city.The Community Development Division is authorized to issue stop orders for any sign which is being constructed or used in violation of this or any other ordinance of the city. (Ord. No. 2005-08, § 2,3-21-2005) 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 and shall be punishable by a fine not to exceed $2,000.00. Each day or fractional part thereof that any violation of this appendix shall continue shall constitute a separate offense.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 attorneys'fees and employee wages and salaries, incurred in enforcing this appendix against such person. Sec. 4. - Maintenance. All signs and sign structures shall be I<ept in good repair and neat in appearance, including replacement of defective parts, painting, repainting, and cleaning. 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 from the property line of the property upon which it is situated. Ord 2014-38 9 b.Signs projecting more than 18 inches 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 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 lowest uniform roofline or parapet of such building,whichever is higher. 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 vertically and eight feet 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 14 feet above ground level. (Ord. No. 2005-08, §3, 3-21-2005) Sec. 7. - Reserved 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. (Ord. No. 2005-08, §5, 3-21-2005) Sec. 9. - Prohibited signs. Signs of the following nature are expressly prohibited unless specifically authorized by this ordinance [appendix]: Ord 2014-38 10 a. Biliboards, including but not limited to, new off-premises CEVMSs or the conversion of existing non- CEVMS off-premises signs to CEVMSs, and any other signs permitted by 43 TAC 21.163(c)(1). 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, I<. Flashing signs. I. Ground signs, except monument signs. (Ord. No. 2005-08, § 6, 3-21-2005; Ord. No. 2008-17, § 2, 7-21-2008) 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, sidewall<, right-of-way, easement, curb, grounds, bridge or building, unless express consent therefor shall have been first granted by the city council.This subsection 10.a. shall not apply to signs required to be placed by a public employee in the regular course and scope of his or her employment. b. Impoundment.Any sign in violation of subsection a. ofthis 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 division.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 30 days. Ord 2014-38 11 Any sign so held may be redeemed by the owner thereof upon the payment of a fee to the city consisting of a total of$50.00 for hauling the same to storage, plus$10.00 per day storage fee for each day the sign is stored. 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 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 orteam sponsor advertising. Except for scoreboards,such signs shall not project above the fence line and shall face the athletic facility. (2) Public and private parl<s. Public and private parl<s may have signs to give information and/or regulations concerning park use. (Ord. No. 2005-08, §7, 3-21-2005) 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 of the sign area, subject to the restrictions set forth in subsection c. below. b. Nonresidential districts,and churches 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 25 square feet ofthe sign area,subject to the restrictions set forth in subsection c. below. 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) Reserved. (3) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of permanent sign on which the face is placed,whichever is less. (Ord. No. 2005-08, §8, 3-21-2005; Ord. No. 2007-17, § 1, 10-15-2007) Ord 2014-38 12 Sec. 13. - Illumination of signs. a. It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent, or own any sign which creates glare (as that term may otherwise be defined in the zoning ordinance of the city) upon a public street,alley, driveway, pari<ing area, sidewall<, or adjacent property. b.Signs may be illuminated from an independent artificial source provided such illumination is concentrated upon the area of the sign only, and does not cause glare (as that term may otherwise be defined in the zoning ordinance of the city) upon any public street, alley, driveway, pari<ing area, sidewall<, or adjacent property. c.Awnings shall not be backlit.Any down lit awning shall be opaque.The portion of an awning that contains graphics, symbols and/or written copy shall be included as part of the aggregate sign area calculation. d.All wiring to monument signs shall be installed underground. (Ord. No. 2005-08, § 9,3-21-2005) Sec. 14. - Portable signs. a. One on premises portable sign, not exceeding 32 square feet in sign area, may be displayed by a new business enterprise to give notice of its grand opening for a period not to exceed 14 consecutive days. b. One portable sign, not exceeding 32 square feet in sign area, may be displayed on nonresidential property, in addition to that allowed for grand openings,for 21 days during any calendar year; provided, however, use of any such portable sign shall be in increments of not less than seven consecutive days. c. If a changeable copy sign is located on the property, a portable sign is not permitted. d. No more than one portable sign shall be displayed on any one nonresidential property at a time. e. Handheld signs are prohibited upon any public rights-of-way, including but not limited to any public sidewall<,street,alley, or other public property. f. 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. (2) Permits. Required. (3) Location. May be located where applicant has legal permission to display the sign. If 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. Ord 2014-38 13 g. Regulations involving handheld signs on private property do not apply to political signs that are otherwise compliant with this chapter and V.T.C.A., Local Government Code ch. 216. (Ord. No. 2005-08, § 10,3-21-2005; Ord. No. 2010-40, §2, 1-10-2011) Sec. 15. - Temporary signs. Sec. 15.1. Temporary signs—Generally. a. Contractors may place a sign on property where actual construction (landscaping, roofing, pool, etc.) is tal<ing place.Such sign may be placed on such property for the duration of construction plus ten days, shall not exceed six square feet in sign area, and shall not exceed seven feet in height above the natural ground level. No permit is required for such signs. b. 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. c.Temporary signs shall be placed no closer than three feet 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. Sec. 15.2. Banners a. In lieu of using a portable sign to advertise a grand opening as authorized by subsection 14.a.above, one on premises banner sign not exceeding 32 square feet in sign area may be displayed by a new business to give notice of its grand opening for a period not to exceed 14 consecutive days. b. In lieu of using a portable sign as authorized by subsection 14.b. above,one banner sign not exceeding 32 square feet in sign area may be displayed on nonresidential property for 21 days during each calendar year; provided, however, use of such banner sign shall be in increments of not less than seven consecutive days. Sec. 15.3 Temporary real estate subdivision signs. a.Subdivision entrance signs. (1)Allowed: Up to two temporary real estate subdivision signs may be allowed at each entrance. (2) Location:At the main entrance of any new residential subdivision or other residential development,and/or at secondary entrances to such subdivision or development. (3)Size: Each sign not to exceed 50 square feet in sign area. (4) Removal:Such temporary real estate subdivision signs shall be removed 24 months from the date the permit is issued or when 80 percent of the lots in the subdivision have been sold to homebuyers, whichever occurs first. Ord 2014-38 14 (5) Permits: Required. b. Single-family units. (1)Allowed: One temporary sign allowed for each single-family dwelling unit or lot in order to give information concerning leasing, renting, or selling of a single-family unit or lot. (2) 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. (3)Size: Each temporary sign not exceeding six square feet in sign area. (4) Removal:Single-family residence signs shall be removed within ten days of the unit or lot being leased, rented or sold. (5) Permits: Not required. c. Model homes. (1)Allowed: One monument sign for each model home or model home parl<for each separate home building company located in the subdivision which is used or designated as a sales office and/or model home. (2) Location: See subsection 15.1.c. (3j Size: Not to exceed 16 square feet in sign area. (4) Removal: [Signsj must be removed within ten days after the time that the model home or model home parl<is ceases to be used as a sales office or model home for the subdivision. (5) Permits: Required. d. Multifamily units. (1)Allowed:Two temporary signs shall be allowed for each complex in order to give information concerning leasing, renting,selling, or financing of the unit on the property upon which such sign is erected. (2) Location: On the property where each complex is located. (3) Size: Not to exceed six square feet in sign area. (4) Removal: [Signs] must be removed within ten days after the time that the leasing, renting, selling or financing of all the units in each complex occurs. (5) Permits: Not required. Ord 2014-38 15 e.Vacant acreage. (1) Allowed: One temporary sign may be allowed for each street frontage advertising vacant acreage in order to give information concerning selling, leasing, or renting of the property. (2) Location: See subsection 15.1.c. (3)Size: For vacant tracts of two acres or less, such sign shall not exceed 16 square feet in sign area; for vacant tracts of greater than two acres, such sign shall not exceed 32 square feet in sign area. (4) Removal: [Signs] must be removed within ten days after the time that the acreage is [has] been sold, leased orrented. (5) Permits: Required. f. Temporary signs for new integrated business developments,shopping centers, office parl<s, and business parl<s. (1)Allowed: One temporary sign for each street frontage of any new integrated business development,shopping center,office park, or business park in order to give information concerning leasing, renting, construction,financing or selling of such property upon which such sign is erected. (2) Location: May be located at the entrance for the development. (3)Size: The sign area for such temporary sign shall not exceed 32 square feet. (4) Removal: [Signs] must be removed be removed no later than 24 months after the date the permit is issued. (5) Permits: Required. Sec. 15.4.Temporary direction signs. a.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. b. Size: Such signs shall not exceed 32 square feet in area. c. Location: Signs may be placed on private property with the permission of the property owner.See subsection 15.1.c. d. Removal: Such signs are erected only for a time period not to exceed ten days before and two days after the event. Ord 2014-38 16 e. 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 aIl of the above conditions are not met, a permit shall be required.The City shall mal<e contact with event organizers when necessary to confirm that the event in question is charitable and/or nonprofit consistent with the conditions herein. Sec. 15.5.Temporary political signs. a. Political signs on private property. (1)Allowed: On private property with the permission of the property owner. Political signs may not be illuminated or have moving elements. (2) Location: See subsection 15.1.c. (3)Size: No such sign shall exceed 36 square feet in sign area or be higher than eight feet from ground IeveL (4) Removal:All such signs shall be removed per state regulations on political signage. (5) Permits: Not required. b. Political signs on public property. (1) Removal:All such signs shall be removed from public property within 24 hours following the election date on which the office or proposition is finally determined in accordance with the Texas Election Code; signs outside a polling place not meeting this criteria can be removed by city officials. (2) Permits: Not required. Sec. 15.6. Garage sale signs. a.Allowed: Up to four signs can be posted no more than 24 hours before the sale begins. b. 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.See also subsection 15.1.e. c. Size: Each sign shall not exceed six square feet in sign area. d. Removal:Signs must be removed on the last day of the sale by day's end. e. Permits: Not required. Sec. 15.7. Open house signs. Ord 2014-38 17 a.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 days from the removal ofthe signs forthe previous open house. b. 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.See also subsection 15.1.e. c.Size: Each sign shall not exceed six square feet in sign area. d. Removal: Signs must be removed at the close of the open house. e. Permits: Not required. Sec. 15.8.Temporary street banner signs. a.Allowed: Charitable and nonprofit organizations are allowed one sign constructed of porous material of at least 80 percent cotton mesh with tie-down ropes on each corner. b. Location: Banners must be erected in front of Stevenson Park and extend across Friendswood Drive to the designated poles provided by Texas New Mexico Power. c.Size: Each sign shall not exceed 25 feet in width and no more than four feet in height. d. Removal: Signs must be removed at the end of seven consecutive days following their erection. No banners shall be permitted during the periods before and during elections when city"vote" banners are in place. e. Permits: Required by both the city and Texas Department of Transportation. In addition, a completed license agreement to place a banner on a public street right-of-way shall be submitted with the permit application with an original certificate of insurance issued by a company authorized to do business in the State of Texas naming the City of Friendswood as an additionally insured, in amounts of not less than the following: (1) Bodily injury per person, $250,000.00; (2) Per occurrence, $500,000.00; (3) Property damage,$100,000.00. Complete applications must be submitted to the Public Works Department 60 days in advance of the advertised event. City Council approval is required. (Ord. No. 2005-08, § 11, 3-21-2005) Sec. 16— 20. - Reserved Sec. 21. - Permanent signs in residential districts. Ord 2014-38 18 a.Applicability.This section shall apply to all residential districts as defined in the zoning ordinance as well as PUD and SUP with residential components. b. Multifamily residential subdivisions. For each multifamily residential subdivision, a maximum of two wall or monument signs with a combined total sign area not exceeding SO square feet shall be a�lowed. 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 over natural ground level. c.Single-family residential subdivisions. Each single-family residential subdivision is allowed one monument entrance identification sign at each entrance not to exceed 50 square feet. Provided, however,two signs with a maximum of 32 square feet each may be placed on opposite sides ofthe entrance in lieu of a single 50-square-foot sign.The top of such signs shall be not more than seven feet over natural ground level.As part of one sign, a changeable copy area not exceeding six square feet shall be allowed for the purpose of placing civic announcements by the homeowners'association. (Ord. No. 2005-08, § 17, 3-21-2005) 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 1%square feet 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 1%square feet for each Iinear 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 community development for this type 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 50 square feet.The highest part of any such sign or structure shall not be greater than seven feet above the highest finished grade at the front property line. Monument signs must be permitted separately. Ord 2014-38 19 (2) Multi-Tenant Monument Sign: Where two or more tenants mal<e 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 50 square feet plus ten square feet for each tenant in the complex up to a maximum of 100 square feet.The highest part of any such sign or structure shall not be greater than seven feet 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 community development for this type project showing the exact size and location of each sign for this project. (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) Up to 25 square feet 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 of40,000 square feet 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 40,000 square feet.The second monument sign must be permitted separately. d. Option for directory sign in office parl<and business park districts. (1)One monument sign forthe 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 in height and shall be located within 20 feet 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 around menu boards shall be required so as to screen to the degree reasonably possible such menu board from abutting properties. f. Off-premises directional signs. Off-premises directional signs of up to a maximum of four square feet 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. Ord 2014-38 20 (Ord. No. 2005-08, § 18, 3-21-2005; Ord. No. 2008-14, § 2, 6-2-2008) 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 oftrailer, 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 parl<ed or stored with one or more signs displayed thereon or otherwise used as a substitute sign structure. c. Any vehicle containing advertising must be parl<ed in an approved parl<ing space. Any such vehicle is prohibited from otherwise being parl<ed 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. (Ord. No. 2010-40, §3, 1-10-2011) Sec. 25. - Obsolete signs. Obsolete signs shall be: (a) removed; or(b) brought into compliance with the other provisions of Appendix A 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 (a) removed; or(b) brought into compliance with the other provisions of Appendix A 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 the Texas Local Government Code §§ 216.003(e) and (fJ. (Ord. No. 2005-08, §20, 3-21-2005; Ord. No. 2008-11, § 2, 5-19-2008) Sec. 26. - Lawfully nonconforming signs. a. Definition.A lawfully nonconforming sign shall be any sign that does not comply with the requirements of Appendix A and which was in existence prior to the effective date of the enabling Ord 2014-38 21 ordinance,whether permitted or not by the city's building division.The city's building division is charged with establishing a list of all such signs, and shall serve notice by U.S. Mail and permit holders to the owners of such signs as to the status of said signs. b.Certificate of lawful nonconformity required.A certificate of lawful nonconformity issued by the city's building division shall be required for any Iawfully nonconforming sign that does not comply with the requirements of Appendix A and which were in existence prior to the effective date of the enabling ordinance.After notice to the owners of such signs in accordance with subsection a.above,said owners shall have 90 calendar days from the date of such notice by the city to obtain a certificate of lawful nonconformity from the city's building division.The application for a certificate should include photographs of the signs and any construction plans that are available. c.Conformity required. It is the intent of this section that all nonconforming signs for which a certificate of lawful nonconformity is issued must be brought into compliance with the requirements of Appendix A,and under the conditions set forth in subsection e. below, and owners of such signs shall secure a permit from the city's building division for all necessary work to effect said compliance. d. Repair, appearance and alteration. Lawfully nonconforming signs, and any part thereof,for which a certificate of lawful nonconformity has been issued shall be kept in good repair, as to structure, electrical and appearance components, and no structural alterations of any I<ind shall be made thereto that increases the existing extent of nonconformity.A lawfully nonconforming sign may have its message changed or be illuminated internally or externally as long as the existing extent of nonconformity is not increased. e. Replacement. In the event that a lawfully 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 either be a) replaced with a new sign conforming to the requirements of this Appendix A; or(b) removed.A sign permit issued by the city's building division is required for any repair worl<to be performed under this subsection. (Ord. No. 2005-08, § 21, 3-21-2005; Ord. No. 2008-11, §3, 5-19-2008) Sec. 27. - Exceptions and exemptions. The following described signs are exempt from the provisions of this appendix except for sections 5-13 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 in area. Ord 2014-38 22 b. Identification nameplates or signs on apartment houses, boardinghouses or roominghouses,or similar uses, not exceeding two square feet in area. c. One nameplate denoting only the name ofthe occupants of a dwelling, and not exceeding two square feet in area nor located closer than two feet 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 in area. g.Signs required by any law or regulation of the federal, state or local governments. h. On-premises directional signs for public and private developments denoting the entrance, exit,and direction of traffic flow and not exceeding two square feet in area; provided such sign is not prohibited or further regulated by any other ordinance of the city. 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 church 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, churches, and points of interest.Civic organizations and churches may be permitted to place their insignias thereon. In addition, each church or institution may erect a maximum of four off-premises directional signs as long as each does not exceed four square feet. I<.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)j, as amended, when the primary use of such motor vehicle is the transportation of persons or property. I. Flags of the United States,the State of Texas, 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 lanuary 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 worl<s of art; provided, however, that such object or structure is not identifiable in any way, by use of a trademark or logo, advertising campaign linl<, or other business activity. Ord 2014-38 23 p.Signs containing noncommercial messages or messages otherwise protected by the constitutions of the United States or the State of Texas; 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 36 square feet. (ord. No.zoos-oa, § zz,3-zi-zoos) Sec. 28. - Variances. A variance may be authorized by the zoning board of adjustment under this appendix only for height of sign and setbacl<of signs and sign structures. Further, it is the purpose and intent of the city council that no variance be 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 setbacl<of signs and sign structures shall deprive the applicant of reasonable use of his property. Ord 2014-38 24