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HomeMy WebLinkAboutOrdinance No. 2005-08 Title: An ordinance of the City of Friendswood amending the City's zoning ordinance with regard to regulation of signs within the City,providing for a penalty, and providing for severability. ORDINANCE NO. 2005-08 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID APPENDIX A ALSO BEING AN APPENDIX TO SUBSECTION K OF SECTION 8 OF ORDINANCE NO. 84-15, AS AMENDED, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDINANCE OF THE CITY, SAID APPENDIX A CONTAINING RULES AND REGULATIONS GOVERNING SIGNS AND SIGN STRUCTURES WITHIN THE CITY, BY DELETING FROM SECTION 1 THEREOF THE DEFINITIONS OF ENERGIZED SIGN, MAJOR THOROUGHFARE, AND MAJOR INTERSECTION, AND BY ADDING TO SECTION 1 THEREOF DEFINITIONS OF ANIMATED SIGN, AWNING, BANNER SIGN, CHANGEABLE COPY SIGN, CIVIC SIGN, COMMERCIAL MESSAGE, FLASHING SIGN, MASTER SIGN PLAN, NONCOMMERCIAL MESSAGE, NONCONFORMING SIGN, NONRESIDENTIAL DISTRICT, OBSOLETE SIGN, OFF-PREMISES SIGN, ON-PREMISES SIGN, RESIDENTIAL DISTRICT, AND STREET BANNER, BY AMENDING SECTION 2 THEREOF TO REQUIRE THE SUBMISSION OF A SIGN PLAN DRAWN TO A STANDARD ARCHITECTURAL OR ENGINEERING SCALE, TO REQUIRE SIGN PERMIT APPLICATIONS TO BE SIGNED BY THE PROPERTY OWNER AND THE SIGN INSTALLER, TO DELETE CERTAIN PERMIT EXEMPTIONS, AND TO EXEMPT FROM PERMIT REQUIREMENTS THE CHANGING OF THE MESSAGE OF A CHANGEABLE COPY SIGN, BY DELETING THEREFROM SECTION 7 REGARDING FIRE/SAFETY HAZARDS IN ITS ENTIRETY, BY AMENDING SECTION 8 THEREOF TO PROHIBIT THE ALTERATION OF TRAFFIC SIGNS, BY AMENDING SECTION 9 THEREOF TO PROHIBIT OBSOLETE SIGNS, ANIMATED SIGNS, FLASHING SIGNS, AND GROUND SIGNS THAT ARE NOT MONUMENT SIGNS, BY AMENDING SECTION 10 THEREOF TO ALLOW THE CITY'S COMMUNITY DEVELOPMENT DEPARTMENT TO DESIGNATE A PLACE TO HOLD IMPOUNDED SIGNS, BY AMENDING SECTION 12 THEREOF TO DELETE THE PROHIBITIONS AGAINST ENERGIZED SIGNS AND TO INSTITUTE REGULATIONS CONCERNING CHANGEABLE COPY SIGNS, BY AMENDING SECTION 13 THEREOF TO REQUIRE ALL WIRING TO MONUMENT SIGNS TO BE INSTALLED UNDERGROUND, BY AMENDING SECTION 15 THEREOF TO REGULATE THE LOCATION, PERMITTING AND SIZE OF TEMPORARY SIGNS, TEMPORARY REAL ESTATE SUBDIVISION SIGNS, TEMPORARY DIRECTION SIGNS, TEMPORARY POLITICAL SIGNS, GARAGE SALE SIGNS, OPEN HOUSE SIGNS, AND TEMPORARY STREET BANNER SIGNS,BY DELETING THEREFROM SECTIONS 16, 17, 18, 19, AND 20 IN THEIR ENTIRETY, BY AMENDING SECTION 21 THEREOF TO CHANGE THE ALLOWED SIZE OF PERMANENT SIGNS IN RESIDENTIAL DISTRICTS, BY AMENDING SECTION 22 THEREOF TO REQUIRE A MASTER SIGN PLAN FOR ALL WALL SIGNS AND GROUND SIGNS IN NONRESIDENTIAL DISTRICTS, AND TO ALLOW OFF-PREMISES SIGNS AND DIRECTIONAL SIGNS IN NONRESIDENTIAL DISTRICTS IF THE PERMIT APPLICATION IS SIGNED BY BOTH PROPERTY OWNERS, BY DELETING THEREFROM SECTION 23 IN ITS ENTIRETY, BY AMENDING SECTION 25 THEREOF TO USE THE DEFINITION OF OBSOLETE SIGNS AND TO DELETE THE REQUIREMENT OF REMOVING AN ABANDONED SIGN PRIOR TO APPROVAL OF A NEW SIGN PERMIT ON THE SAME PROPERTY, BY AMENDING SECTION 26 THEREOF TO REQUIRE THE REMOVAL OF NONCONFORMING SIGNS ASSOCIATED WITH NONRESIDENTIAL PROPERTIES WHICH HAVE BEEN VACATED FOR 90 DAYS OR MORE, AND BY AMENDING SECTION 27 THEREOF TO EXCEPT FROM REGULATION HEREUNDER ALL SIGNS CONTAINING A NONCOMERCIAL MESSAGE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH VIOLATION HEREOF; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, IN CONFLICT HERE WITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. Appendix A of the Code of Ordinances of the City of Friendswood, Texas, as adopted by Ordinance No. 91-15, said Ordinance No. 91-15 being an amendment to Ordinance No. 84-15, the zoning ordinance of the City, and same also containing rules and regulations governing signs and sign structures within the City, is hereby amended by deleting from Section 1 thereof the definitions of energized sign, 2 major thoroughfare, and, major intersection and by adding definitions of animated sign, awning, banner sign, changeable copy sign, civic sign, commercial message,flashing sign, master sign plan, noncommercial message, nonconforming sign, nonresidential district, obsolete sign, off-premises sign, on premises sign, residential district, and street banner, as follows: "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 sup ortin framework. Banner sign shall mean a temporary sign made of fabric or other non- rigid material that is fire retardant. [a.]Billboard shall mean any sign 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. [b.]Business establishment shall mean a project or undertaking that involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a [legitimate] 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. [c.]Business frontage shall mean the [linear measurement of the] side of a building that [which] contains the primary entrance of the building. [d.]Business park shall mean business establishments located in a business park district. 3 i 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. 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 persons) 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 business for profit. [e.]Double faced sign shall mean a single sign with two parallel sign faces back-to-back. [f. Energized sign: A sign energized from artificial sources for the purposes of self-illumination or sustaining motion.] Fire Retardant shall mean not capable of supporting combustion or flame. [g.]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 illusion of flashing or intermittent light. [h.]Garage sale shall mean the sale of items that [which] 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. [L]Grand opening shall mean the formal offering by a new business of its goods, wares,merchandise, service, entertainment, or activity. U.]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 4 ground and not attached to any building, including [reader panels] changeable copy signs. [k.]Identification sign shall mean any sign that [which] 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. [l.]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 parks. [m. Major intersection shall mean an intersection of two major thoroughfares. n. Major thoroughfares shall mean Farm-to-Market Roads 518, 528, and 2351.] 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. [o.]Monument sign shall mean a ground sign not more than seven(7) feet in height from natural ground level to the highest portion of the sign,[.] [Such signs shall be] designed and constructed to substantially appear as a solid mass, such as a block, rectangle, or square, and supported by an integral structural framework. [p.]Multifaced sign shall mean a single sign with two or more faces, which are not parallel or back-to-back. [q.]New business shall mean a business establishment new to the premises on which it is located[; provided however], a business establishment having a change in ownership of[at least 50] fifty percent (50%) or more [of a business establishment shall constitute a new business for the purposes herein, and provided further], or the expansion of an existing building or structure [shall constitute a new business] if such expansion increases the size of the area devoted to the primary use, in building floor square footage [not less than 50 percent] fifty percent(50%) 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 pplicable amendment thereto, that does not conform with the requirements hereof. 5 Nonresidential district shall mean any district that is not a residential district. Obsolete sign shall mean any sign that identifies or advertises any product accommodation, service, or business which is no longer available to the public at the location indicated on the sign. [r.]Offzce complex shall mean one or more commercial buildings with multiple business establishments providing services but [and] not delivering products directly to customers, and consisting of two or more tenants using common driveways. O(f-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, og ods, products, or services, located on the premises where the sign is located. [s.]Open house shall mean a designated period of time during which a property is open for viewing by prospective purchasers. [t.]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 nonmotorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign hereunder. [u.]Public service sign shall mean a sign that [which] provides a service or message to the public, such as time,temperature, or charity appeals. [v.]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-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. 6 [w.]Roofline shall mean the height above finished grade of the upper beam,rafter,ridge, or purlin of any building. [x.]Shopping center identification sign shall mean a monument [ground] sign identifying an integrated business development, which may also include identification signs on which the names and nature of business establishments within the development are uniformly displayed. [y.]Sign area shall mean the total square footage of all sign facing, including that portion of the supporting structure or trim that 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. [z.]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 its lettering,[.] 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. [aa.]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, 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 word sign is used herein without further modification, the same shall be understood to embrace all regulated signs and replicas. [bb.]Snipe sign shall mean a sign that 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 shall mean a sign constructed of porous material of at least eighty percent(80%) cotton mesh with tie down ropes on each corner. 7 [cc.]Temporary sign shall mean any sign constructed of materials with short life expectancies. A portable sign shall not be considered a temporary sign. [dd.]Wall sign shall mean a sign [all signs], either of solid face construction or individual letters, symbols, or pictures, which is [are] attached to the exterior of any building or structure." Section 2. Said Appendix A is hereby further amended by deleting the provisions contained within the brackets and adding the material that is underlined, said Section 2 to read as follows: "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 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. 8 (2) Issuance. Upon the filing of an application for a sign permit, the plans, specifications, and other data shall be examined by [the Code Enforcement Officer] the Community Develo ment 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 is in compliance with all building ordinances of the city and other permits issued by the city, [The Code Enforcement Officer] 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 Code Enforcement Officer] the Community Development Division. b. Exceptions. A permit shall not be required for the following: [(1) The changing of the advertising copy or message of a painted sign. (2) The changing of the advertising message or copy of an electric sign, if such electric sign is specifically designed for the use of replaceable copy. (3) The electrical, repainting, or cleaning maintenance of a sign. (4) The repair of a sign] (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 15.2.b of this ordinance. (4) Temporary real-estate signs for multifamily units urp suant to subsection 15.2.d of this ordinance. (5) Temporary political signs pursuant to subsection 15.4 of this ordinance. (6) Garage sale signs pursuant to subsection 15.5 of this ordinance. (7) Open house signs pursuant to subsection 15.6 of this ordinance. 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 Code Enforcement Officer] Community Development Division is authorized to issue stop orders for any sign that is being constructed or used in violation of this or any other ordinance of the city." 9 Section 3. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 6 to provide as follows: "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 14 feet above ground level]." Section 4. Said Appendix A is hereby further amended by deleting therefrom all of Section 7,which Section 7 provides as follows: [Sec. 7. Fire/safety hazards. a. It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent or own any sign in such as manner as to obstruct or in all probability cause to obstruct: (1) Ingress or egress. (2) Lighting or ventilation. (3) Firefighting. (4) Escape from a building. (5) Free passage from one part of a roof to any other part thereof b. It shall be unlawful for any person to attach any sign to an exterior stairway, fire escape,fire tower, or balcony serving as a horizontal exit. C. It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent or own any sign in such as manner that all or any portion of such sign or its supporting structure will interfere win any way with eth free use of any fire escape, exit, standpipe, or obstruct any required ventilator, door or stairway. 10 d. An cloth sin or banner that is attached to a building shall be Y g g flame proof. e. The fire marshal of the city, or his duly qualified representative, shall be the sole judge of a violation under this section] Section 5. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 8 to provide as follows: "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. G. 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." Section 6. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 9 to provide as follows: "See. 9. Prohibited signs. Signs of the following nature are expressly prohibited unless specifically authorized by this ordinance: a. Billboards. 11 b. Signs that [which] contain statements, words, or pictures of an obscene, indecent, or immoral character as will offend public morals or decency. C. Obsolete signs. [Signs which advertise an activity, business establishment, or service no longer conducted on the premises upon which the sign is located.] d. Animated signs. [Signs which move or contain visible moving parts.] e. Signs that [which] 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." Section 7. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 10 to provide as follows: "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, 12 unless express consent therefor shall have been first granted by the city council. This subsection 10.a. shall not apply to a public employee in the regular course and scope of his or her employment. b. Impoundment. Any sign in violation of subsection a. of this section may be removed without notice to the owner thereof. [The Code Enforcement Officer,] 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 Code Enforcement Officer] Community Development. 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. 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 thirty (30) days may be disposed of or sold at public auction in the same manner as surplus property of the city. V. 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." Section 8. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 12 to provide as follows: "Sec. 12. [Energized] Changeable copy signs. 13 [It shall be unlawful for any person to erect, structurally alter, relocate, lease, rent, or own within the city any of the following: a. An energized sign that is rotating, animated, or contains any moving parts; provided however, public service displays shall not be prohibited by this paragraph. b. Any energized sign containing flashing lights, including energized signs with lights flashing in sequence to simulate movement; provided however,public service displays shall not be prohibited by this paragraph. C. Wiring shall be underground to independently wired 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 (6) square feet of the sign area, subject to the restrictions set forth in subsection c. below. b. Non-Residential Districts, and Churches and Schools in Residential Districts. A changeable copy sign, such as a reader board, may be integrated into a permanent ground sign so long as the total area of the changeable copy message is limited to a maximum of twenty-five (25) square feet of the 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) A maximum of two (2) lines of text copy not exceeding ten inches (10"b height per line shall be allowed: and (3) All changeable copy sign faces shall be limited to a maximum of twenty- five (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." Section 9. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 13 to provide as follows: "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 14 l otherwise be defined in the zoning ordinance of the city) upon a public street, alley, driveway,parking area, sidewalk, or adjacent property. b. [Nonenergized] 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,parking area, sidewalk, 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." Section 10. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said section 14 to provide as follows: "Sec. 14. Portable signs. a. One 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 0 consecutive days. c. If a changeable copy sign is located on the propertyy portable sign is not permitted. d. No more than one (1) portable sign shall be displayed on any one (1)nonresidential property at a time." Section 11. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 15 to read as follows: 15 "See. 15. Temporary signs [generally.] Sec. 15.1 Temporary Signs—Generally a. In lieu of using a portable sign to advertise a grand opening as authorized by section 14.a. above, one temporary 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 section 14.b. above, one temporary 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 temporary sign shall be in increments of not less than seven consecutive days. [c. Banner signs may be used provided they are affixed to a wall of the building.] C. Contractors may place a sign on property where actual construction (landscaping, roofing, pool, etc.) is taking place. Such sign may be placed on such property for the duration of construction plus ten days, shall not exceed six�O square feet in sign area, and shall not exceed [five] seven 7 feet in height above the natural ground level. No permit is required for such signs. d. Pern2its. Except as otherwise provided, a permit shall be require 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. e. Location — Temporary signs shall be placed no closer than three (3) 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. f. Height—Temporary signs shall not exceed seven (7) feet in height above the natural ground level. Sec. 15.2 Temporary real estate subdivision signs. 16 a. Subdivision entrance signs. (1) Allowed: Up to two temporary real estate subdivision signs may 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. (5) Permits: Required. b. Single-family units. nits. (1) Allowed.• One temporaiy 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 anywhe 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 6) 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 park 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 See. 15.1.e. (3) Size: Not to exceed 16 square feet in sign area. (4) Removal: Must be removed within ten days after the time that the model home or model home park is ceases to be used as a sales office or model home for the subdivision. (5) Permits: Required. 17 d. Multi amil units. nits. (1) Allowed: Two temporM 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 (6)sguare feet in sign area. (4) Removal: 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. e. Vacant acreage (1) Allowed: One temporary sign may be allowed for each street frontage advertising vacant acreage in order to give information concemin selling,ellin , lg easing, or renting of the property. (2) Location: See Section 15.1.e. (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 greate r than two acres, such sign shall not exceed 32 square feet in sign area (4) Removal: Must be removed within ten days after the time that the acreage is been sold, leased or rented. (5) Permits: Required. f. Temporary signs for new integrated business developments, shopping centers o fdee parks and business parks (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 propert y 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: Must be removed be removed no later than 24 months after the date the permit is issued. (5) Permits: Required. 18 Sec. 15.3 Temporary direction signs. a. Allowed: Temporary or portable 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 non-profit organizations. b. Size: Such signs shall not exceed 32 square feet in area C. Location: See Section 15.1.e. d. Removal: Such signs are erected only for a time period not to exceed ten days before and two days after the event. e. Permits: Required. Each application for a permit under this section shall contain an affidavit executed by an officer of the applicant charitable or non-profit organization certifying that the event is being conducted by such organization, that all proceeds derived from such event will be used to further the purpose of such organization and that the management and supervision of such event will be under the total control of the applicant. Sec. 15.4 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 parts. (2) Location: See Section 15.Le. (3) Size: No such sign shall exceed 36 square feet in sign area or be higher than eight (8) feet from ground level (4) Removal: All such signs shall be removed per state regulations on political si ng age. (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 Officials. (2) Permits: Not required. Sec. 15.5 Garage sale signs. 19 a. Allowed: Up to four signs can be posted no more than 24 hours before the sale begins. b. Location: Signs may placed on private property with the permission of the property owner; no sign shall be placed on public property or in the city right-of-ways. See also Section 15.1.e C. Size: each sign shall not exceed six (6)square feet in sign area d. Removal: Signs must be removed on the last day of the sale by day's end. C. Permits: Not required. See. 15.6 Open house signs. 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 (5) days from the removal of the signs for the 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 right-of-ways. See also Section 15 Le. C. Size: each sign shall not exceed six (6) square feet in sign area d. Removal: Signs must be removed at the close of the Open House e. Permits: Not required. Sec. 15.7 Temporary Street Banner signs. a. Allowed: Charitable and non-profit organizations are allowed one sign constructed of porous material of at least eighty percent (80%) 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. e. Size: Each sign shall not exceed 25 feet in width and no more than four 4) feet in height. d. Removal: Signs must be removed at the end of seven (7) 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 sball be submitted with the ep rmit 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; 20 (2) Per occurrence $500,000, (3) Property age $100,000. Complete applications must be received 60 days in advance of the advertised event." Section 12. Said Appendix A is hereby further amended by deleting all of Section 16 in its entirety as follows: [Sec. 16. Temporary real estate subdivision signs. a. Subdivision entrance signs. (1) One temporary real estate subdivision sign may be located at the main entrance of any new residential subdivision or other residential development not to exceed 50 square feet in sign area. Provided further, one additional temporary real estate subdivision or development sign not exceeding 32 square feet in sign area may be erected at one secondary entrance to such subdivision or development. (2) 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 last occurs. b. Single-family units. (1) Allowed signs. One temporary sign not exceeding six square feet in sign area shall be allowed for each single- family dwelling unit in order to give information concerning leasing, renting, or selling of such single-family unit or lot on the property upon which such sign is erected. (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 shall not be more than five feet over the natural ground level. (3) Removal. Single-family residence signs shall be removed within ten days of the unit or lot being leased, rented or sold. (4) Permits. No permits shall be required for erection of a single-family unit sign under subsection b.(1) of this section. (5) Model homes. The model home or model home park for each separate home building company located in the subdivision which is used or designated as a sales office and/or model home may, on a temporary basis, be allowed one ground sign five feet or less from the natural ground level to the top of the sign not exceeding 16 square feet in 21 sign area until the model home or model home park is no longer used as a sales office or model home for that subdivision. C. Multifamily units. (1) Allowed signs. Two temporary signs, each not to exceed six square feet in sign area, 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) Height limits. The maximum height for ground signs shall be five feet. (3) Setbacks. Ground signs shall be located at least 20 feet from the street edge. d. Off-premises directional signs. A maximum of three off- premises directional signs may be erected giving directions to new subdivisions and other new residential developments. Such signs must comply with the following: (1) Such signs do not exceed six square feet in sign area and are constructed with a maximum height above ground level of five feet; (2) Such signs are located on private property with the written permission of the property owner or agent, submitted to the city prior to issuance of a permit; (3) Such signs are removed within two years after they are erected or when 80 percent of the units within such developments have sold, whichever last occurs; and (4) Such signs otherwise comply with the provisions of this appendix. e. Vacant acreage. Temporary signs advertising vacant acreage are allowed in order to give information concerning selling, leasing, or renting of the property provided such signs comply with the following: (1) Size. For vacant tracts of two acres or less, such sign does not exceed sixteen square feet in sign area; for vacant tracts of greater than two acres, such sign does not exceed 32 square feet in sign area; (2) Number. One such sign may be allowed for each street frontage; and (3) Height limits. The maximum height shall be eight feet above natural ground level. f. Temporary signs for new integrated business developments, shopping centers, office parks, and business parks. (1) One temporary sign for each street frontage may be located at the entrance of any new integrated business development, shopping center, office park, or business park in order to give information concerning leasing, renting, 22 construction, financing or selling of such property upon which such sign is erected. (2) The sign area for such temporary sign shall not exceed 32 square feet. (3) Such temporary sign shall be removed 24 months from the date the permit is issued. (4) The maximum height shall be eight feet above natural ground level. g. Permits. 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.] Section 13. Said Appendix A is hereby further amended by deleting all of Section 17 in its entirety as follows: [Sec. 17. Temporary direction signs. Temporary or portable 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 non- profit organizations are permitted provide that: a. Such signs do not exceed 32 square feet in area; b. Such signs are erected only for a time period not to exceed ten days before and two days after the event. Each application for a permit under this section shall contain an affidavit executed by an officer of the applicant charitable or non-profit organization certifying that the event is being conducted by such organization, that all proceeds derived from such event will be used to further the purpose of such organization, and that the management and supervision of such event will be under the total control of the applicant.] Section 14. Said Appendix A is hereby further amended by deleting all of Section 18 in its entirety as follows: [Sec. 18. Temporary political signs. a. Temporary political signs shall be allowed provided that: (1)No political sign shall be erected prior to 45 days before the election date on which the office or proposition is to be determined; (2) All such signs shall be removed within seven days following the election date on which the office or proposition is finally determined in accordance with the Texas Election Code; 23 (3) No such sign shall exceed 16 square feet in sign area nor exceed six feet in height above natural ground level; (4) Such temporary political sign shall otherwise comply with all provisions of this appendix. b. No permit shall be required for the erection of a temporary political sign.] Section 15. Said Appendix A is hereby further amended by deleting all of Section 19 in its entirety as follows: [Sec. 19. Garage sale signs. Temporary garage sale signs are allowed provided such signs do not exceed six square feet in sign area, are removed by the owner within 48 hours of placement, and are not placed on property without the permission of the property owner. No permit is required for garage sale signs.] Section 16. Said Appendix A is hereby further amended by deleting all of Section 20 in its entirety as follows: [Sec. 20. Open house signs. Open house signs are allowed for each open house provided such signs do not exceed six square feet in sign area, are removed within 48 hours of placement, and are not placed on private property without the permission of the property owner. No permit is required for open house signs. Once an open house has been held on a property, an open house sign may not be placed for the same property sooner than five days from removal of the signs for the earlier open house.] Section 17. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 21 to provide as follows: "Sec. 21. Permanent signs in residential [zones] districts. a. Applicability. This section shall apply to all residential [zones] districts as defined in the zoning ordinance: [Single-family residential dwelling district, multi-family residential dwelling district low, multi- family residential dwelling district medium, multi-family residential dwelling district highest,mobile home residential dwelling district] as well as PUD and SUP with residential components. 24 b. Multi family residential subdivisions. For each multi-family residential subdivision, a maximum of two wall or monument signs with a combined total sign area not exceeding 50 square feet shall be allowed. 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 [five] than seven 7 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 of the entrance in lieu of a single 50-square-foot sign. The top of such signs shall be not more than [six] seven 7 feet over natural ground level. As part of one sign, a [reader panel] changeable copy area not exceeding six (66) square feet shall be allowed for the purpose of placing civic announcements by the homeowners' association." Section 18. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 22 to provide as follows: "Sec.22. Permanent signs in [commercial] non-residential districts. a. [Commercial districts generally.] Applicability. This [subsection a.] section shall apply to all commercial and non-residential districts as defined in the zoning ordinance [, except as otherwise provided in subsection b. below] as well as PUD and SUP with non-residential components. b. [(I)] Wall signs. tD [(a)]One wall sign is allowed for each business establishment with an allowable total sign area of one and one-half SIB square feet for each linear foot of business frontage [up to a maximum of 80 square feet]. (2) [(b)]Where two or more business establishments utilize a common building the total allowable wall sign area shall be equal to one and one-half (1%2)square feet for each linear foot of business frontage [they shall collectively only be entitled to the square footage of wall sign that would be authorized for one business establishment]. It shall be the responsibility of the [permit holder] property to allocate such sign area to each business establishment. A master sign plan drawn to a standard 25 architectural or en ing eering scale shall be submitted to Community Development for this type project showing the exact size and location of each sign for this project. (3) [(c)]Each business establishment's wall sign must be attached to that part of the building in which the business establishment is located. c. [(2)]Ground signs. (1) One [ground] monument sign is allowed for each business establishment with an allowable total sign area of 50 square feet. The highest part of any such sign or structure shall not be greater than [15] seven (7)_feet above the highest finished grade at the front property line. (2) Where two or more business establishments utilize a common building they shall collectively only be entitled to one monument sign that would be authorized for one business establishment. The total sign area of such sign shall not exceed 50 square feet plus ten square feet for each business establishment 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(7) 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 business establishment 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) Up to 25 square feet of the allowable monument sign area may be used for changeable copy signage. (4) A second monument sign is allowed for buildings consisting of development of 40,000 square feet or more [(3) Maximum size. The maximum size of all allowed signs for a given business establishment shall not exceed 80 square feet. This subsection(3) shall not apply to temporary or portable signs. (4) Option for greater sign area. A business establishment has the option of having a total sign area greater than 80 square feet if it chooses to have no ground sign and instead uses individual letters and/or symbols attached to the building. If such an option is exercised, the formula for calculating sign area is two square feet for each linear foot of business frontage. A business establishment choosing this option may have one sign for each major thoroughfare frontage that will hold the sign. However, if such street frontage is contiguous to a residential area, the option shall not be available for a sign on the side of such building contiguous to such residential area. 26 b. Integrated business developments in neighborhood commercial district, original business district, office park district, business park district, and community shopping center district. (1) Wall signs. (a) One wall sign is allowed for each business establishment with an allowable total sign area of one and one-half square feet for each linear foot of business frontage up to a maximum of 100 square feet. (b) Where two or more business establishments utilize a common building they shall collectively only be entitled to the square footage of wall sign that would be authorized for one business establishment. It shall be the responsibility of the permit holder to allocate such sign area to each business establishment. (c) Each business establishment's wall sign must be attached to that part of the building in which the business establishment is located. (d) Option for greater sign area. A business establishment has the option of having a total wall sign area greater than 100 square feet if it chooses to use individual letters and/or symbols attached to the building. If such an option is exercised, the formula for calculating sign area is two square feet for each linear foot of business frontage. A business establishment choosing this option may have one sign for each major thoroughfare frontage that will hold the sign. However, if such street frontage is contiguous to a residential area, the option shall not be available for a sign on the side of such residential area. (2) Ground signs. (a) One ground sign is allowed for each integrated business development. (b) The total sign area of such sign shall not exceed 50 square feet plus ten square feet for each business establishment in the complex up to a maximum of 100 square feet. (c) The height, including any part of the sign shall or sign structure, shall not exceed 20 feet above the highest finished grade at the front property line. (d) It shall be the responsibility of the permit holder to allocate the sign area of the sign among the tenants.] d. [(3)] Option for directory sign in office park and business park districts. [(a)]One ground sign for the sole purpose of uniformly listing the names of the tenants is allowed for each building in 27 t � which there are multiple tenants in the office complex if the complex chooses not to use wall signs. [(b)]The total sign area of such sign shall not exceed 240 square inches per tenant. (3) [(c)]Such signs shall not exceed five (5) feet in height and shall be located within 20 feet of the building. [(4) Options for additional reader panel signage in community shopping center districts, and original business districts. (a) A maximum of 50 square feet of reader panel may be included as an integral part of the ground sign with the total sign area including the reader panel not to exceed 150 square feet. (b) A shopping center zoned community shopping center district or original business district consisting of 40,000 square feet in building size or greater will be allowed a second ground sign located on the second street to which there is access when such center is located at a major intersection. The second sign shall be no larger than 100 square feet plus not more than 50 additional square feet of reader panel. Provided, however, notwithstanding any other provision contained herein to the contrary, if such shopping center elects to erect a reader panel on such second sign, in no event shall any permits be issued for portable signs for business establishments within such shopping center. (c) The height of any sign permitted under this subsection 22.b.(4) shall not exceed 20 feet. C. Light industry. Areas zoned light industrial district shall have the same regulations for wall and ground signs as provided in subsection a. above but additionally may have one ground sign for integrated developments of two or more separate business establishments. The allowable sign area for such ground sign shall not exceed 50 square feet plus five square feet for each additional business establishment up to a maximum of 100 square feet. d. Agricultural. Areas zoned agricultural district shall have the same regulations for wall and ground signs as provided in subsection a. above.] e. Fast food/drive-through menu [reader] boards. Menu boards for fast food/drive-through restaurants shall not be considered as a ground sign if such menu [reader] board is screened from adjacent buildings or structures. Landscaping around menu [reader] boards shall be required so as to screen to the degree reasonably possible such menu [reader] board from abutting properties. [f. Use of reader panels for noncommercial purposes. Any business establishment utilizing a reader board or panel as a part of its signage shall be entitled to place messages upon such reader board or panel for noncommercial purposes.] 28 f. Off-premises signs and directional signs Off-premise signs and directional signs of up to a maximum of four (4) square feet are allowed if the property on which the sign is located and the rp operty which is described in the sign are contiguous The permit application shall be signed by both o>l ertv owners." Section 19. Said Appendix A is hereby finther amended by deleting therefrom Section 23 in its entirety as follows: [Section 23. Permanent signs in districts zoned for specific use. a. Applicability. This section shall apply to areas zoned for specific use such as churches, institutional, fraternal, and other as provided in the zoning ordinance of the city. b. Size, number, and location. The regulations for wall and ground signs as established by section 22.a. above shall also apply to areas zoned for specific use.] Section 20. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 25 to provide as follows: "Sec. 25. Obsolete signs. Signs which have [been abandoned] become obsolete due to closing of a business establishment, change in business establishment name, or for any other reason rendering the sign non-applicable to the property involved, shall be removed or rendered blank by the permit holder or other owner of the building or premises within 30 days from the date of the action that caused the sign to be considered [abandoned] obsolete. A condition of approval for all sign permits shall be that the permit holder or owner of the building or premises, at his own expense, remove or render blank all [abandoned] obsolete signs. [New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed.]" Section 21. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 26 to provide as follows: "Sec. 26. Lawfully existing nonconforming signs. 29 a. Signs in existence on January 22, 1979, for which permits were obtained in accordance with city Ordinance No. 323, and signs in existence as of the effective date of this ordinance for which permits were obtained in accordance with Appendix A of the Code of Ordinances shall be considered and deemed as lawfully existing nonconforming signs and may be continued as such. Notwithstanding the foregoing, the person or entity holding the permit for any such lawfully existing nonconforming sign shall be required to obtain a permit for such sign and otherwise comply with all requirements of this appendix relating to nonconforming signs and sign structures. b. Lawfully existing nonconforming signs shall be kept in good repair and visual appearance and no structural alteration[s] shall be made thereto. [Notwithstanding sections 2.b.(4) and 4. above,] In the event that a lawfully existing nonconforming sign or sign structure is damaged or destroyed in an amount equal to or greater than fifty-percent (50%) of the value of the sign, the sign shall be removed, made to conform or replaced with a conforming sign. G. Lawfully existing nonconforming signs [advertising] associated with non-residential properties which have [a business establishment which has] been vacated for 90 days or more shall be removed." Section 22. Said Appendix A is hereby further amended by deleting the provisions contained within brackets and adding the material underlined, said Section 27 to provide as follows: "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 (2) square feet in area. b. Identification nameplates or signs on apartment houses, boarding or rooming houses, or similar uses, not exceeding two (2) square feet in area. C. One nameplate denoting only the name of the occupants of a dwelling, and not exceeding two (2) square feet in area nor located closer than two Q feet to the property line. 30 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 (2) square feet in area. g. Signs required by any law or regulation of the federal, state or local governments. h. Onsite directional signs for public and private developments denoting the entrance, exit, and direction of traffic flow and not exceeding two (2) 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 directional signs as long as each does not exceed four (4) square feet. k. Signs on motor vehicles, as such term "motor vehicle" is defined in Vernon's Tex. Transp. Code Ann. § 541.201(11), as amended, when the primary use of such motor vehicle is the transportation of persons or property. 1. Flags of the United States, the State of Texas, or any other political subdivision; or any flag of a religious, fraternal, or charitable organization. m. Company flags displaying only a company logo provided such a flag is affixed to a flagpole and the length of the 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. 31 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 of Texas; provided, however, that there shall be no more than four (4) such signs on any one property and the total square footage of all such signs shall not exceed 36 square feet." Section 23. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 24. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict. Section 25. In the event any section, paragraph, subdivision, clause, phrase, 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 jurisdiction, 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 part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 218t day of March ,2005. PASSED, APPROVED, and ADOPTED on second and final reading this 4th day of April 2005. 32 J l Kimball W. Brizendine Mayor ATTEST: �OF FRIFp OS�p 0 s Deloris McKenzie, TRMC A9rF OF City Secretary 33