Loading...
HomeMy WebLinkAboutOrdinance No. 98-29 , _ _ ��� � � � � � • � ORDINANCE NO. 98�29 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C, THE ZONING ORDINANCE; BY STRIKING ALL OF APPENDIX A THEREOF, THE SIGN ORDINANCE, AND SUBSTITUTING THEREFOR A NEW APPENDIX A; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR RELATED MATTERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by striking all of Appendix A thereof, said Appendix A being the Sign Ordinance of the City, which reads as follows: [APPENDIX A - SIGNS Section 1. Definitions. For the purposes of this subsection the following definitions shall apply: a. Billboard: Any sign which directs attention to a business, commodity, service, or entertaintnent conducted, sold, or offered elsewhere than on the premises where such sign appears. If such business, 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: A project or undertaking which 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 subsection. c. Business frontage: The linear measurement of the side of the building which contains the primary entrance of the building. d. Business park: Businesses located in the business park district. FW D/SIGN.ORD/OS/29/98 e. Community sign: A sign on which the sign area is shared by two or more businesses. f. Double faced sign: A single sign with two parallel sign faces back-to- back. g. Energized sign: A sign energized from artificial sources for the purposes of self-illumination or sustaining motion. h. Flagpole: A freestanding structure permanently mounted on the ground and designed and constructed for the purpose of hanging flags. i. Freestanding sign or ground sign: Any sign supported by one or more columns, poles, uprights, or braces anchored in or on the ground and not attached to any building. j. Garage sale: The sale of items 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. k. Glare: Emitted light which exceeds 60 foot-candles. 1. Grand opening: The formal offering by a new business of its goods, wares, merchandise, service, entertainment, or activity. m. Identification sign: Any sign which carries only the firm, business, or corporate name, the major enterprise on the premises, or the principal products offered for sale on the premises. n. Irctegrated business development: 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. o. Irregular signs: Separately mounted signs on one supporting structure. p. Major intersection: Shall mean an intersection of two major thoroughfares. q. Major thoroughfares: Shall mean Farm-to-Market Roads 518, 528, and 2351. r. Monument sign: Any sign five feet or less from the natural ground level to the top of the sign. FW D/SIGN.ORD/OS/29/98 2 . � � . � s. Multi faced sign: A single sign with two or more faces which are not parallel or back-to-back. t. New business: A project or undertaking which involves the use of any property, building, or structure, permanent or temporary, for the primary purpose of conducting in said building or structure or on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regu- lations of the City of Friendswood, and when such project or undertaking is new to the premises. Provided however, a change in ownership of at least 50 percent of an ongoing project or undertaking shall constitute a new business for the purposes herein and, provided further, 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, by not less than 50 percent. u. Nonadvertising sign: Any sign posted on private property containing thereon a regulatory or warning notice and upon which no advertising matter is displayed. v. Office complex: One or more commercial buildings with multiple businesses providing services and not delivering products directly to customers and consisting of two or more tenants using common driveways. w. Open house: A designated period of time during which a property is open for viewing by prospective purchasers. x. Portable sign: 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. y. Projecting sign: Any sign which is affixed or attached to, and is supported solely by a building, wall or like structure, which extends beyond the building, wall, or like structure, or parts thereof, more than 18 inches and whose angle of incidence to said building, wall, structure, or parts thereof, is greater than 30 degrees. z. Public service sign: A sign which provides a service or message to the public, such as time, temperature, and charity appeals. aa. Reader panel: A permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures. bb. Roofline: The height above finished grade of the upper beam, rafter, ridge, or purlin of any building. FWD/S[GN.ORD/05/29/98 3 ' � . ,� cc. Shopping center identification sign: A freestanding sign structure containing the name identifying an integrated business development which may also include identification signs on which the names and nature of businesses within the development are uniformly displayed. dd. Sign area: The total square footage of all sign facing, including that portion of the supporting structure or trim which carries any wording, symbols, identifying color, or pictures; provided however, in the case of double-faced signs, only one face shall be computed to determine sign area. ee. Sign facing or surface: The surface 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 surface shall mean the outside dimensions of the area containing all of the individual words, letters, and sym- bols. ff. Sign: 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, asso- ciation, place, commodity, product, service, business, 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. gg. Snipe sign: A sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, stakes, fences, 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. hh. Temporary sign: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials with short life expectancies. A portable sign shall not be considered a temporary sign. ii. Wall sign: All flat signs, either of solid face construction or individual letters, symbols, or pictures, which are placed against the exterior wall of any building or structure and extending not more than 18 inches from the face of such building or structure, parallel to the building or structure, and having the advertisement on one face only. FW D/SIGN.ORD/OS/29/98 4 � ' . � � ° � ---. Section 2. Permits. It shall be unlawful for any person to erect, structurally alter, or relocate within the city any sign without first satisfying the requirements of this paragraph. a. Sign permits. It shall be unlawful for any person, unless provided otherwise in this ordinance, to erect, place, rebuild, reconstruct, or move any sign within the city without first obtaining a sign permit. (1) Application. All applications for sign permits shall be accompanied by a plan or plans drawn to scale which shall include the following: (a) The dimensions of the sign and, where applicable, the dimensions of the wall 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 the face of the building in front of which or above which it is to be erected. (e) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. (fl The location of all electrical transmission lines within 30 feet of any part of such proposed sign structure. (2) Issuance. Upon the filing of an application for a sign permit, the plans, specifications, and other data shall be examined by the building inspector. If it appears that such proposed sign is in compliance with the requirements of this subsection and other laws of the city, the building inspector shall issue the applicant a sign permit. Upon completion of the construction of the sign, the building inspector shall inspect the sign to determine if it is in conformity with the specifications approved at the time the sign permit was granted. If such sign was constructed in conformity with the specifications approved at the time the sign permit was granted, then the building inspector shall issue a validation sticker. Validation stickers shall be prominently displayed at all times on the sign or sign structure. (3) Preexisting signs. Signs in existence on January 22, 1979, for which sign use permits were obtained in accordance with City of Friendswood Ordinance No. 323, shall be considered and deemed as lawfully existing FWD/SIGN.ORD/OS/29/98 5 ' , ``a �--� nonconforming structures and may be continued as such pursuant to City of Friendswood Ordinance No. 84-15 [Appendix C of this Code]. Notwithstanding the foregoing, the person or entity holding the sign use permit for any such lawfully existing nonconforming sign shall be required to acquire a validation sticker for such sign in accordance with paragraph 4 hereof, and otherwise comply with paragraph 27 [26] of this subsection relating to nonconforming signs and sign structures. 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. (5) Garage sale or open house signs. (6) Contractor and real estate signs not exceeding six square feet in sign area. c. Stop orders. The issuance of a sign permit or a validation sticker shall not constitute a waiver of this ordinance or other ordinances of the city. The building inspector 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. Section 3. Measurement of signs. a. Wall signs (fixed to building). The sign facing or surface area shall be computed as including the entire area of a wall within a regular geometric form comprising all of the display area of the sign and including all of the elements of the display and including the frame if applicable. b. Ground signs (freestanding). The sign facing or surface area shall be computed as including the entire area within a regular geometric form comprising all of the display area of the sign and including the frame. Supporting structural members not bearing advertising matter, identifying color, symbols, wording, or pictures shall not be included in computation of surface area. FWD/SIGN.ORD/OS/29/98 () � , � ' '"� , , (1) Irregular signs. In calculating the area of irregular signs or separately mounted signs on one supporting structure, the area shall be that of the smallest regular geometric form that will wholly contain all of the elements, including the frame. (2) Multifaced signs. In calculating the area of multifaced signs, all faces of a multifaced sign shall be included. Section 4. Maintenance. All signs and sign structures shall be kept in good repair and neat in appearance. Signs shall be maintained at reasonable intervals including replacement of defective parts, painting, repainting, and cleaning. The code enforcement officer shall inspect all signs and sign structures every two years and shall require corrections of any sign deemed in violation of this subsection. Upon each such biannual inspection, if such sign is deemed in compliance herewith, a validation sticker shall be issued evidencing such compliance. Validation stickers shall be prominently displayed on the sign or sign structure. A validation sticker shall expire at the end of two years following its issuance. Section 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. 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 roofline of such building. Section 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. 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. FW D/SIGN.ORD/OS/29/98 �] , , ,__. ^, Section 7. Fire hazards. a. It shall be unlawful for any person to erect, structurally alter, or relocate any sign in such a 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, or relocate a sign in such a manner that all or any portion of such sign or its supporting structure will interfere in any way with the free use of any fire escape, exit, or standpipe, or obstruct any required ventilator, door, or stairway. d. Any cloth sign or banner that is attached to a building shall be flameproofed. e. The fire marshal of the city, or his duly qualified representative, shall be the sole judge of a violation under this subsection. Section 8. Traffic hazards. a. It shall be unlawful for any person to erect, structurally alter, or relocate 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, 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 subsection. Section 9. Prohibited signs. Signs of the following nature are expressly prohibited unless specifically authorized by this ordinance: a. Billboards. FWD/SIGN.ORD/OS/29/98 g ' , '`. ,--->. b. Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character as will offend public morals or decency. c. Signs which advertise an activity, business, or service no longer conducted on the premises upon which the sign is located. d. Signs which move or contain visible moving parts. e. Signs which contain or have attached thereto banners, posters, pennants, ribbons, streamers, strings of lightbulbs, spinners, or other similar devices. f. Signs attached to or located upon exposed amenities such as benches, trash containers, or fences. 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. Section 10. Signs on public property. a. Signs on public property. It shall be unlawful to place a sign upon a public street, public sidewalk, public right-of-way, public curb, or other public improvement in or upon any public street or public grounds, or any public bridge or part of same, or on any public building or structure of any kind belonging to the city, or in any public place or on any public building or structure belonging to the city, or in any public place or on any public improvement unless express consent thereof shall have been first granted by the city council. This paragraph shall not apply to a public employee in the regular course and scope of his employment. b. Impoundment. Any unlawful sign found within a public right-of-way of a public street or public sidewalk shall be seized and removal thereof is hereby authorized. The code enforcement officer, employees of the police department, the department of public works, and community development are hereby authorized to impound any signs found on a public street, [or] public sidewalk and transport or cause the same to be transported to a location to be designated by the sign administrator for storage. Snipe signs which have a value of less than $50.00 may be disposed of immediately. The custodian of the storage area shall maintain records of where such signs were located when they were so impounded and the date on which they were so impounded and shall hold the same in the storage area for a period of not more than 30 days. FWD/SIGN.ORD/OS/29/98 9 , , � � . . , Any sign so held may be redeemed by the owner thereof upon the payment of a fee to the City of Friendswood 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 ad�ition 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 sold at public auction in the same manner as surplus property of the city. c. Signs on private property. No person shall place a sign on private property without the consent of the owner of said property. d. 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 11. Painted signs. Painted signs shall be on permanently weatherproofed materials, and all sign surfaces shall be painted or treated with weatherproofed materials. Section 12. Energized signs. a. It shall be unlawful for any person to erect, alter, or relocate within the city any of the following: (1) An energized sign that is rotating, animated, or contains any moving parts; provided however, public service displays shall not be prohibited by this paragraph. (2) 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. (3) Any overhead wiring permitted must be at least 14 feet above ground level. FW D/SIGN.ORD/OS/29/98 1� , r 5ection 13. Illumination of signs. a. It shall be unlawful for any person to erect, structurally alter, relocate, or maintain any sign which creates glare upon a public street, sidewalk, or adjacent residential 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 upon any street, alley, driveway, parking area, or adjacent residential property. Section 14. Portable signs. a. One portable 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. 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. A permit shall be obtained prior to installation and display of a portable sign, and use of a portable sign shall comply with paragraphs 3 through 13 of this subsection. Section 15. Temporary signs [generally]. a. In lieu of using a portable sign to advertise a grand opening as authorized by paragraph 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. 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. Pennants, spinners, and other similar temporary devices or signs shall be prohibited. d. A permit shall be obtained prior to installation and display of a temporary sign, and use of a temporary sign shall comply with paragraphs 2 through 13 and 26 of this subsection. FW D/SIGN.ORD/OS/29/98 11 ,- .-� e. Banner signs may be used provided they are affixed to a wall of the building and comply with the requirements of paragraph 7. f. Contractors may place a sign on property in residential zones where actual construction (landscaping, roofing, pool, etc.) is taking place. Such sign shall not exceed six square feet in sign area and shall be removed within ten days of placement. Section 16. Temporary real estate [and] 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 use permitted [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) [Permitted signs]. One temporary sign not exceeding six square feet shall be permitted 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 when the unit or lot is sold. (4) Permits. No permits shall be required for erection of a single- family unit sign. (5) [Model homes.J 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 monument-type sign not exceeding 16 square feet in sign area until FWD/SIGN.ORD/OS/29/98 12 � ' � ^--� . � , , , . , 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) [Permitted signs.J One temporary sign not to exceed 12 square feet in sign area may be permitted 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 freestanding signs shall be 15 feet. Any sign attached to a building shall not be higher than the top of the wall (lower than the gutter line). (3) Setbacks. Freestanding 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 four 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 direct the public to residential developments located within the city; (4) The residential development to which such signs pertain does not have frontage on a major thoroughfare; (5) 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 (6) Such signs otherwise comply with the provisions of this subsection. e. Vacant acreage. Temporary signs advertising vacant acreage may be permitted in order to give information concerning selling, leasing, or renting of the property provided such signs comply with the following: FWD/S[GN.ORD/OS/29/98 13 � (1) Size. For vacant tracts of one acre or less, such sign does not exceed six square feet in sign area; for vacant tracts of greater than one acre but not more than two acres, such sign does not exceed 16 square feet in sign area; for vacant tracts greater than two acres, such sign does not exceed 16 square feet plus one square foot for each additional acre up to a maximum of 50 square feet of sign area; (2) Location. Such temporary sign may be located anywhere on the premises except as otherwise restricted by this subsection; (3) Number. One such sign may be allowed for each street frontage; (4) Height limits. The maximum height shall be 15 feet; (5) Setbacks. Signs shall be located at least 20 feet from the edge of the roadway. f. Temporary signs for new integrated business developments, shopping centers, office parks, and business parks. (1) One temporary sign may be located at the main entrance of any new integrated business development, shopping center, office park, or business park. (2) The sign facing for such temporary sign shall not exceed 50 square feet. (3) Such temporary sign shall be removed 24 months from the date the use permit is issued , or when 80 percent of the improved buildings are occupied, whichever last occurs. g. Permits. A permit shall be required for any temporary sign authorized hereinabove. Such permits shall be granted for a period not to exceed six months, and at the expiration of the permit period all such temporary signs shall be removed unless a new permit is obtained. Section 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, special events on the behalf of charitable organizations, and the like are allowed provide that: a. Such signs do not exceed 32 square feet in area. FWD/SIGN.ORD/05/29/98 14 . ' ,�,., �.. , . , , b. Signs are erected only for a time period not to exceed ten days before and two days after the event. c. Such signs are located on private property with the permission of the property owner. In no case shall the sign be located on a public right-of-way. Section 18. Temporary political signs. Temporary political signs shall be permitted provided that: a. No political sign shall be erected prior to 45 days before the election date on which the office or proposition is to be determined. b. 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. c. No such sign shall exceed 20 square feet in sign area nor exceed six feet in height above natural ground level. d. No permit shall be required for the erection of a temporary political sign. e. Such temporary political sign shall otherwise comply with all provisions of this subsection. Section 19. Garage sale signs. Temporary garage sale signs are permitted provided such signs do not exceed six square feet in sign area, are removed by the owner within 72 hours of placement, and are not placed on property without the permission of the owner thereof. Section 20. Open house signs. Open house signs shall be permitted for each open house provided: a. No such signs exceed six square feet in sign area; b. Such signs are erected on private property with the permission of the property owner; c. Such signs shall be removed within 12 hours of placement. Section 21. Permanent signs permitted and regulated in residential zones. a. [Applicability.J This paragraph shall apply to all residential zones as given in the zoning ordinance: SFR, MFR-L, MFR-M, MFR-H, MHR. FW D/SIGN.ORD/OS/29/98 15 , , � • • ' , b. Multifamily residential subdivisions. For each multifamily residential subdivision, a maximum of two signs with a combined total sign area not exceeding 50 square feet shall be permitted. Permitted signs may be anywhere on the premises except as restricted by the zoning ordinance and this subsection. They may not project beyond any property line and, if ground mounted, the top shall not be more than five feet over natural ground level. If building mounted, such sign shall be flush mounted and shall not project above the roofline. c. Single family residential subdivisions. Each single-family residential subdivision is allowed one freestanding entrance identification sign at each entrance not to exceed 50 square feet. Provided however, signs with a maxunum of 32 square feet may be placed on opposite sides of the entrance in lieu of the 50-square-foot sign. As part of one sign, a reader panel shall be allowed for the purpose of placing civic announcements by the homeowners' association. Section 22. Permanent signs permitted and regulated in commercial districts. a. [Commercial districts generally.J This subparagraph a. shall apply to all commercial districts as given in the zoning ordinance, except as otherwise provided in subparagraph b. below. (1) Wall signs. (a) Size and number. One wall sign is permitted for each business establishment with an allowable total sign area of 1'/z square feet for each linear foot of building frontage, not to exceed 80 square feet in sign area including the frame. The maximum sign area of all permitted signs for a given business establishment shall not exceed 80 square feet. This shall apply to any combination of wall and ground signs. (b) Location. A wall sign shall not project above the roofline or the parapet, whichever is higher. The sign must be located on the site where the goods or services are offered. (2) Ground signs (fi-eestanding). (a) Size and number. One ground sign is permitted for each business establishment with an allowable total sign area of 50 square feet including the frame. The combined sign area including the wall sign and the ground sign shall not exceed 80 square feet for any one business establishment. A reader panel shall be treated as a ground sign. FW D/SIGN.ORD/OS/29/98 16 � � � . . , (b) Location and height. A ground sign shall be set back so that no part of such sign overhangs public property. The height including any part of the sign or structure shall not exceed 15 feet in height above the highest finished grade at the front property line. The sign must be located on the site where the goods or services are offered. (3) Option for greater sign area. A business establishment has the option of having a greater total sign area than 80 square feet if they choose to have no freestanding sign, and use individual letters and/or symbols attached to the building. If such an option is exercised, the formula calculating sign area is two square feet for each linear foot of building frontage. A business establishment choosing this option may have one sign for each main street 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. b. Integrated business developments in districts NC, OBD, OP [OPDJ, BP, CSC, and RSC. (1) Wall signs. (a) One wall sign is permitted for each business establishment with a maximum total area equal to 1'/z square feet for each linear foot of business frontage up to a maximum of 100 square feet. (b) No part of the wall sign shall extend above the roofline or parapet, whichever is higher. (c) Each business establishment's wall sign must be attached to a wall of the building in which the business establishment is located. (d) Awning suspension signs shall count as wall signs in determining sign area. (e) Where two or more business establishments utilize a common building and common entrances and frontages they shall only be entitled to the square footage of wall sign that would be authorized for one building establishment. It shall be the responsibility of the permit holder to allocate such sign area to each business establishment. (2) Option for greater sign area. A business establishment has the option of having a total 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 building frontage. A business establishment choosing this option may FW D/SIGN.ORD/OS/29/98 1�] , � ^ have one sign for each main street 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. (3) Freestanding signs. (a) One freestanding community identification sign is permitted for each integrated business development. (b) The total sign area of such freestanding 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) Location and height. A ground sign shall be set back so that no part of such sign overhangs public property. The height, including any part of the sign or sign structure, shall not exceed 20 feet above the highest finished grade at the front property line. The sign must be located on the site where the goods or services are offered. (d) It shall be the responsibility of the permit holder to allocate the sign area of the freestanding identification sign among the tenants. (4) Option for directory sign in office park and business park districts. (a) One freestanding directory sign for the sole purpose of uniformly listing the names of the tenants is permitted for each building in 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. (c) Directory signs shall not exceed five feet in height and shall be located within 20 feet of the building. FW D/SIGN.ORD/OS/29/98 1 g � , •-� � (5) Options for shopping centers 40,000 square feet or greater in CSC, RSC, and OBD districts. (a) A maximum of 50 square feet of reader panel may be included as an integral part of the freestanding sign with the total sign area including the reader panel not to exceed 150 square feet. (b) A shopping center zoned CSC, RSC, or OBD consisting of 40,000 square feet or greater will be allowed a second freestanding sign located on the secondary 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 permits be issued for more than four portable signs for businesses within such shopping center at any given time. (c) The height of any sign permitted under this subparagraph 5 shall not exceed 20 feet. c. Light industry. Areas zoned for light industry (L-1 [LI]) shall have the same regulations for wall and ground signs as other commercial areas but additionally may have one freestanding community sign for integrated developments of two or more separate businesses. The allowable sign area for such freestanding community sign shall not exceed 50 square feet plus five square feet for each additional business up to a maximum of 100 square feet. d. Agricultural. Areas zoned for agricultural (A-1) shall have the same regulations as other commercial areas excluding areas zoned for light industry (L-[LI]). e. Fast food/drive-through reader boards. Menu reader boards for fast food/drive-through restaurants shall not be considered as a freestanding or monument sign if such reader board is screened from adjacent buildings or structures. Landscaping around reader boards shall be required so as to screen to the degree reasonably possible such reader board from abutting properties. f. Use of reader panels for noncommercial purposes. Any commercial entity 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. FW D/SIGN.ORD/OS/29/98 19 - .--.A. Section 23. Permanent signs permitted and regulated in districts zoned for specific use. a. [Applicability.J This paragraph 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 paragraph 22 above for commercially zoned areas shall also apply to areas zoned for specific use. c. Option for greater sign area. The option for greater sign area as provided in paragraph 22 above shall also apply to areas zoned for specific use. Section 24. 5igns on vehicles and similar types of property for sale or lease. No type of vehicle including, but not limited to, cars, trucks, motor-driven cycles, or vehicles built of miscellaneous parts of other vehicles, such as sand or dune buggies, and no type of trailer, boat, or other similar type of property shall be placed on private property within the city for the purpose of advertising such item for rent, sale, or lease unless such property is on the premises where the owner of such property advertised for sale or lease resides or conducts business or is on the premises of a business engaged in the rental, sale, or lease of such property. Section 25. Obsolete signs. Signs which have been abandoned due to closing of a business, change in business name, or for any other reason rendering the sign nonapplicable to the property involved, shall be removed or rendered blank by the permit holder or other owner of the building or premises within 60 days from the date of the action that caused the sign to be considered abandoned. 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 all abandoned 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 26. Nonconforming signs. a. Nonconforming signs shall be kept in good repair and visual appearance and no structural alterations shall be made thereto. In the event that more than 50 percent of a nonconforming sign is damaged, the sign shall be replaced with a conforming sign rather than repairing the damage. b. Nonconforming signs advertising a business which has been vacated 90 days shall be removed or made to conform. FWD/SIGN.ORD/OS/29/98 2� � � c. Limitation on variance. A variance is authorized under this subsection K only for height of sign and setback 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 subsection K unless undue hardship will result therefrom. Hardship shall mean that strict application of the requirements hereof relating to height and setback of signs and sign structures shall deprive the applicant of reasonable use of his property. Section 27. Exceptions and exemptions. The following described signs are exempt from the provisions of this subsection K, except for paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14: a. Real estate signs not exceeding six square feet in area per face pertaining to the sale or rental of the property on which they are displayed, but not more than one such sign for each street frontage. b. 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. c. Identification nameplates or signs on apartment houses, boarding or rooming houses, or similar uses, not exceeding two square feet in area. d. One nameplate denoting only the name of the occupants of a dwelling, and not exceeding two square feet in area nor located closer than two feet to the property line. e. Memorial and/or historical signs as designated by federal, state, or local governments. f. Traffic or other municipal signs, legal notices, or danger signs by federal, state, or local governments. g. Nonadvertising warning signs or trespassing signs on private property, not exceeding two square feet in area. h. Nonadvertising signs of public utility companies as may be required in their operations in providing services for the health and welfare of the general public, or as required. by any law or regulation of the state, or any agency thereof. i. Onsite 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 other sections of this ordinance or any other ordinance of the city. FW D/SIGN.ORD/05/29/98 21 ' .�.., -.', j. Street banners erected by the city advertising a bona fide public event such as legal holidays, nonpolitical election instructions, and similar occasions. k. 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 square feet. l. Onsite nonadvertising signs: Signs required by law which are necessary for operation of the business and which contain no advertising matter are permitted. These signs are not counted in the overall footage limit. m. Signs on motor vehicles, as such term "motor vehicle" is defined in Vernon's Ann. Civ. St. art. 6701d, as amended, when the primary use of such motor vehicle is the transportation of persons or property. A motor vehicle, or any part thereof, parked or stored with one or more signs displayed thereon, which is not used on a regular basis for the transportation of persons or property but is used as a substitute sign structure, shall not constitute an exception under this subsection. n. Flags of the United States, the State of Texas, or any other political subdivision; or any flag of a religious, fraternal, or charitable organization. o. Company flags displaying only a company logo provided such flag is affixed to a permanent flagpole and length of flag shall not exceed one-quarter of the height of the flagpole. p. 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. q. Sculptures, statues, or other three-dimensional works of art.] and substituting therefor a new Appendix A to read as follows: APPENDIX A - SIGNS Section 1. Definitions. For the nurposes of this Appendix A to Subsection K of section 8 of Ordinance No. 84-15 as created by Ordinance No. 91-15 ("A�pendix") the followin� definitions shall apnlv: FVVD/SIGN.ORD/OS/29/98 22 ^� . • , . a. Billboard: An��n which directs attention to a business establishment commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises where such sign a�pears. If such business establishment, commodity service or entertainment is merelv incidental to the use of such property where such si�n appears, such sign shall be deemed a billboard. b. Business establishment: A project or undertaking which involves the use of an�propertv building or structure permanent or temporarv for the primarX purnose of conducting on said pro e�rt�legitimate commercial enterprise or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered bv a business establishment shall be considered one business establishment for the purposes of this A� ep ndix• c. Business fronta�e: The linear measurement of the side of the building which contains the primarv entrance of the buildin� d. Business park: Business establishments located in a Business Park District. e. Double-faced siQn: A sin l�e sign with two parallel sign faces back-to- back. f. EnerQized sign: A si n energized from artificial sources for the purposes of self-illumination or sustainin� motion. � Fla,�,pole: A freestanding structure permanentiv mounted on the r� ound and desi�ned and constructed for the purpose of han�g fla� h. GaraQe sale: The sale of items which a resident or group of residents wish to disuose of at discount prices, conducted from a a�rage and/or yard and which items offered for sale are used or discarded by or from those residents offerin� them for sale. i. Grand openinQ: The formal offerin�bv a new business of its goods wares, merchandise, service, entertainment, or activitv. j_ Ground si,�n: Anv sign mounted on the �round or supported bv one or more columns, poleS, Upri�hts, or braces anchored in or on the ground and not attached to anv building, including reader au nels• k. Identification si�v si�n 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. FW D/SIGN.ORD/OS/29/98 2.3 . ` ,-�, 1. InteQrated business develovment: A development consisting of two or more interrelated business establishments using common drivewavs and onsite parkin� facilities, includin�, but not limited to, shoppin� centers office complexes office buildings, and business�arks. m. Maior intersection: Shall mean an intersection of two major thorou hfares. n. Maior thorou�hfares: Shall mean Farm-to-Market Roads 518 528 and 2351. o. Monument si�n: A ground sign mounted on the ground and not elevated above the graund bv any columns, poles, uprights or braces. � Multifaced siQn: A single sign with two or more faces which are not parallel or back-to-back. � New business: A business establishment new to the premises on which it is located; provided however, a chan�e in ownership of at least 50 percent of a business establishment shall constitute a new business for the purposes herein and provided further, expansion of an existing buildin� 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 foota�y not less than 50 percent. r. O�fice complex: One or more commercial buildin�s with multiple business establishments providing services and not delivering nroducts directiv to customers and consistin� of two or more tenants usin� common drivewa,� s. Open house: A desi nated period of time durin� which a property is open for viewin�by prospective purchasers. t. Portable siQn: Any si n designed or constructed to be easily moved from one location to another, including si�ns mounted upon or desi�ned to be mounted upon a trailer, wheeled carrier, or other nonmotorized mobile structure A portable si�n which has its wheels removed shall still be considered a portable sign hereunder u. Public service si�n: A sign which provides a service or messa�e to the public, such as time, temperature, and charit,�%appeals. v. Reader panel: A permanently constructed changeable co�y bulletin board li�hted or unlighted with detachable precut letters and fi res w. Roofline: The height above finished grade of the upper beam rafter rid�or purlin of any buildins. FWD/SIGN.ORD/OS/29/98 24 ,.�.' ,�"" , . � � x. ShoppinQ center identification sign: A ground si�n identi in� an inte�rated business development which may also include identification signs on which the names and nature of business establishments within the development are uniformlX displa,� �, SiQn area: The total square footage of all si n facing includin�at portion of the supporting structure or trim which carries any wordin�symbols or pictures; provided however, in the case of double-faced si ng s onlv one face shall be computed to determine sign area; provided further however, in the case of multifaced si�ns, all faces shall be comnuted to determine si n area. z. SiQn facinQ: The facing o� s��pon, a�ainst, or through which the messa�e is displaved or illustrated; provided however, for signs in which the words letters, or svmbols are independentiv mounted, the si n facing shall mean the smallest re�ular �eometric form containing all of the individual words letters and s, m� bols Size of the si�n shall be determined bv the lettering. However, if there is back r�und in addition to the letterin , back�round material shall be included if the background is uniquely associated with the letters. aa. SiQn: Anv 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 buildin� or structure or on an awning cano��quee or similar a,�penda�e 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 insi.nia symbol, device, mono�ram heraldry trademark li�ht or other representation used as or in the nature of an announcement, advertisement, attention arrester direction warnin�, or desi�nation of any nerson, firm �roup or�anization corporation asso- ciation, place, commodity�roduct, service business establishment profession enterorise, industrv, activitv, 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. Snive siQn: A sign which is tacked. nailed, osp ted pasted �lued or otherwise attached to trees, stakes, fences, utilit�uoles or other like objects the advertisin� matter of which is not ap�licable to the present use of the premises on which the sign is located. cc. Tempora sign: Anv si�n constructed of materials with short life exnectancies. A portable sign shall not be considered a temporarv si�n dd. Wall siQn: All si�ns, either of solid face construction or individual letters, svinbols, or nictures, which are attached to the exterior of any building or structure. FWD/SIGN.ORD/OS/29/98 25 � � � . • , � Section 2. Permits. a. Sign permits. It shall be unlawful for an�person unless provided otherwise in this A�pendix, to erect, structurally alter, relocate, lease rent or own any si�n within the citv without first obtainin�a permit for such sign. � Application. All a�plications for si�permits shall be accompanied by a plan or plans drawn to scale which shall include the followin�: � The dimensions of the si�n and, where a�plicable, the dimensions of the surface of the building to which it is to be attached. � The dimensions of the si ng 's su�porting; members. � The maximum and minimum hei�ht of the sign. � The proposed location of the si�n in relation to all buildings on the premises where the si�n is to be located. � The proposed location of the si�n 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. � 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. If it appears that such proposed sign is in compliance with the re�uirements of this Appendix and other laws of the citv and the applicant bein� in comnliance with all building ordinances of the citv and other permits issued bv the city, the code enforcement officer shall issue the annlicant a ermit for such sign. Such sign shall thereafter be constructed in accordance with the plans, specifications and other data submitted to the code enforcement officer b. Exceptions. A permit shall not be required for the followin� � The chan�m� of the advertisin�py or message of a ainted sign. �2,� The chan�g of the advertisin� messa�e or co�y of an electric si�n, if such electric si n is specificallv desi�ned for the use of replaceable conv• � The electrical, repainting, or cleanin�maintenance of a si�n. FW D/SIGN.ORD/OS/29/98 26 � _.. � The repair of a sign. c. StOp orders. The issuance of a permit under this A�pendix shall not constitute a waiver of this ordinance or other ordinances of the citv The code enforcement officer is authorized to issue stop orders for anv si�n which is being constructed or used in violation of this or any other ordinance of the citv. Section 3. Violations are Prohibited. a. It shall be unlawful for any person to erect, structurally alter relocate lease, rent, or own within the cit�y si�n not ex rp esslv exempted from regulation bX this A�nendix without first satisf� t� he requirements of this A� endix. b. It shall be unlawful for any person to violate any provision of this A� ep ndix• c. The violation of an�provision of this Appendix shall constitute a misdemeanor and shall be punishable by a fine not to exceed $2,000.00. Each dav or fractional part thereof that anv violation of this A�pendix shall continue shall constitute a separate offense. The imposin� of any_penaltv under this subsection shall not prevent the enforced removal and abatement bv the citv of any prohibited condition. d. An�person found to have violated an�provision of this A�pendix shall in addition to anv fine imposed under this Section, reimburse the Citv of Friendswood for anv of its costs and expenses, direct or indirect, including attorneys' fees and emnlovee wa�es and salaries, incurred in enforcin t� h�ppendix against such person. Section 4. Maintenance. All si�ns and si�n structures shall be kept in ood repair and neat in a�pearance includin� replacement of defective parts, paintin�repaintin�, and cleaning_, Section 5. Projection of Signs. a. No sign or any uortion thereof shall �project or extend over any public sidewalk, street, allev, or other public propertv. A sup�ortin� member of a si ng shall be located at least three feet from the property line of the property upon which it is situated. FWD/SIGN.ORD/OS/29/98 27 �Y°° ,..., b. Si�ns proiectin� more than 18 inches from the face of the building or sunportin� structure over private property used or intended to be used by the eg n�al public, shall have a minimum clearance of ei�ht feet above the pavement of finished rg ade• c. No si�n shall be attached to a building in such a manner that the si�n surface, or anv nart thereof, exceeds in height the lowest uniform roofline or para en t of such buildin�, whichever is higher• Section 6. Structural reauirements. a. Comvliance with building code. All signs and si�n structures shall com�ly with the nertinent requirements of the building codes of the cit� b. Transmission lirces. minimum spacinQ. All signs and sign structures shall have a minimum clearance of eight feet verticallv and eight feet horizontallv from any transmission line carrying 750 volts or re�ter. c. WirinQ. Anv wirin� to an ener ized sign shall be installed under round excent where impractical or infeasible, as determined by the Buildin� Official and in such instances shall be at least 14 feet above ground level. Section 7. Fire/5afetv Hazards. a. It shall be unlawful for anv person to erect, structurallv alter relocate lease, rent, or own an si�n in such a manner as to obstruct or in all probability cause to obstruct: � In�ress or e r� � Lightin�or ventilation. � Firefighting_ � Escape from a building_ � Free nassa�e from one part of a roof to an oy ther part thereof. b. It shall be unlawful for an�person to attach anv sign to an exterior stairwav, fire escape, fire tower, or balcony servin� as a horizontal exit c. It shall be unlawful for an�person to erect structurallv alter relocate lease, rent, or own a sign in such a manner that all or anv vortion of such si�n or its s_upportin� structure will interfere in any way with the free use of anv fire escape exit or standnipe, or obstruct an�quired ventilator door or stairwa� FW D/SIGN.ORD/OS/29/98 2 g � � d. Anv cloth si�n or banner that is attached to a building shall be flame,proof. e. The fire marshal of the city, or his dulv qualified representative shall be the sole jud�e of a violation under this section. Section 8. Traffic hazards. a. It shall be unlawful for an�person to erect, structurallv alter relocate lease, rent, or own anv si�n 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 si n si na� 1 or device. Nor shall such sign make use of anv word nhrase svmbol or character in such a manner as to interfere with, mislead or confuse vehicular or pedestrian traffic b. The chief of police of the citv, or his dul�qualified representative shall be the sole jud�e of a violation under this section. Section 9. Prohibited signs. Signs of the followin� nature are expressl�nrohibited unless specificallX authorized by this ordinance: a. Billboards. b. Si�ns which contain statements, words, or pictures of an obscene indecent, or immoral character as will offend public morals or decency,, c. Si�ns which advertise an activitv, business establishment or service no lon�er conducted on the premises upon which the si�n is located. d. Si�ns which move or contain visible movin� ap rts• e. Si�ns which contain or have attached thereto banners posters pennants ribbons, streamers, strin s� of li�ht bulbs, spinners, flash tags or other similar devices f. Si�ns attached to exposed amenities such as benches or trash containers g_ Any stereonticon or motion picture machine used in conjunction with or attached to any sign in such a manner as to permit the ima es pro�ected therefrom to be visible from an�public street or sidewalk. h. Snipe signs• FW D/SIGN.ORD/OS/29/98 2,9 � i. Si�ns placed on the side or rear of anv buildin or pro�ertv when such sign faces upon a contiguous residential area. � Si�ns placed on rip vate propertv without the consent of the owner of the �ropert� Section 10. Signs on public propert� a. SiQns on public propertv. It shall be unlawful to place a si�n in or upon an�public propertv, includin� but not limited to a public street sidewalk right-of-wav easement, curb, grounds, bridge or buildin�, unless express consent therefor shall have been first eranted bv the city council. This subsection 10.a. shall not an�ly to a up blic emplovee in the reg,ular course and scone of his or her emplo,�ment. b. Imvoundment. An��n in violation of subsection a. of this section may be removed without notice to the owner thereof. The code enforcement officer emplovees of the police department, the department of public works and community development are hereby authorized to remove anv such signs and transport or cause the same to be transported to a location to be desi nated bv the code enforcement officer Snine si�ns mav be discarded immediately. The custodian of the stora�e area shall maintain records of where such signs were located when thev were so removed and the date on which they were so removed and, excent for snipe signs shall hold the same in the stora�e area for a period of not less than 30 da� Anv si�n so held mav be redeemed bv the owner thereof upon the payment of a fee to the Citv of Friendswood consisting of a total of$50.00 for haulin� the same to stora�e plus $10.00 per da s�ge fee for each da t� he sign is stored Such fee shall be in addition to and not in lieu of any fine im osn ed upon such owner for violation of this subsection. Anv si�n impounded and stored and not redeemed bv the owner thereof within 30 davs mav be disposed of or sold at public auction in the same manner as surplus propertv of the cit� c. Exce,ptions. � Public athletic facilities. Public athletic facilities mav have si�ns attached to fences surroundin� such facilitv to ive public information or team sponsor advertisin�. Except for scoreboards, such signs shall not project above the fence line and shall face the athletic facilitv. � Public and rip vate parks. Public and riU vate parks may have si�ns to �ive information and/or regulations concernin�Lpark use FW D/SIGN.ORD/OS/29/98 3� -�- .��.. Section 11. Painted signs. Painted si�ns shall be on permanentiv weatherproofed materials and all sign surfaces shall be painted or treated with weatherproofed materials Section 12. Energized signs. It shall be unlawful far any�erson to erect, structurallv alter relocate lease rent, or o��n within the city anv of the followin� a. An ener�ized si�n that is rotating, animated or contains any moving parts; provided however public service displavs shall not be prohibited b�this paragraph. b. Anv ener�ized sign containing flashin�ghts including ener iz�ed si� with li�hts flashin ig n sequence to simulate movement• provided however public service displavs shall not be prohibited bv this para�raph. c. Wirin� shall be under�round to independentiv wired si� Section 13. Illumination of signs. a. It shall be unlawful for anv person to erect, structurally alter relocate lease, rent, or own anv sipn which creates �lare (as that term mav otherwise be defined in the zoning ordinance of the City of Friendswood) u on a public street alleys drivewa�parking area, sidewalk, or adjacent property. b. Nonener ized si ns may be illuminated from an independent artificial source nrovided such illumination is concentrated upon the area of the sis gn onlX and does not cause �lare (as that term mav otherwise be defined in the zoning ordinance of the Citv of Friendswood) upon any public street alley drivewav parkin� area sidewalk, or adjacent propert� Section 14. Portable signs. a. One portable sign, not exceeding 32 square feet in sign area may be displaved bv a new business enterprise to �ive notice of its rand openin for a period not to exceed 14 consecutive davs. b. One nortable sign, not exceedin 3�2 square feet in sign area may be disulaved on nonresidential nroperty, in addition to that allowed for rg and openin s for 21 davs durin� anv calendar vear; provided however use of any such portable sign shall be in increments of not less than seven consecutive davs. FWD/SIGN.ORD/OS/29/98 31 � � . � • ' . ' Section 15. Temporary signs generall�. a. In lieu of usine a portable sign to advertise a rg a�pening as authorized bv section 14.a. above, one temporar��n not exceedin�quare feet in si n area ma by e displa�by a new business to �ive notice of its rg a�penin for a�period not to exceed 14 consecutive days. b. In lieu of usin�a portable sign as authorized bv section 14.b. above one temporary sign not exceeding 32 square feet in si�n area may be displayed on nonresidential nroperty for 21 days durin�each calendar year• provided however use of such temporary si�n shall be in increments of not less than seven consecutive davs c. Banner si n� may be used provided they are affixed to a wall of the buildin�. d. Contractors mav place a si�n on propertv where actual construction �landscapin�, roofin�, pool, etc.) is takin�place. Such si n may be placed on such propertv for the duration of construction �lus ten days shall not exceed six square feet in si�n area� and shall not exceed five feet in height above the natural �round level No permit is required for such si� Section 16. Temporarv real estate subdivision signs. a. Subdivision entrance signs. � One temporary real estate subdivision si�n mav be located at the main entrance of anv new residential subdivision or other residential development not to exceed 50 square feet in sign area. Provided further one additional temnorarv real estate subdivision or development sign not exceeding 32 square feet in si�n area may be erected at one secondary entrance to such subdivision or development• � Such temporary real estate subdivision si�ns 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. Sin�-familv units. � Allowed signs. One temporary sign not exceedin six square feet in si�n area shall be allowed for each sin�le-familv dwelling unit in order to �ive information concernin leasin�, rentin� or selling of such single-family unit or lot on the propertx upon which such sign is erected. FW D/SIGN.ORD/OS/29/98 32 � Location. Such temporarv sign may be located anywhere on the premises except as restricted bv the zoning ordinance, provided that such si�n may not project bevond the property line and shall not be more than five feet over the natural �round level. � Removal. Sin�le-family residence signs shall be removed within ten davs of the unit or lot being leased, rented or sold. ,� Permits. No permits shall be required for erection of a sin l�e- family unit sign under subsection b.(1) of this section. � Model homes. The model home or model home nark for each separate home buildin 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 �round sign five feet or less from the natural ground level to the to� of the si�n not exceeding l�quare feet in sign area until the model home ar model home park is no longer used as a sales office or model home for that subdivision. c. Multi amil uy nits• � Allowed siQns. Two temporary signs, each not to exceed six square feet in sign area, shall be allowed for each complex in order to �ve information concernin 1�easing, rentin , s�ell�ing, or financing of the unit on the propert�pon which such si�n is erected. � HeiQht limits. The maximum hei h�t for �round signs shall be five feet. � Setbacks. Ground signs shall be located at least 20 feet from the street ed�e. d. Of�premises directional si,ens. A maximum of three off-premises directional si n� s mav be erected ivin� directions to new subdivisions and other new residential developments. Such si�ns must com�ly with the following_ � Such signs do not exceed six square feet in sign area and are constructed with a maximum height above �round level of five feet• � Such signs are located on private property with the written permission of the propertv owner or agent submitted to the city priar to issuance of a permit; FWD/SIGN.ORD/OS/29/98 33 , , "''� , • , , �3,� Such siQns are removed within two vears after thev are erected or when 80 percent of the units within such developments have sold whichever last occurs; and � Such signs otherwise comply with the nrovisions of this Appendix. e. Vacant acrea,Qe. Temporary signs advertising vacant acreage are allowed in order to �ive information concerning s�g leasin� or renting of the propertv provided such si ng s com�ly with the followin� � Size. For vacant tracts of two acres or less, such si�n 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 si n area• � Number. One such sign may be allowed for each street fronta� and � HeiQht limits. The maximum height shall be eight feet above natural �round level. f. Temporar��signs for new integrated business developments sho�ping centers. o j"ice parks, and business arks. � One temporar�sign for each street fronta e�ma.y be located at the entrance of anv new inte�rated business development, sho�pin� center office park, or business nark in order to give information concernin Ig easin� renting construction, financing or sellin� of such propertv unon which such sign is erected. � The sign area for such temporar�ign shall not exceed 32 square feet. � Such temporarv si�n shall be removed 24 months from the date the permit is issued. � The maximum hei�ht shall be eight feet above natural round level. g_ Permits. Excent as otherwise provided, a permit shall be required for any temporarv si�n 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 temporarX si�ns shall be removed unless a new permit is obtained. FWD/SIGN.ORD/OS/29/98 34 Section 17. Temporarv direction signs. Temporar�portable signs that direct the public to a special event of civic interest, such as parades, organized holiday festivities, or other s�ecial events which are conducted by and benefit charitable or non-profit organizations are permitted provide that: a. Such si�ns do not exceed 32 square feet in area; b. Such signs are erected only for a time period not to exceed ten da,� before and two davs after the event. Each application for a permit under this section shall contain an affidavit executed bv an officer of the applicant charitable or non-profit or�anization certifving that the event is bein� conducted bv 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 a�, licant. Section 18. Temporar�political signs. a. Temporary political signs shall be allowed provided that: ,� No political si�n shall be erected prior to 45 days before the election date on which the office or pronosition is to be determined; � All such signs shall be removed within seven davs followin�the election date on which the office or proposition is finally determined in accordance with the Texas Election Code: � No such si�n shall exceed 16 square feet in sign area nor exceed six feet in hei�ht above natural ground level; � Such temporar�political si�n shall otherwise com�ly with all provisions of this Appendix. b. No permit shall be required for the erection of a temporar�political sign. Section 19. Garage sale signs. Temnorar�garage sale signs are allowed provided such si�ns do not exceed six square feet in sign area, are removed bv 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 ara�e sale si� FW D/SIGN.ORD/OS/29/98 35 , � r`�i . � � � � . . Section 20. Open house signs. Open house si�ns are allowed for each open house provided such si�ns do not exceed six sauare feet in si�n area are removed within 48 hours of nlacement and are not nlaced on private property without the nermission of the propertv owner. No permit is required for open house signs. Once an open house has been held on a prouertv, an open house sign mav not be placed for the same property sooner than five days from removal of the si�ns for the earlier open house. Section 21. Permanent signs in residential zones. a. Applicabilitv. This section shall a��ly to all residential zones as defined in the zonin� ordinance: Single-Family Residential Dwelling District. Multi-Fami1X Residential Dwellin� District - Low. Multi-Familv Residential Dwelling District - Medium, Multi-Familv Residential Dwelling District - Highest Mobile Home Residential Dwelling District. b. Multi-Familv Residential subdivisions. For each Multi-Familv Residential subdivision, a maximum of two wall or monument si�ns with a combined total si�n area not exceedin�50 sauare feet shall be allowed. Allowed si ng s may be anvwhere on the premises except as restricted bv the zoning ordinance and this Appendix. They mav not project beyond any property line and if �round mounted, the top shall not be more than five feet over natural ground level. c. Single-Familv Residential subdivisions. Each Sin�le-Familv Residential subdivision is allowed one monument entrance identification si�n at each entrance not to exceed 50 square feet. Provided however, two si�ns with a maximum of 32 square feet each ma�placed on o�posite sides of the entrance in lieu of a sin�le 50-square- foot si�n. The top of such si�ns shall be not more than six feet over natural round level. As part of one si�n a reader panel shall be allowed for the purpose of placing civic announcements by the homeowners' association. Section 22. Permanent signs in commercial districts. a. Commercial districts generallv. This subsection a. shall a�lv to all commercial districts as defined in the zoning ordinance except as otherwise provided in subsection b. below. � Wall signs. � One wall sign is allowed for each business establishment with an allowable total sign area of 11/z square feet for each linear foot of business frontage up to a maximum of 80 square feet. FWD/SIGN.ORD/OS/29/98 36 I� 4 � � I � Where two or more business establishments utilize a common buildin�they shall collectivel�� onlv be entitled to the square foota�e of wall si�n 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. � Each business establishment's wall si�n must be attached to that part of the building in which the business establishment is located. � Ground signs. One �round sign is allowed for each business establishment with an allowable total sign area of 50 square feet. The highest part of any such si�n or structure shall not be greater than 15 feet above the highest finished �rade at the front propert l�ne. � Maximum size. The maximum size of all allowed si�ns for a given business establishment shall not exceed 80 square feet. This subsection (3) shall not appl t� temporar ��or portable si� � 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 �round si�n and instead uses individual letters and/or svmbols attached to the buildin�. If such an option is exercised, the formula calculati�`�n area is two sauare feet for each linear foot of business frontage. A business establishment choosin� this option may have one sign for each major thorou�hfare frontage that will hold the sign. However, if such street fronta.ge is conti�uous to a residential area, the option shall not be available for a si.n�on the side of such building conti�uous to such residential area. b. Integrated business developments in Neighborhood Commercial District Original Business District. Office Park District. Business Park District and Communitv Shopping Center District. � Wall si�s. � O_ne wall sign is allowed for each business establishment with an allowable total sign area of 1'/a square feet for each linear foot of business frontage up to a maximum of 100 square feet. � Where two or more business establishments utilize a common building they shall collectivel�only be entitled to the square foota�e of wall si�n that would be authorized for one business establishment. It shall be the responsibilitv of the nermit holder to allocate such sign area to each business establishment. FWD/SIGN.ORD/OS/29/98 37 � Each business establishment's wall sign must be attached to that part of the buildin� in which the business establishment is located. � Option for ,Qreater sign area. A business establishment has the option of havin� a total wall sign area greater than 100 square feet if it chooses to use individual letters and/or svmbols attached to the building. If such an option is exercised, the formula for calculating_si�n area is two square feet for each linear foot of business fronta e.�A business establishment choosin t�ption may have one si�n for each major thorou�hfare fronta�e that will hold the si�n. 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. � Ground si� � One �round sign is allowed for each inte�rated business development. �b,� The total sign area of such sign shall not exceed 50 s uare feet plus ten square feet for each business establishment in the complex up to a maximum of 100 square feet. � The height, includin��part of the sign or sign structure, shall not exceed 20 feet above the highest finished �rade at the front property line. � It shall be the responsibilitv of the permit holder to allocate the sign area of the si n�g the tenants. � Option for directorv sign in Office Park and Business Park Districts. � One �round sign for the sole purpose of uniforml l�g 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 si n�s. � The total si�n area of such si�n shall not exceed 240 square inches per tenant. � Such si�ns shall not exceed five feet in height and shall be located within 20 feet of the buildin�. � Options for additional reader panel signage in Community Shopping Center Districts. and Original Business Districts. FW D/SIGN.ORD/OS/29/98 3 g � A maximum of 50 square feet of reader panel mav be included as an integral part of the ground sign with the total si n area including the reader panel not to exceed 150 square feet. �b� A shoppin� center zoned Communit� Shopping Center district or Original Business District consistin� of 40,000 square feet in buildin� size or greater will be allowed a second �round sign located on the second street to which there is access when such center is located at a major intersection. The second si�n shall be no lar�er than 100 square feet plus not more than 50 additional square feet of reader panel. Provided however, notwithstandin�y other provision contained herein to the contrary, if such shoppin� center elects to erect a reader panel on such second sign, in no event shall an�permits be issued for portable si�ns for nusiness establishments within such shoppin center. � The height of anv sig�permitted under this subsection 22.b.(4) shall not exceed 20 feet. c. Light industrv. Areas zoned Light Industrial District shall have the same re�ulations for wall and ground signs as provided in subsection a. above but additionall�y have one ground si�n for integrated developments of two or more separate business establishments. The allowable si�n area for such �round si n� 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 re�ulations for wall and ground si ng s as provided in subsection a. above. e. Fast food/drive-throu,Qh reader boards. Menu reader boards for fast food/drive-through restaurants shall not be considered as a ground si�n if such reader board is screened from adjacent buildings or structures. Landscaping around reader boards shall be required so as to screen to the degree reasonabl�possible such reader board from abuttin�properties. f. Use of reader panels for noncommercial purposes. Any business establishment utilizing a reader board or panel as a part of its signa�e shall be entitled to place messages upon such reader board or panel for noncommercial purposes• Section 23. Permanent signs in districts zoned for specific use. a. Applicabilitv. This section shall applv to areas zoned for specific use such as churches, institutional, fraternal, and other as provided in the zonin� ordinance of the citv. FWD/SIGN.ORD/OS/29/98 39 b. Size, number, and location. The regulations for wall and ground signs as established bv section 22.a. above shall also apply to areas zoned for specific use. Section 24. Signs on vehicles. a. No type of vehicle includin�, but not limited to, cars, trucks, motor- driven cvcies, or vehicles built of miscellaneous parts of other vehicles, such as sand or dune buggies, and no tvpe of trailer, boat, or other similar type of propertv shall be placed on private �roperty 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 propert�advertised for sale or lease resides or conducts business or is on the premises of a business establishment en�a�ed in the rental, sale, or lease of such propert� b. A motor vehicle not used on a regular basis for the transportation of persons or property shall not be parked or stored with one or more si ng s displa�d thereon or otherwise used as a substitute si�n structure. Section 25. Obsolete si�ns. Signs which have been abandoned due to closing of a business establishment, change in business establishment name, or for any other reason rendering the si�n nonapplicable to the property involved, shall be removed or rendered blank bv the permit holder or other owner of the buildin or premises within 30 davs from the date of the action that caused the sign to be considered abandoned. A condition of approval for all si�permits shall be that the permit holder or owner of the buildin�or�remises, at his own expense, remove or render blank all abandoned signs. New si�ns for a buildin�property on which an abandoned sign is located shall not be a�nroved until the abandoned si�n is removed. Section 26. Lawfullv existing nonconforming signs. a. Signs in existence on Januarv 22, 1979, for which nermits were obtained in accordance with Citv of Friendswood Ordinance No. 323, shall be considered and deemed as lawfully existin� nonconformin� signs and may be continued as such. Notwithstanding the fore o��in ,g the person or entitv holding the permit for an� lawfully existing nonconforming si�n shall be required to obtain a permit for such sign and otherwise comply with all requirements of this Appendix relating to nonconforming si�ns and s�n structures. b. Lawfully existing nonconformin�gns shall be kept in og od repair and visual appearance and no structural alterations shall be made thereto. Notwithstanding sections 2.b.(4) and 4. above, in the event that more than 50 percent of the area of a lawfullv existin� nonconformin�, si�n is dama�ed, the sign shall be removed, made to conform or replaced with a conformin sg i� FW D/SIGN.ORD/OS/29/98 40 c. Lawfull� existin� nonconformin��ns advertisin� a business establishment which has been vacated 90 da� shall be removea �~ ���'� *� �����-� Section 27. Exceptions and exemptions. The followin� described si�ns are exempt from the provisions of this Apnendix 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 buildin�, and not exceedin.g two square feet in area. b. Identification nameplates or si�ns on apartment houses, boarding or rooming houses or similar uses not exceedin� two sauare feet in area. c. One nameplate denotin� onlv the name of the occupants of a dwellin�, and not e�ceedin� two square feet in area nor located closer than two feet to the property line. d. Memorial and/or historical signs as desi nag ted by federal, state, or local governments. e. Traffic or other municipal si ng s, legal notices, or dan e� ng s bv federal, state, or local governments. f. Warning si�ns or trespassin� n� s on private property, not exceedin� two square feet in area. g_ Si n�required bv an�law or regulation of the federal, state or local governments. h. Onsite directional si�ns for public and �rivate developments denoting the entrance exit and direction of traffic flow and not exceedin� two square feet in area; provided such sign is not�prohibited or further regulated bv any other ordinance of the citv• i. Street banners erected bv the city advertisin� a bona fide public event such as le�al holida�nonpolitical election instructions, and similar occasions. � Civic and church signs: The citv council mav erect, or approve and permit to be erected entrance si�ns at or near the city limits for the benefit of visitors, on which mav be listed institutional names, churches, and points of interest. Civic organizations and churches ma�permitted to place their insignias thereon. In addition each church or institution may erect a maximum of four directional si�ns as long as each does not exceed four square feet. FWD/SIGN.ORD/OSl29/98 41 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 nrimarv use of such motor vehicle is the transportation of persons or propertv. 1. Fla�s of the United States the State of Texas, or anv other nolitical subdivision• or a� flag of a religious fraternal, or charitable or�anization. m. Companv flaa�s displayin�v a companv lo o�provided such fla� is affixed to a flagpole and the len�th of fla� does not exceed one-quarter of the hei�ht of the flagpole. n. Decorations for stores storefronts, and vards from November 20 through January 10 of each year commemoratin� the holidav season and from June 27 throu�h Julv 7 of each year commemorating Independence Dav. o. Sculptures statues or works of art• �rovided, however, that such obiect or structure is not identifiable in anv way by use of a trademark or logo, advertisin� campai�n link, or other business activitv. Section 28. Variances. A variance mav be authorized bv the Zonin� Board of Adjustment under this Appendix onlv for hei ng t of si�n and setback of si�ns and si�n structures. Further, it is the �urpose and intent of the city council that no variance be �ranted under the terms of this A�pendix unless undue hardship will result therefrom. Undue hardship shall mean that strict application of the requirements hereof relatin t�o hei�ht and setback of si�ns and si�n structures shall de�rive the applicant of reasonable use of his propertv. Section 2. 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. Each day of violation shall constitute a separate offense. Section 3. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, FWD/SIGN.ORD/10/02/98 42 Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 14� day of September , 1998. PASSED, APPROVED, and ADOPTED on second and final reading this 28� day of September , 1998. Harold L. Whitaker Mayor ATTEST: f Deloris McKenzie, T C City Secretary Motion: Co�ncilmember Tom n�anison 2nd: Councilmem�er PZel Measeles Approved: Unanamiouslv FWD/SIGN.ORDl10/02/98 43