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HomeMy WebLinkAboutOrdinance No. 323 ORDINANCE N0 . ��� AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS ORDINANCE N0. 291 , PASSED AND APPROVED ON NOVEMBER 7 , 1977 , AND KNOWN AS THE ZONING ORDINANCE , BY ADDING TO SECTION 8 THEREOF A NEW SUBSECTION 6 , PROVIDING RULES AND REGULATIONS CONCERNING THE ERECTION , MAINTENANCE , AND USE OF SIGNS WITHIN THE CITY; PROVIDING DEFINI- TIONS ; ESTABLISHING PROCEDURES FOR OBTAINING PERMITS FOR THE ERECTION AND USE OF SIGNS ; SETTING FORTH STANDARDS FOR COMPLIANCE ; ESTABLISHING RESPONSIBILITY AND PROCEDURES FOR ENCORCEMENT ; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROV�DING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , STATE OF TEXAS : Section l. City of Friendswood, Texas , Ordinance No. 291 , passed and approved on November 7 , 1977 , and known as the "Zoning Ordinance" is hereby amended by adding to Section 8 thereof a new Subsection 6 to read as follows : 6 . Signs a. DEFINITIONS - For the purposes of this Subsection the following definitions shall apply : l. 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 window or door , so as to be seen from the outside of the building , or structure , and which displays or includes any numeral , letter, work , 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 , �rofes- sion , enterprise , industry , activity, or any combina- tion thereof. Where the word "Sign" is used herein without further modification , the sarne shall be understood to embra.ce all regulated signs and replicas . 2 . Billboard - Any sign which directs attention to a business , commodity , service or entertainment 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. 3 . Double Faced Sign - A single sign with two parallel sign faces back to back. 4. Multi-Faced Sign - A single sign with two or more f�ces which are not parallel nor ba.ck to back. 5 . Irregular Signs - Separately mounted signs on one supporting structure . -� -� > 6 . 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 . 7 . Shopping Center ldentification Sign - A free standing sign structure containing the name identifying and integrated business development which may also include identification signs on which the names and nature of businesses within the development are uniformly displayed. 8 . Free Standing 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. 9 . Non-advertising Sign - Any sign posted on private property containing thereon a regulatory or warning notice and upon which no advertising matter is displayed. 10 . Reader Panel - A permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures . 11. Temporary Sign - Any sign constructed or painted on cloth, canvas , light fabric , cardboard, wallboard, or other material with short life expectancies , or any other sign designated for temporary use . 12 . Portable Sign - Any movable sign not secured or attached to an approved structure , support or anchor. 13. Projecting Sign - Any sign which is affixed or attached to , and ls supported solely by a building , wall or like structure , which extends beyond the building , wall, or like structure , or parts thereof , more than eighteen (18 ) inches and whose angle of incidence to said building wall, structure, or parts thereof , is g.reater than thirty (30 ) degrees . 14 . 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. 15 . Wa11 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 eighteen (18) inches from the face of such building or structure , parallel to the building structure , and having the advertisement on one face only. 16 . Monument^Sign - Any sign five ( 5 ) feet or less from the natural ground level to the top of the sign. 17 . Energized Sign - A sign energized from artificial source for the purpose of self illumination or sustaining motion. 18 . Public Service Sign - A sign which provides a service or message to the public , such as time , temperature , and charity appeals . -2- 19 . Sign Facing or Surface - The surface of any sign upon, against or through which the message is displayed or illustrated; provided however, for sign 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 symbols . 20 . 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. 21. Business Frontage - The linear measurement of the side of the building which contains the primary entrance of the building. 22 . Shopping Center or Integrated Development - A develop- ment consisting of two 2 or more ln-` terrelated business establishments using common driveways and on-site parking facilities . 23 . Roofline - The height above finished grade of the upper beam, rafter, ridge or purlin of any building. 24 . Glare - Emitted light which exceeds sixty ( 60 ) foot candles . b. 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 Section. l. Erection 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 erection permit . Caa) Application � All applications for erection permlts;shall be accompanied by a plan or plans drawn to scale which shall include the following : (i) The dimensions of the sign and, where appli- cable , the dimensions of the wall surface of the building to which it is to be attached. (ii) The dimensions of the sign' s supporting members . (iii) The maximum and minimum height o� the sign. (iv) 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. (v) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. (vi) The location of all electrical transmission lines within thirty (30 ) feet of any part of such proposed sign structure . (bb) Issuance - Upon the filing of an application for an erection permit , the plans , specifications and -3- other data shall be examined by the Building Inspector. If it appears that such proposed sign is in compliance with the requirements of this Ordinance and other laws of the City, the Building Inspector shall issue the applicant an erection permit . 2 . Sign Use Permits (aa) Application - At the time an application is made for an erection permit , an application shall also be made for a Sign Use Permit . (bb) Issuance - 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 erection permit was granted. If such sign was constructed in conformity with the specifications approved at the time the erection permit was granted , then the Building Inspector shall issue a Sign Use Permit . (cc) Pre-Existing Signs - Every person, firm, group , organization, corporation , association, or other entity which has a sign on the effective date of this Ordinance shall obtain a Sign Use Permit. Application for such Sign Use Permit for a pre-existing sign shall be filed with the Building Inspector within one hundred and twenty (120 ) days from the effective date of this Ordinance. The Building Inspector shall determine if the pre-existing sign meets the requirements of this Ordinance. (i) Conforming Use - If such pre-existing sign meets the requirements of this Ordinance , the Building Inspector shall issue to the applicant a Sign Use Permit . (ii) Non-Conforming Use - If such pre-existing sign does not meet the requirements of this Or•dinance, the Building Inspector shall issue to the applicant a permit entitled "Sign Use Permit - Non-Conforming Use. " Such sign shall then be subject to the requirements of Section y. NON-CONFORMING SIGNS . 3 . Exceptions - A permit shall not be required for the following: (aa) The changing of the advertising copy or message of a painted sign. (bb) The changing of the advertising message or copy of an electric sign, if such electric sign is specifically designed for the use of replace- able copy. (cc) The electrical , repainting, or cleaning mainten- ance of a sign. (dd) The repair of a sign. -4- (a) 4 . Stop Orders - The issuance of an Erection Permit or a Sign Use Permit 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. c. MEASUREMENT OF SIGNS l. Wall Signs (fixed to building) - The sign facing or surface area of a wall sign shall be computed as including the entire area 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. 2 . Ground Signs (freestanding) - The sign facing or. surface area shall be computed as including the entire area within a regular geometric form com- prising all of the display area of the sign and including all of the elements of the matter dis- played including the frame. -4- (b) Supporting structural members not bearing advertising matter , identifying color, symbols , wording or pictures shall not be included in computation of surface area. (aa) 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 . (bb) Multifaced Signs - In calculating the area of multifaced signs , all faces of a multifaced sign shall be included. d. 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 Building Inspector shall inspect all signs and sign structures on an annual basis and shall require corrections of any sign deemed in violation of this Section. e. PROJECTION OF SIGNS l. No sign or any po�tion 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 ( 3) feet from the property line of the property upon which it is situated. 2 . Signs projecting more than eighteen (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 ( 8 ) feet above the pavement or finished grade . 3 . 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. f. STRUCTURAL REQUIREMENTS l. Compliance with Building Code - All signs and sign structures shall comply with the pertinent require- ments fo the building code of the City. 2 . Transmission Lines - Minimum Spacing - All signs and sign structures shall have a minlmum clearance of eight (8 ) feet vertically and eight ( 8 ) feet horizon- tally from any transmission line carrying seven hundred fifty (750 ) volts or greater. g. FIRE HAZARDS l. It shall be unlawful for any person to erect , structural- ly alter, or relocate any sign in such a manner as to obstruct or in all probability cause to obstruct : (aa) Ingress or Egress . (bb) Lighting or Ventilation. (cc) Firefighting. -5- (dd) Escape from a building. (ee) Free passage from one part of a rood to any other part thereof. 2 . 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 . 3 . 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. 4. Any cloth sign or banner that is attached to a building shall be flameproofed. 5 . The Fire Marshall of the City , or his duly qualified representative , shall be the sole judge of a violation under this Section. h. TRAFFIC HAZARDS l. It shall be unlawful for any person to erect , structur- ally alter, or r:�locate any sign in such a manner as to constitute a hazard to pedestrain 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. 2 . The Chief of Police of the City, or his duly qualified representative, shall be the sole judge of a violation under this Section. i. PROHIBITED SIGNS - Signs of the following nature are expressly prohibited unless specifically authorized by this Ordinance . l. Signs which do not pertain to a commercial use on site. 2 . Signs which contain statements , words , or pictures of an obscene , indecent , or immoral character as will offend public morals or decency. 3 . Signs which advertise an activity , business , or service no longer conducted on the premises upon which the sign is located . 4 . Signs which move or contain visible moving parts . 5 . Signs which contain or have attached thereto banners , posters , pennants , ribbons , streamers , strings of light bulbs , spinners , or other similar devices . 6 . Signs attached to or located upon exposed amenities such as benches , trash containers , or fences . 7 . Any steropticon 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. -6- 8 . Snipe signs . 9 . Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential area. j . SIGNS ON PUBLIC PROPERTY l. It shall be unlawful for any person to erect , maintain or cause to be erected or maintained any sign of any type upon any public property , including but not limited to public buildings , streets , bridges , side- walks , easements , or rights of way within the City ; provided however, this Section shall not apply to a public employee in the regular course and scope of his employment. 2 . Exception (aa) Public Athletic Facilities - Public athletic facilities in areas zoned C-4 may have signs attached to fences surrounding such facility to give public information or team sponsor adver- tising. Except for scoreboards , such signs shall not project above the fence line and shall face the athletic facility. k. PAINTED SIGNS - Painted signs shall be on permanently weatherproofed materials and all sign surfaces shall be painted or treated with weatherproofed materials . l. ENERGIZED SIGNS l. It shall be unlawful for any person to erect , alter, or relocate within the City any of the following : (aa) An energized sign that is rotating , animated or contains any moving parts ; provided however, public service displays shall not be prohibited by this Section. (bb) An 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 Section. (cc) Any overhead wiring permitted must be at least fourteen (14) feet above ground level. m. ILLUMINATION OF SIGNS l. It shall be unlawful for any person to erect , structur- ally alter, relocate or maintain any sign which creates glare upon a public street , sidewalk, or adjacent residential property. 2 . Non energized signs may be illuminated from an independ- ent 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. n. PORTABLE SIGNS l. It shall be unlawful for any person to erect , structur- ally alter , or relocate within the City any portable sign. -7- 2 . Exception (aa) A portable sign may be used by a new business for its grand opening for a period not to exceed two weeks . Such portable sign must be located within one thousand (1 ,000 ) feet from the site of the business . (bb) Portable signs may , in addition to a grand opening , be displayed for a period not to exceed three �eeks in any one calendar year. (cc) A permit shall be obtained prior to installation of a portable sign. o. TEMPORARY SIGNS l. Temporary signs are permitted provided that said temporary signs shall not be displayed for more than three ( 3) weeks in any one calendar year. 2 . Pennants , banners , spinners , and other similar tempor- ary devices or signs shall be prohibited. 3 . A permit for any temporary sign shall be obtained from the Building Inspector prior to installation of any such sign. 4. Nothing contained herein shall be construed to prohibit the display of the flag of the United States , State of Texas , or any other political subdivision , or any flag or banner of a bonafied religious or fraternal organization. p. TEMPORARY REAL ESTATE SUBDIVISION SIGNS l. Main entrances (aa) A maximum of two ( 2 ) temporary real estate sub- division signs may be located at the main entrances of any new residential subdivision. (bb) The sign facing for each such temporary real estate subdivision sign shall not exceed fifty (50 ) square feet in area. (cc) Such temporary real estate subdivision sign shall be removed twenty-four (24) months from the date the use permit is issued, or when the subdivision is completely sold out , whichever first occurs . 2 . Single family units (aa) One temporary sign not exceeding six (6 ) square feet shall be permitted for each single family dwelling unit in order to give information con- cerning leasing , renting or selling of such single family unit on the property upon which such sign is erected . No permit shall be required for erection of a temporary sign under this subsection. (bb) 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 ( 5 ) feet over the natural ground level. -8- q. TEMPORARY SIGNS FOR DEVELOPMENTS OTHER THAN SUBDIVISIONS l. Temporary signs for developments under construction and in areas zoned R-4 , R-5 , C-1 , C-2 , C-3 , C-4 , A-1 , M-1 , and Multiple Family Developments in R-2 and R-3 , may be permitted , in addition to permanent signs allowed by this Ordinance for the district in which the building or complex is located, in order to give information concerning leasing , renting, selling, financing, and/or contracting. A use permit for such temporary sign shall be obtained. Use permits under this Section shall be granted for a period not to exceed six (6 ) months , and at the expiration of six (6 ) months all such signs shall be removed unless a new permit is acquired. 2 . Temporary signs under this Section shall be limited by the following: (aa) Large signs shall be defined in this subsection as signs larger than twelve (12 ) square feet and not exceeding thirty-two ( 32 ) square feet in sign area. One such sign may be allowed for each street frontage. Cbb) Small signs shall be defined in this subsection as signs larger than six (6 ) square feet and not exceeding twelve (12 ) square feet in sign area. In addition to large signs , one small sign may be allowed per building. (cc) Height limits - For free standing signs , the maximum height limit shall be fifteen (15 ) feet. Any sign attached to a building shall not be higher than the roof line. (dd) Set back - Free standing signs shall be located at least twenty (20 ) feet from the street edge. r. TEMPORARY DIRECTION SIGNS - Temporary 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 provided that : l. Such signs do not exceed sixteen (16 ) square feet in area. 2 . Signs are erected only for a time period not to exceed ten (10 ) days before and two (2 ) days after the event . 3. Such signs are located on pricate property with the permission of the property owner. In no case shall the sign be located on a public right of way. s . TEMPORARY POLITICAL SIGNS - Temporary political signs are permitted provided that : l. No political sign shall be posted more than thirty ( 30) days preceding the date of the election to which the sign pertains . 2 . All such signs shall be removed within seven (7 ) days following the date of the election to which the sign pertaine . -9- 3 . No such sign shall be more than twenty (20 ) square feet in sign area. 4 . No permit shall be required for the erection of a temporary political sign. 5 . Such temporary political sign shall otherwise comply with all provisions of this Ordinance. t . PERMANENT SIGNS PERMITTED AND REGULATED IN RESIDENTIAL ZONES l. This Section shall apply to all residential zones as given in the Zoning Ordinance : R-1, R-2 , R-3 , R-4 , R-5 , R-6 . 2 . Size and Number - One sign not exceeding two and one half (2-1 2 ) square feet in sign area shall be per- mitted per dwelling unit . For multiple dwelling units in R-4 , R-5 , and R-6 , one additional sign totaling not more than thirty two ( 32 ) square feet in sign area shall be permitted. 3 . Location - 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 ( 5) feet over natural ground level . If building mounted , such sign shall be flush mounted and shall not project above the roof line . 4 . Reader Panels are prohibited in residential areas . 5 . Subdivisions ar•e allowed one (1) permanent identifi- cation sign at each entrance. The total sign surface area at each entrance shall not exceed fifty (50 ) square feet. 6 . Permits - Signs allowed by this subsection which do not exceed two and one half ( 2-1/2) square feet to not require a permit for erection. u. PERMANENT SIGNS PERMITTED AND REGULATED IN COMMERCIAL ZONES l. This Section shall apply to commercial zones as given in the Zoning Ordinance : C-1 , C-2 , C-3 , C-4 , A-1 , and M-l. 2 . Wall Signs (aa) Size and number - One wall sign is permitted for each business with an allowable total sign area of one and one half (l-1/2) square feet for each linear foot of building frontage , not to exceed eighty (80) square feet in sign area including the frame . The maximum sign area of all permitted signs for a given establishment shall not exceed eighty (80) square feet. This shall apply to any combination of wall and ground signs . (bb) Location - A wall sign shall not project above the roof line. The sign must be located on the site where the goods or services are offered. 3 . Ground Signs (freestanding) -10- (aa) Size and number - One ground sign is permitted for each business with an allowable total sign area of fifty ( 50 ) square feet including the frame. The combined sign area including the wall sign and the ground sign shall not exceed eighty (80 ) square feet for any one business . A reader panel shall be treated as a graund sign. (bb) 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 fifteen (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. 4 . Integrated Business Developments (Shopping Centers ) (aa) Wall Signs - Regulations for wall signs shall be the same as provided in Paragraph 2 of this subsection. (bb) Ground Signs - Only one freestanding community sign shall be permitted for integrated develop- ments of two or more separate businesses . (i) Sign Area - The total sign area of such free- standing community sign shall not exceed fifty (50) square feet plus five (5 ) square feet for each business in the center up to a maximum size of one hundred (100 ) square feet. (ii) Height - A community sign under this Section shall not exceed twenty (20 ) feet in height . 5 . Light Industry - Areas zoned for light industry , (M-1) 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 (2 ) or more separate businesses . The allowable sign area for such freestanding community sign shall not exceed fifty ( 50 ) square feet plus five (5) square feet for each additional business up to a maximum of one hundred (100) square feet . 6 . Agricultural - Areas zoned for agricultural , (A-1) shall have the same regulations as other commercial areas excluding areas zoned for light industry (M-1) . 7 . Option for Greater Sign Area - A business has the option of having a greater total sign area than eighty (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 (2 ) square feet for each lineal foot of building frontage . A business 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 resi- dential area. -11- v. PERMANENT SIGNS PERMITTED AND REGULATED IN DISTRICTS ZONED FOR SPECIFIC USE. l. This Section shall apply to areas zoned for specific use such as churches , institutional , fraternal and others as provided in the Zoning Ordinance of the City. 2 . Size , Number and Location - The regulations for wall and ground signs as established by Subsection u. for commercially zoned areas shall also apply to areas zoned for specific use. 3 . Option for Greater Sign Area - The option for greater sign area as provided in Subsection u. above shall also apply to areas zoned for specific use . w. SIGNS ON VEHICLES AND SIMILAR TYPES OF PROPERTY FOR SALE OR LEASE. l. 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 advertis- ing 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 rent , sale or lease of such property. x. 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 non�applicable to the property involved, shall be removed or rendered blank by the permit holder or the owner of the building or premises within sixty (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. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected. y. NON-CONFORMING SIGNS l. Signs which do not conform to this Ordinance but which lawfully existed and were maintained on the effective date of this Ordinance shall , within eight (8 ) years after the effective date of this Ordinance , be removed or made to conform; provided however, temporary and portable signs shall be removed or made to conform within one hundred eighty (180 ) days after the effective date of this Or•dinance. 2 . During the interim period , such 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 fifty ( 50 ) percent of a non-conforming sign is damaged , the sign shall be replaced with a conforming sign rather than repairing the damage. -12- 3 . Non-conforming signs advertising a business which has been vacated sixty (60) days shall be removed or made to conform. 4. Variance - A relaxation of the terms of Subsection 6 of Section 8 of this Ordinance may be permitted where such variance will not be contrary to the public interest and where, because of conditions peculiar to the property and as the result of the actions of the applicant , a literal enforcement of Subsection 6 of Section 8 of this Ordinance would result in unnecessary and undue hardship. A variance is authorized under this Subsection only for height , sign area, and length of time allowed to remove or make to conform a non-conforming sign. 5 . Board of Adjustment - Any variance obtained under Subparagraph (4) above shall be granted by the Board of Adjustment under the procedures provided for in Section 11 of this Ordinance. z. EXCEPTIONS AND EXEMPTIONS - The provisions and regulations of this Ordinance shall not apply to certain classes of signs which are designated in the following subparagraphs ; provided however, such signs shall be subject to the provisions of Subsections f, g , h , k, l , m and o. 1. 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 . 2 . Professional nameplates and occupational signs denoting only the name and occupation of an occupant in a commercial building , public institutional building , and not exceeding two square feet in area. 3 . Identification nameplates or signs on apartment houses , boarding or rooming houses or similar uses , not exceeding two square feet in area. 4 . One name plate 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. 5 . Memorial and/or historical signs as designated by federal , state or local governments . 6 . Traffic or other municipal signs , legal notices , or danger signs by federal, state or local governments . 7 . Non-advertising warning signs or trespassing signs on private property , not exceeding two square feet in area. 8 . Non-advertising signs of public utility companies as may be r•equired in their operations in providing services for the health and welfare of the general public , or as required by any law or regulations of the state or any agency thereof. 9 . On-site 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 other sections of this Ordinance or any other ordinance of the City. -13- 10 . Private parks may erect one sign up to sixteen (16 ) square feet in area to give information and/or regulations . 11. Street banners erected by the City advertising a bona fide public event such as legal holidays , non- political election instructions , and similar occasions . 12 . 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 (4) directional signs as long as each does not exceed four (4) square feet. 13 . On-site non-advertising signs - Signs located on a commercial site which are primarily directional in nature , i. e. traffic flow, entrance , exit , parking. 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 . Section 2 . PENALTY CLAUSE Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and , upon conviction, shall be fined not less than ten dollars ( $10 . 00 ) and not more than two hundred dollars ($200 . 00 ) . Each day of violation shall constitute a separate offense. Section 3 . REPEALING CLAUSE All ordinances and parts of ordinances inconsistent or in conflict herewith are , to the extent of such inconsistency or conflict , hereby repealed. Section 4. SEVERABILITY In the event any section, paragraph , subdivision , clause , phrase , provision, sentence , or parts 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 any court of competent jurisdiction, it shall not affect , impair, nor invalidate this ordinance as a whole or any part or provision hereof other than the part so declared to be invalid or unconsti- tutional ; and the City Council of the City of Friendswood , Texas , declares that it would have passed each and every part the same notwithstanding the omission of any such part so declared to be invalid or unconstitutional, or whether there be one or more parts . PASSED AND APPROVED on first reading this the �.� day of /2cru.e�..��.�' , 19 7 8 . -14- PASSED AND APPROVED on second reading this the ,�� day o f-G�����' 19 7 8 . PASSED, APPROVED AND ADOPTED on third and final reading � � this the -��, day of ��e�Q���,i:��-� , 19 7 8 . - '".,1 % ,- (� / , , :'�L'�'--Zif.r-r' ATTEST: Mayor � r / ; / ./,// f -� /A/, � .l . '.0 f�'�i 4,(.,..�K-� / ..�{ '�..�.�_-,.i� City Secretar / �.- APPROVED AS TO FORM: City Attorney SECRETARY' S NOTE: Because of an irregularity in posting, the City Attorney has recommended that this ordinance be finalized by third reading and again for first reading at the same meeting to offset any legal implications which might arise. As a result , the following readings were also taken of the ordinance : lst reading - December 4th, 1978 2nd reading - January 8 , 1979 3rd reading - January 22 , 1979 Caption published following las.t and first readings of Dec. 4 , 1978 . -15-