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 .
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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 .
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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
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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.
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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.
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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.
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(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.
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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.
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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.
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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 .
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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)
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(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.
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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.
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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.
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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 .
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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 .
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ATTEST: Mayor �
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City Secretar /
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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 .
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