STATE
OF
CITY
OF
AN ORDINANCE REGULATING SIGNS AND BILLBOARDS;
DEFINING SIGN TERMS, ESTABLISHING REGULATIONS ON SIGNS IN THE CITY, SETTING
PERMIT AND INSPECTION REQUIREMENTS; SETTING PENALTIES FOR VIOLATION; AND
SUPERSEDING OTHER ORDINANCES IN CONFLICT.
WHEREAS, the number of signs in the City has been
increasing during the past several years; and,
WHEREAS, the City presently does not have adequate
regulations covering signs in the City Limits; and,
WHEREAS, the lightweight design and easy mobility of
some signs together with the frequent use of electrical components creates a
potential for safety hazards. In
addition, signs are often placed in close proximity to public rights-of-way,
and such placement creates visual obstruction of oncoming pedestrian and
vehicular traffic; and,
WHEREAS, uncontrolled placement of portable signs
could have a negative impact on the health, safety and welfare of local
residents; and,
WHEREAS, regulations of signs in the City will
substantially promote the City's interest and observing the aesthetic beauty of
the City; and,
WHEREAS, registration and annual inspection of signs
are necessary measures to identify especially hazardous conditions and promote,
to the extent possible, their proper operation and maintenance and to preserve
the health, safety and welfare of citizens of and visitors to the City of
Converse; and,
NOW, THEREFORE BE IT ORDAINED by the City Council of
the City of
SECTION I: DEFINITIONS. For the purpose of this Ordinance, the following words and terms shall have the meanings ascribed:
A. Animated Or Moving Sign shall mean any sign, or
part of a sign, which changes physical position by any movement or rotation or
which gives the visual impression of such movement or rotation.
B. Area of Sign shall he the total face
area which includes the message and the border of the sign. It does not include the supporting
super-structure.
C. Awning. Canopy Or Marquee
Sign shall
mean a sign that is mounted or painted on, or attached to, an awning, canopy.
or marquee that is otherwise permitted by ordinance.
D. Back To Back Sign shall mean a structure
containing two (2) parallel signs whose faces are oriented in opposite
directions and are spaced no more than ten (10) feet apart.
E. Bandit Sign shall mean a sign not to
exceed four (4) square feet which is erected by home builders/developers
advertising property located within the City.
Bandit Signs are permitted only between 8:00 a.m. Friday through 8:00 a.
m. Monday, and on holidays.
F. Banner Sign shall mean a Sign made of
cloth. plastic. or other flexible material, without a frame or backing,
designed to be attached to a building, pole or other structure.
G. Bench Sign shall mean any
advertisement on a bench.
H. Billboard Sign shall mean an outdoor
advertising structure which advertises a use, product, or service not
necessarily found on the premises.
Installation of new billboards is prohibited. For the purpose of this Ordinance, the term
“Billboard” shall mean any flat surface covered with wood or metal erected on
framework on open space, or attached
to metal or wooden posts, buildings, or other structures and used for the
display of bills, posters, or other advertising matter that is posted, tacked,
bolted, pasted or painted thereon.
I. Commercial Sign shall mean a sign which
direct attention to a business, product, service or activity which
is conducted upon the premises where such sign is located.
J. Development
K. Electric Sign shall mean any sign on
which letters, figures. designs or messages are formed or outlined by electric
illumination, or by a transparent or translucent medium which is electrically
illuminated, whether the illuminating device is obtained within or on the sign
and shall also include all outside building outlining, end interim decorative
displays and gas tube window outlining. Signs illuminated by electric lights
which are not attached to the sign. and signs which are lighted by floodlights
or projectors, are not classified as electric signs within the meaning of this
ordinance.
L. Flag Pole Sign shall mean an advertisement
for promotion or grand opening which shall
not exceed three (3) per property and thirty-five (35) feet in height.
M. Flashing Sign shall mean any directly or
indirectly illuminated sign which exhibits changing natural or artificial light
or color effects by any means whatsoever.
N. Garage Sale Sign shall mean a sign erected
only on private property with consent of the owner and/or where the garage sale
is taking place only during the time the garage sale is being held and which
cannot exceed four (4) square feet.
O. Governmental Sign shall mean a sign erected
and maintained pursuant to and in discharge of any governmental functions, or
required by law. ordinance or other governmental regulation.
P. Ground Sign Any sign which is supported
by structures or supports in or upon the ground and independent of support from
any building.
Q. Inflated Sign shall mean an air inflated
advertisement for promotion or grand opening.
R. Monument Sign shall mean a ground sign
typically on a concrete base which cannot exceed 100 square feet and a height
of eight (8) feet.
S. Non-Conforming Sign shall mean a sign which was
lawful prior to the adoption or revision or amendment of this ordinance, but
which fails, by reason or such adoption, revision, or amendment, to conform to
the present requirement of this ordinance.
T. Off Premise Sign shall mean a sign which
advertises a use, product or service not found on the premises where the sign
is installed.
U. Portable Signs are defined as any sign
designed or constructed to be easily moved from one location to another,
including signs mounted upon or designed to be mounted on a trailer, wheeled
carrier, or other non-motorized mobile structure. A portable sign which has its wheels shall
still be considered a portable sign.
Specific signs excluded from this definition include garage sale signs,
real estate signs, governmental, political advertisements and other small signs
less than 10 square feet.
V. Sign means a display of a name,
identification, description, display, or illustration which is affixed to, or
represented directly or indirectly upon a building, structure, or piece of land
and which directs attention to an object, product, place, activity, institution
or business. A Sign is not a
display of official court or public office notices nor is it a flag, emblem, or
insignia of a nation, political unit, school, or religious group. A Sign shall not include a sign
located completely within an enclosed building, nor holiday decorations, nor
political campaign posters during the period of 30 days preceding an election
until three days following and election.
The term sign shall include all other devices or structures as may
reasonably be included under it; whether attached or unattached. This definition also excludes all national or
flute flags, non-electric window displays, graffiti, athletic scoreboards and
the official announcements or signs of government.
W. Sign Face shall mean the area or
display surface used for the message.
SECTION II: PURPOSE.
A. General Purpose: The regulations enacted in this ordinance are to promote the health, safety and general welfare of the city; and also provide in each area standards which promote a positive city image reflecting order, harmony and pride, thereby strengthening the economic stability of business, residential and cultural areas.
B. Specific Objectives:
1. To insure safe sign construction.
2. To prevent the construction of signs that would restrict the sight distance or confuse vehicle operators and or pedestrians to proceed in a safe manner.
3. To prevent the obstruction of streets, alleys and other public places by signs.
4. To identify individual business, residence and public use without creating confusion, unsightliness, or visual obscurity of adjacent buildings or businesses.
5. To assure that all signs in terms of size, scale, height and location are properly related to the overall adjacent land use characteristics and development lot size.
6. To assure all signs, the supports and bases are, in terms of color, form, material and design, compatible with other structural forms on development lots and adjacent areas.
7. To assure, by permit and inspection, the construction of safe signs thereby preventing obstruction or streets, alleys or public places and not unduly restricting the sight or safety of vehicle operators and pedestrians.
SECTION III: GENERAL PROVISIONS.
A. A sign permit shall be obtained prior to placement or erection of any sign not exempted herein.
B. All commercial signs shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises, except for billboards, auxiliary, governmental or community service signs as provided herein.
C. All signs, where applicable, shall meet the standards of the city building code.
D. Except as herein provided, no person or business firm, acting either as principal or agent, shall alter the copy face or lettering of any sign, (except for signs with temporary messages made from interchangeable characters attached to tracks or grooves on the sign board) either by changing the message or by renovating an existing message or shall erect any sign or sign structure until a sign permit for such work has been issued by the City Manager, or his designated representative.
E. No sign, sign structure, or sign support shall project over any property line or into a public right-of-way except that a sign placed flat against the wall of a building which is on the property line may project eighteen (18) inches beyond the property line over public property.
F. Trees, rocks, bridges, fences, towers, utility poles and dilapidated buildings shall not be used as sign supports.
.
G. Business locations shall be identified by a street number attached to the building and must be clearly visible from the street. The characters will be a minimum of six (6) inches. Shopping malls and centers having a common address are exempt; however, the main sign for the mall or center must display the full street address.
H. All residences shall be identified by a street number attached to the building and clearly visible from the street. Characters to be a minimum of three (3) inches. Residences may also display a yard sign not more than one (l) square foot in area showing street address.
I. In the event that more than one (1) sign-related definition applies to an existing or proposed sign, resulting in conflicting regulations thereon, the most restrictive regulation shall apply.
J. Clear Sight Triangle:
1. Parking Lot Driveway: A clear sight triangle shall be formed on both sides of a driveway into a parking lot. Size shall be determined by measuring ten (10) feet along the property line and ten (10) feet along the driveway. No sign more than two (2) feet in height shall be erected or placed in this triangle.
2. Street Corner. A clear sight triangle shall be formed by measuring twenty (20) feet along the property line in both directions from the corner of the lot adjacent to the intersecting streets. No sign more than two (2) feet in height shall be erected or placed in this triangle. A single support with no sign structure or copy between a point thirty (30) inches and eighty-four (84) inches above the street grade is not considered a violation of clear sight triangle.
SECTION IV:
TYPES OF SIGNS.
A. Billboard: Any sign of advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from said display. Sign shall not exceed two hundred (200) square feet in face area. Billboards are permitted only in commercial or industrial districts.
B. Development Sign. "Ground signs" announcing or describing a legally approved subdivision or land development may be temporarily erected until all homes in the subdivision are sold. Such signs shall not exceed two hundred (200) square feet in face area and may be indirectly lighted. Flashing or moving parts are not permitted.
C. Political Signs. Political signs on residential property shall not exceed four (4) square feet in face area. On nonresidential property a political sign may be erected or posted provided that it does not exceed thirty-two (32) square feet in face area. Political signs in all zones shall be removed within three (3) days following the concerned election. No political sign shall be placed on city property. The placing of political signs on private property including contiguous street rights-of-way and/or easements, without permission of the property owner, is prohibited. No political signs, poles or supports shall be placed or erected on school property designated as a polling place prior to 6:00 a.m. election day. Candidates for office and/or the political party/group placing political signs are responsible for compliance with these provisions.
D. Garage Sales Signs. Garage sale type signs in residential areas shall not exceed four (4) square feet in face area. They may not be illuminated, may not be erected earlier than two (2) days preceding the sale and shall be removed within two (2) days following the sale. Signs will show the date(s) of the sale. Signs shall not be posted on utility poles.
E.
For
1. In nonresidential areas, signs not exceeding two hundred (200) square feet in face area advertising the sale or rental of buildings or the proposed use of property on which they are placed. Signs must be removed within fourteen (14) days following the date of sale or rental of the property.
2. In residential areas, one (1) unlighted sign not exceeding four (4) square feet in face area advertising the sale or rental of the building or premises on which the sign is located. Signs must be removed within fourteen (14) days following the sale of the property or rental or vacant space concerned.
F. Canopy Signs. Canopy signs shall be counted as part of and limited to the total square footage allowable for wall signs.
G. Gasoline pump islands. May exhibit one (1) logo sign not exceeding thirty-two (32) square feet in gross face area and one (I) price sign per gasoline pump island not exceeding thirty-two (32) square feet in gross face area.
H. Sloping roof signs. Sloping roof signs shall not project horizontally or vertically beyond the roof line. Not more than ten (10) percent of any sloping roof area shall be devoted to these signs.
I. Freestanding signs. One (1) freestanding sign for each freestanding building, not to exceed one (1) freestanding sign per development lot.
1. Area: The area of a freestanding sign shall not exceed sixty .feet (64) square feet of gross face area.
2. Height. The height of a freestanding sign shall not exceed thirty-five (35) feet.
3. Setback: The setback of a freestanding sign shall be a minimum of ten (10) feet from lot lines.
4. Corner lots: On corner lots the major or primary street shall be construed to be the development lot frontage, and no more than one (1) sign shall be permitted. On a development lot located at the intersection of two (2) major thoroughfares or two (2) expressways or a major thoroughfare and an expressway, a freestanding sign shall he permitted on each such thoroughfare or expressway.
J. Temporary Business Promotional Signs. Any temporary business promotional signs shall only be placed in or on windows and shall have a combined area not exceeding fifty percent (50%) of the area of all the windows on the same wall. Said sign area shall not be counted against total permitted sign area.
K. Community Service Signs. Any community service signs for seasonal celebration shall have no size limitation if placed in or on windows. Any community service signs, not of a seasonal celebration nature, shall be placed in or on windows and shall have a combined area not exceeding fifty (50) percent of the area of all the windows on the same wall. Such sign area shall not be counted against permitted wall sign area.
L. Portable or Wheeled Signs. May be authorized for a period not to exceed thirty (30) days for business openings. Each business may display a portable or wheeled sign for a period not to exceed thirty (30) calendar days in any calendar year. The thirty (30) calendar days may be broken into any combination of increments. Flashing parts, moving parts, or any appurtenance causing a visual distraction to motorists or pedestrians is prohibited. A permit must be obtained from the City Manager, or his designated representative,. The following restrictions shall govern all portable signs permitted hereunder:
1. All signs shall be located
at least two feet inside private property in such a manner that they do not
pose a hazard to vehicular or pedestrian traffic.
2. No more than two (2)
portable signs may be permitted on any multiple business property.
3. All signs shall comply with
the electrical code of the City of
4. The use of extension cords
more than 5 feet in length in connection with portable signs is
prohibited. However, this does not
prohibit overhead electrical lines or extension cords that are inaccessible to
pedestrian and vehicular traffic.
5. All portable signs shall be
maintained in good repair and working condition, with fallen letters replaced
within five (5) business days.
6. A portable sign shall be
displayed only at the location identified in the registration form as provided
by the City Manager. Removal of any
portable sign from the identified location shall result in termination of
rights and a portable sign may not be replaced at that location unless new
permit is issued.
7. The owner of all portable
signs must pay an annual inspection and permit in the amount of $50.00. Signs with electrical components shall have
an additional fee of $25.00 annually.
The annual inspection fee shall be payable within 30 days of
registration and at one year intervals thereafter. Each applicant for a portable sign permit
shall pay the fee prior to placement of the sign. Inspection fees are waived for non-profit
organizations.
8. Failure to register a
portable sign or pay an annual permit and inspection fee as required by this
ordinance shall constitute a violation hereof.
M. Miscellaneous Signs. No trespassing or posted property type signs in residential zones shall not exceed two (2) square feet in face area. In nonresidential zones, these types signs may not exceed four (4) square feet. Signs placed with the intent of warning or advising the public of possible danger that may be encountered on private property shall not exceed two 2 square feet in face area. In nonresidential areas, this type sign may not exceed four (4) square feet in face area. An "Opening Soon" type sign may be placed in nonresidential areas provided it is advertising the property it is placed on; and is not more than sixty-four (64) square feet in face area; and is not up for more than six months; and is maintained in good repair.
SECTION V:
SPECIAL DISTRICT SIGN REQUIREMENTS.
A. Residential Districts. A person having a legal home occupation may display a nameplate on the face of the building or porch. The nameplate may contain only the name and occupation. It shall be attached directly to, and parallel to, the face of the building or porch. It shall not exceed one (1) square foot in area, shall not be illuminated in any way, and shall project not more than six (6) inches beyond the 'building or porch. No permit is required.
B. Mobile Home Park District. A ground sign or wall sign not more than one hundred (100) square feet in total area may be erected on property of the mobile home park, and may be indirectly lighted.
C. Office And Professional Districts, Neighborhood Service Districts, General Business Districts, Light Industrial Districts. Medium Industrial Districts. Signs, when attached to buildings, shall advertise .only services or products which are offered within the building to which the sign is attached. No wall sign shall exceed sixty-four (64).square feet in gross face area. Wall signs shall project no more than two (2) feet perpendicular from the wall and not more than three (3) feet vertically above the wall of the building.
D. Garden offices. One (1) pylon sign per complex may be erected advertising the total number of office tenants. If the complex is located on a corner lot, the corner lot provision shall app1y. The face area of the sign may not be larger then .ten (10) feet by thirty (30) feet, mounted six (6) feet above the ground with a maximum height of thirty-six (36) feet. The name of the complex and the street address with letters no less than six (6) inches high will appear at the top of the copy. There may be one (1) sign no 1arger than fifteen (15)square feet in face area identifying the tenant and placed flush on the wall-near the office entrance. As an alternate one (1) hanging sign or one (1) ground sign containing no more than six (6) square feet in face area may be erected.
SECTION VI: PROHIBITED SIGNS. The following signs shall be-prohibited in all districts:
A. Any signs and supports, other than those signs and supports required by governmental authority, or for which a street use license has been issued, which are located on the public right-of- way, including on public .streets, alleys and parkways. This section shall not apply to signs on commercial vehicles or commercial .trailers lawfu1ly operated or parked in such areas, except that this exception shall not otherwise be used to give legitimacy to the use of advertising .vehicles and trailers prohibited herein.
B. Signs with flashing, blinking or traveling lights.
C. Banners, pennants, search lights, twirling signs, sandwich or 'A" frame signs, side walk or curb signs, balloons or other gas-filled objects. (These types of signs may be authorized for a period not to exceed thirty (30) days for business openings and ten (10) days for special occasions. Extensions may be permitted awaiting permanent sign fixture with proof of order. A "no fee" permit shall be obtained from the City Manager, or his designated representative.
D. Display of merchandise or examples of work is classified as a sign, and is not permitted in any residential district.
E. Any signs which resemble an official traffic sign or signal or which bear the words of traffic control.
F. Signs which, by reasons of their size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign or signal or device.
G. Any sign which emits sound, odor or visible matter which serves as a distraction to parsons within the public right-of-way.
H. No billboards or commercial signs shall be erected advertising products or services not available on the site except as noted in Section IV, paragraph A.
I. No billboard shall exceed 35 feet in height from the ground level unless the sign is located in a Special Sign District.
J. No billboard shall interfere with the visibility of pedestrians or drivers of motor vehicles at street intersections, or otherwise obstruct traffic or create a traffic hazard.
K. Signs may not be constructed of scrap materials, paper, or other such fragile materials which are not weather resistant.
L. The use of fluorescent paint, metallic paint, or similar non-conventional paint emitting luminosity upon exposure to external radiation or bombardment by a stream of particles is expressly prohibited.
M. Any sign in apparent compliance with this ordinance, but which staff deems is by design, construction or erection hazardous to persons will require approval of City Council.
SECTION VII: PARKING OF ADVERTISING VEHICLES. No person shall park an advertising vehicle or trailer on a public right-of- way, on public property, or on private property so as to be visible from a public right-of-.way, except in accordance with Section IV paragraph L.
SECTION VIII: EXISTING SIGNS.
A. Where existing signs are in newly annexed areas, a permit shall be obtained.
B. Where existing billboard signs do not comply with this ordinance with respect to location, height, size, area of display, minimum ground clearance and are not a hazard or nuisance and are in good condition, an exception maybe granted upon filing of an application for a permit, payment of the annual billboard permit fees, when required, and passage of an inspection by the city staff official.
C.
Billboards
in existence prior to the enactment of this Ordinance shall be exempt from the
provisions of this Ordinance for a period of six (6) years and six (6) months,
only if they are not hazardous to the health and safety of the public and are
not unsightly or offensive to the viewing public. After six years and six months from the enactment
of this Ordinance, all billboards in the City of
D. An existing non-conforming sign may not be repaired or rebuilt in the case of obsolescence or total destruction by fire or other causes. In case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its fair market value, the City Manager, or his designated representative, may issue a "no fee" permit for the necessary repairs to be made to the sign. If the necessary repairs are not completed within sixty (60) days of the receipt of written notification to the sign owner, by the City Manager, or his designated representative, then the sign shall be removed either by the owner or by the city at the sign owner's expense. Under unusual circumstances and/or where the sign owner has shown "good faith" in attempting to comply with the provisions of this ordinance, an extension period of thirty (30) days may be granted to the sign owner to facilitate repairs. If the cost of rebuilding or repair exceeds fifty (50) percent of the fair market value of the sign, then the sign shall be removed at the sign owner's expense. if the sign is not removed within thirty (30) days of written notification to the sign owner, then it shall be removed by the city or its designated agent(s) at the sign owner's expense. A sign so removed under the provisions of this section shall be kept in storage for a period of sixty (60) days and if it is not claimed within said period it may be disposed of in a lawful manner by the city.
E. All abandoned signs and their support. shall be removed within sixty (60) days from the date of abandonment. All damaged signs shall be repaired or removed within sixty (60) days. The City Manager, or his designated representative, shall have the authority to grant a time extension not exceeding an additional sixty (60) days for an abandoned, non-damaged sign.
F. Should the responsible party or parties after due notice fail to correct a violation of this section, the City Manager, or his designated representative, shall cause such signs and supports to be removed. This official, on behalf of the city, shall also take necessary action to file against the property a lien in the amount of the cost such work if such costs are not paid by the property owner within fifteen (15) days after he is billed.
SECTION IX: