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HomeMy WebLinkAboutOrdinance ~~ 16ft; AN..ORDINANCEAMENDING SECTIO.N ..8 OF ORDINANCE 850 .OFTHE .CITY OF COLLEGE. STATION,TEXAS, RELATI.NG TO SIGNS ,GENERALLYR.EGUIJATING THEIR LOCATION, HEIGHT, AND AREA, AND PROVIDING FOR AN EFFECTIVE DATE. ORDAINED BY. ..THE......CITy. .COUNCIL OF THE....CITYOFCOIJLEGE.. STATION, thatSectioll 8 of. Ordinance 850 of the City of 'College Texas, is hereby amended to read as follows: PURPOSE: Thepu.rposeof this Ordinance is to estab 1 ish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote thereby an at tractiveCOIRllluni ty, foster . traffic ... safeti', and ..... ellhance theeff~ect ive communication and exchange of ideas and cOlnmercial il1formation. TIle City COUllCil of the City of Col Station hereby finds the following 1 egis 1 at.i ve . fac ts..: The proliferation of. signscre.atescommercial confusiol} and makes it difficult for travelers aIldmotorists to locate the goods and services they seek. The increasing height of signs t~ithin the City is an endless battle fora higher and more visible sign, and a reasonable limitatIon 011 tile height of SigllS is necessary 0 prevent visual pollution, potential windstorm damage, injury or death. Excessive height signs creates clutter and is unsight~y and offensive to the members of this council and many, i.f not most, of the citizens in College Stat tOIl (I The es tab Ii SllmeI} t of a. reas onab 1 enlax imUln height.f"or signs wi 11... allow effective COlnmun icat ion., prevellt al titllde. compet ition , and will not penalize smaller business concerns which may not be able to compete for aerialsuperiorityo Reasonable provisions pertaining to size, scale, 'locat ion,des ign,lighting, permaIlellcy,andmailltena:nce are necessary to avoidvisualclutt.er,preserve alld improve the al)pearanceandcharacterof the cOmmtlIli ty, avoid. traffic problems caused by distracting signs or structures in close proximity to streets, which compete witht raffi.cs ignsand s ignal sfo~, .theattent i on of motor.ists, and to prevent deterioration, disregard, aIld abandonment of~ signs or structures. This ordinance will complement the provisions of the Federal Highway Beautification Act of 19720 The Council recognizes thatsiglls are necessary for visualc'ommunication for pub 1 ic convenience, .and that businesses ando'tller activities 11ave the rigllt to 1 ..L \ Ordinance No. identify themselves ,by using signs which are incidental to the. use on tIle premises where the signs are loca.ted. The City Counci.lherein seeks to provide a reasonable balance between the right of a person to identify 11is or her business or.8ctivity,andtheright of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, locationandcOllstruction of SigI1S. This:ordinance will insure that signs are compatiblewithadja;cent land ,uses and with the total vi,Stlal environlnentofthe community, inacco'rdance witllthe City's comprehensive plan for zoning.alld lalld. use. The City Council finds that the right of residents of this City to fully exercise their'rights of free speech by the use of signs containing non-commercial me,ssages are subject... to ..minimuln. regula.t.i.on regar~ding structural safety and setbacks for purposes of traffic protection. The Council seekshereiIlto provide for the reasonably prompt >removal and dispos,al of such signs after they haveservedtlleir purpose,and yet to avoid any interf'erencewitll First Amendment freedoms ,especially as o persons who are of limited financial means. The Cotincilfinds that instances may occur in the applicationofthis'ordinance where strict enforcement would deprive a person of 0 the reasonable use of a sign, or the reasonable utilizatIon of. a sign ill connectioll with other related property rights, alld herein provides forsllc]lpersonsto have the right to seekvariallces from the requirements of this chapter for good cause. The Council filldstllat it is imperative tllat enforcenlent officialsapplyt.hisordinanceas it iswri tten, in the interest of equality and fair and, impar~ialapplication to all persons, and that the use ofthe< variance procedures}lall remain the sole administrative means to obtain any exception to the terms hereof. 1 DEFINITIONS: SIGN means any written or graphic representation, decoration, form,emblem,tradenlark ,flag, banIler,or other feature or device of similar character~1hich is used for the conlmunicatiollof commercia in.formatio.n, or communication of ideas or subjec.ts of political significance, a:nd Wllicll: structure or any part tllereof, including the roof or abuilding, or a free standing viall or fence; Is written, .printed,proj ected,paillt.~d, constructed or otherwise placed or displayed upon or designed into a. building, board, .plate, canopy, awning or vehicle, or upon any: material, object ordevi.cewhatsoever; a'nd 2 \ OrdinanceNo;o c. By reason of itsform,col or', wording, symbol des ign, illumination or motion attracts or is designed to attract ,attention to the subject thereof, oris used as a means of identification, advertisement or-announcement. APARTMENT/CONDOMINIUM IDENTIFICATION SIGN: An "attached sign ora freestanding sign witll perma~nent foundation or Dloorings, designedfor.identificatipn of a multi-family residential project,aIld where adequate provision is made for permanent maintenance hereunder. AREA IDENTIFICATION SIGN: A f~reestandingor wall sign wi th perluanentfoundation or moorings, designed for identification of subdivisions of. ten. .(10 )... to ..fifty (.50) acres, or identification of" a distinct area .wi tlll!l as ubdi v is i o:n ,and t1\1here adequate provision is made for maintenance hereund,er. ATTACHEDSIG~r: A sig:n attac]led to or appl ied on and totally supported by a part of abuilding, that does not project more than o lIe (1') footfrom>any exteriOI'building face or mansard. BANNER/FLAG: A piece offarrric used f.or decoration (coIltainsno copy or logo)orfoI' identification (contains copy and/or log,o). DEVELOPMENT SIGN: A sign announcing a subdivision which has beellplatted, ora separately platted phase of development therein, a land development for 'which a site plan has been approved. DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized asa traffic control device in off-street parking or access areas. FREESTAN'DINGSIGN: A sign supported by pneormorecol um11S, poles.. or bars extendedfrom'thegroulldor from all object 011 the~ground,or that is.erectedontheground; the term includes ..allsignswhicharenotsubstantially SUl)ported by a building or part thereof, or which are substantially sllpportedbyabui ingorpart tllereof,whellthe sole significantpurposeofthebuflding or part thereof, is to sllpportor constitute the sign. FUEL PRICE SIGN: A sign used to advertise the current price offllel at 1 ocat i ODS wherefue Ii s sol d.. HOME OCCUPATION SIGN: A sign used to identify tIle name and occupatioIlof a person with a legal home occupation. LOW PROFILE SIGltJ: A sign vJith apermanent'f~oundation which is not attached to a buil.ding, but is a stand-alone sign and which does not exceed 60S.F.. ill area and 4 feet in height. 3 \ Ordinance .'.No. UNUMBERUOF SIGNS: For the purpose of. determining the llumber ofs.ignswhichare subject to the provisions of this chal)ter, a.sign shall be considered to bea single display surface , a doub le-faceddi splay.sl.1.rface ,or disp I aydeviceco:n t ain ing e,lements clearly organized,relatedandcomposed to f~orma u.nit. Wllereluatteris disf)layedina random manner withollt organized relationship of <elements or where there is reasonable idOllbt about tIle relatiollshipof .elements, eacll element shall be COllsideredto be a single sign; provided, however, that. tIle .displayof Dlerchalldise through glass windows in any zone where suchmerchandisemay..besold in the ordinary cou'rseof business sllall not-constitute a signor sign S 5 OFF1 PREMISE SIGN: A sign wh.ich identifies the primary uses of, or primary servi'ces,prodllcts or goods sold or provided on premises other than' where the sign is located. POLITICAL SIGN: Any sign which promotes a candidate for any public office or which advocates a position on any social issue as ite.;primary purpose. PORTABLE SIGN: A signwllich is ,llot affixedor'attached to real property by. poles , stakes or other members which are placed into the ground, or upon some other type of permanent foundation; trailer signs, any sign with wheels or skids, and any sign whi9h is'COl1structed so as to sit upon the surface of the ground, without subsurface attachment or extensions PREMISES: An area of lclnd planned and designed as a single comprellensiveproject,consideredf*romthe time the l)lan is first submitted to the Planning Department either at plat st.ageor si teplan stage. REAL ESTATE, FINANCE andCONSTRUC11ION SIGN: An atta'chedor freesta.ndiIlgsign erected upon a lot or parcel of land for the purpose of advertising sam.efor sale or lease , or advertis ingthefurlli shi:ng of in ter im or permanen t, financ ing for aproj ect>,orfor the furllishingof labor, materials or the practice of crafts on the job site. ROOF LINE: The line the eave of the building or at the top of all attached maIlsardor wall extension no lnore than six (6') fee above thee ROOF SIGN: >An outdoor advertisillg display sign erected, constructed or maintaineda.bove or attached to the roof of a bui l.ding. SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign withpermaIlellt concrete foundati on or mo.or ings, des igne(i for permanentidellti ficationof a subdivision of greater than 4 .. \ Ordinance No. 'fifty (50) acres, and where adequate provision is made for permaIlentmaintenance hereunder. , 2 GENERAL PROVISIONS 2.A. BUILDING PERMITS: permit shall be required for the following types of signs: Apar..tment/.C.ondomi.nium Ident..i..f.icat..ion S.ign.s AttachedS igllS Development Signs Freestanding Signs Roof .Signs Subdiv is ion aIldArea Identi ficationS i gns Pernlitsshall be iSS'tIed by the Building Official with approval'bytheZoningOfficial.upon receipt of a properly.. cOlnpletedappl icat ion which demons trates that theapplican t ' s reqllest is in accordance ~ithth.e p.rov isionsofthi sordinancealldthe Ci ty'8 Bui Iding Code. The fee for such permits shall be established by the City Council from time to time by resolution. No perm tshall be required for the following SigllS: RealEs tate ,FinaIlce and Construction signs Directional traffic control signs Po I1-ti ca 1..s .igIl Home.Occupationsigns 2. B. SUBDIVIS ION AND AREA IDENT IF leAT-ION SIGN: Area Identification signs shall be permitted upon private propert~ in any zone to~identifysubdivisions of ten (10) to fifty (50) acres in size and subject to the retllliremeIltsset f.orth in Table II. Area Identification signs may also be used within a large subdivision to identify distinct areas within thatsubdivisioD, subject to the requirements Table II. Subdivision signs shall be permitted upon private property in any zone to identify subdivisions of greater ~han>fifty (50) acres, subject to tIle requireluents set forth in Ta,ble I I. Botllarea identification and subdivision signs must be lo~atedonthe premises as identified by a preliminary or master ..prel iminaryplat of the Sllbdi\, is ion $ Subdivision signs 'will be permitted OIlly at major intersectiollS011 theperimete'rofth'e subdivision (intersection of tlvO collector or larger street s) . At eacll iIlt ersect ion either one or two subdivision signs may be permitted so long as the total area>ofthe signs does not exceed 150 square feet . Bannersor,flags maybe utilized as 5 "', Ordinance No. subdiv 'ondide:ntification signs but the overall heigllt s<hall:notexceedsixty (GO) feet. Indirect lighting is permissible but no optical effects, DIOV ingpart soralternat lng, erratic or flashing 1 igh ts shall bepermittecl. Landscaping valued at 250 points (as described in Section II of the Zoning Ordinance) shall be instal1ed...aroundeach... subd\i visiol1 sign. Adequate arrangements for 'permanent maintenance of all signs aJ:ld any landscaping in conJunctiont.vith such signs shall be made, whicll may be through an OWllers association if OIle exists or is created fortl1is purpose. 2.C~ APARTMENT/CONDOMINIUM IDENTIFICATION SIGN: An apartlnent/condominil1m identification.signmay .be either all attached sign ora freestanding sign. It .shall be placed upon the private property of a particu.lar multi- family project i:n .anR4, R5 or R6 zonesllbject to the requirements set forth in Table II. The apartnlent/condomiIlium identifi~atioIl,sign shall.list the na:me and faci litiesa'fJailab le and may have "leasing or sales informationiIlcorporated as apart of the. sign. A mult fami lyproj ect mll.st have a minimum of 24 dwe 11 ing llnits to qualify fora.napartment/condomillium identification sign. Indirect lighting is perloissible, but np optical affects, moving parts, or alter:nating, erra.tic or f'laslling lights or devices shall be permitted. 2.D. DEVELOPMENTS IGN:developlnentsi g:n slla11 be placed upon private property subjectto.the requirements set forth in Table II~ A development sign may only be loc~tedupon a lot or lots or aplattedcom~on area withiIlthe bOllndaries of the platted subdivision to which it pertains. The development sign for a prQjectshall be removed i.ftlle project has not received a btlilding perlnit at tIle end of 6 months. If the project hasrecei ved a btli l(iiIlgpermi t the sign may stay in place tInt il 75%, of the uproject is leased oruIltil a permanent sign is installed, whichever comes first. The development s igIl permit must be reviewed by the Zoning Official for possible renewal at theelld ofl2montlls. Adevelopmentsignperm'it for a subdivision is valid as long as the master preliminary plat 'is valid according to the subdivision regulations, orin the absence of a masterprelfminaryplat, fortwelve(12) months after the filingof9a final plat. The permit may be appr)ovedfor renewalf+orone (1) additional twelve (12) month period by the Zoning Official. The sign must be oriented to the nearest.majorrigllt-of-way adjacent .tothe subdivisioll as shown on the Dlaster preliminary plat or the final plat , whichev,er> is applicable. 2. E. DIRECTIONAL .TRAFFIC..CONTROL SIGN: Directional Traffic 6 ", Ordinance No. Control signs may.be.utilized as..traffic.control devices inoff--street parking areas subject to thereqtlirements set forth in Table II. Logo or copy may be permitted but shall be less than 50% of the area of the. direct ional signe No directional traffic. control sign' shall be permitted wi thin or upon the right--of-way of 'anypllb 1 ie street unless it>s .constructioll, design, and location .have been approved by the City Traffic Engineer. 2.F~ PORTABLE ,SIGNS: Portable Signs are, not permitted wi thill tile City Limits ofth.e City of College StatiOI}. 2.G. REAL ESTATE/FINANCE/CQNSTRIJCTION SIGNS: One real estate signllotexceedingsixteeIl~ (16) square feet in total area (exclusive ofstakesandposts)ll1ay be erected at any time wllileapropertyis offered .for sale or lease to the publico Properties with a minimum of 150 feet of f.rontagesllal1 be allowed one real estate sign 110t exceed:i.ng32 square feet in total area. Properties with aminimtim of> 2 acres and frontage on 2 streets shall be allowed one real estate sign on each frolltage street with the area of the s igntobe determined by the anlOtlIl t of frontage as stated above. Onefin~nce sign an4 three construction signs (for a totalof4.signs) not exceeding 16 square feet in total areaeach(exclusiveofstakesa:nd posts) maybe erected once abuilding permit has been issued on a property. Properties with a minimum of 10 acres and 1,000 feet of frontageshallbeallo"ledone finance sign and three c<?llstructioIl signs 11otexceeding32 square feet in total area each. Real estate, finance and construction signs maybe eitller attached or freestanding and only those visible from the street '-limited in number ('see exempt signs Se'ction 2. P . ) 0 All such signs shall be maintained by the persons in control of the . premises s'oastoremaizl erect and in good repair. Suchs ignsshall be renloved by the property ownerorothel"personiIlcontrol of the premises if they are damaged, broken or incapable of remaining erect. Such' signs must be removed by tIle .owneror person in control of the prelniseswhen either thepropertyh,as sold or been p,leasedalldjor wIlen performance under the construction contractor subcontract (in the case of construct i 011 signs) Jlasbeen conlpleted. III all cases , financingalld construction signs shall be removed prior to issuance ofa certificate of occupancy. 2. H.P01ITIC.ALSIGNS: This ordinance does not regulate the 7 - , Ordinance No. size, co:ntent or location of, political signs except as follows: 1. No~ommercial m~ssageshall be shown on any political si.gn. 2. No political Sigll which is in excess of2 square feet in area Inay be located: a) Within public road right~of~way at a distance of less than ten (10) feet f.:eom the traveled portion of the roadway; (b) O,n a corner lot within triangle defined by the rigl1t-of-waylines and a line joining 2 points located twenty (20) feet back from the right-of- way 1 ines intersect,ion. ovision is necessary to avoid dangerous distraction to drivers causedd by close proxinli ty of such signs to automobile traf~fic, to avoid damage to automo'b i les whichmayleavetlle paved surface irltentionallyorbyaccident, and to avoid the necessity for pedestrians to step into the roadway to bypasssuchsigns~ No regulatory alternative exists t.oaccolnplis}l this police power obligation. In the event that any political sign is located in the above referenced areas, it shall b.e removed by the City I>> All political signs shall be remo,'ed within ten (10) aaysafter theelectioD. 2.1. HOME OCCUPATION SIGNS: A person having a legal home occupation may display a home occupation sign on the face of>the building or' porch. of. a residence. The sign Inay containo:n ly the naJne aIld OCClll)at ion of tIle res i den t . It shall be attached directly to the face of the building or porch. It shall not exceed 2 square feet in'area, shall notbe.illuminated in anyway, and shall not project more thaI124 inches beyond the building or pore}l. ' No permit isrequir~d$ No display of merchandise or other fornls of comme~cial communication shall be all~wed~ithin a residential area, .. lInless same are in existence prior to the adoption of this ordinance ill connection with a LIse which is presently a lawful non-conforming uset.vi thin the district. Such non-collfornli:ng signs may be maintained until thenon-confor:ming uses of the building cease, su.bjectto the reqtlirementsfor...maintel1aIlce 11erein. D~scontinuanceof the use of such a sign f"or more than 3 montJls.. shall prevent future use,even if the nOIl- cOllforming use of tllepremisesiscont inuous. '2.J. ROOF SIGNS: Roof si<gns shall be regulated as freestanding signs. 8 . . Ord.inanceNo* 2&I{'. FREESTANDING SIGNS Freestanding signs are allowed only ill A-P,C-l, C-2,C ,M-landM-2zones. OIle f~reestanding s ign<shallbe alloll\TedinanA-P zone only when the prenlise has a minimuDlof 2 acres., subject to the requirements set forth in Table II. One low profile sign shall be allowed>in allA--P zone when the prenlise has less than two (2) acresstibject to the requirements set forth in ..TableII~ Height, .. area andsetbackreqllirements for all otherf.reestandingsignsare found ,in Tables I a11d I I " See Sect ion 2. M.concern ingbanIlers and flags. prem~s@ with less than 75 feet of frontage shall be allowed, to use one low profile sig~n. Apremis~ with more than 75 feet of frontage shall be allowed to llse Table I standards for one freestanding sign ratller than one low profile Sigl"l. A premisewitllnlore than 150 f.eet of frontage shall be allowed to use Table I standards for one freestanding sign or any number of low profile signs as long as there is a minimum separation between signs of 150 feet$ Premiseswithlesstha:n 75 feet of frontage may' l)e combined in ordertoutilizesignage corresRonding to the resulting frontage as described in the preceeding two paragraphs. Thegn>applicant may elect the frontage street where two streets at the corner are classified the same on the thoroughfare plan. If an'two differently classified streets, then tIle greater shall be considered the frontage street. No more than one free.standing sign shall be allowed 011 any l)remises except wIlen all of the foll()wingcolldi t ions are met: 1. The sit e m,us.t be Z onedC--l ,C-2, . C-3 ,M---lor M~2. 2. The site must be twenty-fi~e (25) acres or more in ares. The site must have 1,000 feet (or more) of continuous llnsllbdivided . frontage on any dmajor arterial street (as classified in thethoroughfareplan)'toward which one additional freestanding sign is to be displayed. 2.L. ATTACHED SIGNS: Attached signs inareaszonedA-P, C-l, 0-2, C~3, ..M-l, and M-2arecommercial signs under this sect ion. An at t aclled sign shal Iadverti se only tIle name of, 1..1sesof, or goods ,or services available wi thiIl the building to which the sign. is attaclled. Suc'h sign shall not extend. above tile- roof liIle, shall be parallel to the face of the building ,shs.ll not.b e canti levered away from 9 Ordinance No. the structure, and shall not extend more than one foot from the prinlary surface of the building. There shall be no painted roofs. 2.M. B'ANNERS/FLAGS: A banner or flag used as the permanent identification sig:n in non-residential ZOIles shall be regulated under Section 2.K. or2.L.,whichever is app licable.. 2.N. SIGNS FOR CONDITIONAL USES: Signs for con.ditional uses sllal1 comply witllthe regulations for thezOlling district in which thecOIlditional use is permitted. An applicant wishing to propose sigIlageusing therequiremeIlts of a zoning district different from the one in which the conditionaltlSe is permitted must receive ap.proval from the Planning and Zoning Commission as part 'of the condi tiollal usepermi t process. After receipt of a recommendation of the City Planner, theComnlissioIl may permit the reqllirelnents of a differeIlt zoning district to ]Je used for the purposes of si.gnage when the Commission finds: 1. That the proposedsignage is compatible with signage allowed ill surrOllndiIlg zoniIlg districts. 2. ,That the proposed signage meets the intent of this ordiIlaIlce; and, 3. That the proposed sigllage is in harmony \\11 th the development policies, and goals and objectives embodied in the Comprehensive Plan for development of the City~ 2.0. PROHIBITED SIGNS: The following signs shall be ohibited in the City of College Station: 1. PortableaIld Trailer Sig:ns. 2. Off pr,emisesigns. 3. Signs painted on roof tops. Balloons or gas f~illed objects atta'ched to any premise or structure., 5. Banners or flags, excluding the United states, and Texas flags, are prohibited in residential zones (except when flags are used .assubdivision signs). 6. Signs and displays with flashiIlg , blinking or travelillg'lights ,or-erratic or other moving parts, either internal or external to the premise, and oriented and visible to "vehiculartraffic, provided tllattime arld temperature signs are permissible if 10 " ~ Ordina.llce No.' the maximllm area and setback requirements of this ordinance are met and if the commercial in.fornlat ion content of stich signs is restricted to Demore ~aI18sqtlare feet. 7* Anysigllswhichare intended to or designed to resemble traffic signs or signals andbearsllch words as . "stopU, ... uslowu, ttcautiollU, tfdangerU, uwar:ningU, or otllerlvords, and which are erected for purposes other than actual traffic control or warIling to the public. sign which e~its sotind, odor or visible matter. 2.P. EXEMPT SIGN: The following signs are exempt from the requirements of this chapter: 1. Signs tllat are not easily read fl"ombeyond the boundaries of the lot or parcel on which they are located or fro:manypublicthorougllfare or traveled right--of"""""away. Such s igllS adre not exempt from the safety regulations containedllerein 8J:ld in City building and electrical codes. 2. Official notices posted bygoverIlment officials ill the performance of their duties; government signs controlling traffic ,reguIati:ng l)ub lie conduct , identifying st reets ,or ~.yar11ingof danger 0 (Bulletin boards or identificatiol} si.gIlsaccessory to government buildings orotllerbuildillgs are subject 'to tile provisions of< this chapter.) 3. Temporarysigrls erected by private property owners for/tllepurposeofwarniIlg of a dangerOl.lS defect or conditi<on, or other hazard to the public. 4. Wor}csof art that in no way identify or advertise a productorbusilless; or by their location and placeme:nt impede traffic safety. 5. Temporary decorations or displays, if they are clearly incideIrtal to and are customarily 811d commonlyassoci,;:lted l;i.ith any national , local or religious celebration. 6. Temporary or permanent signs erected by public utilities or construction companies to warn of the locationo,fpipel ines ,electr.ical condui.ts, or othel~ dangers or conditiollS in public rights-of-way'. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the typeof.busilless, that are located on moving vans , 11 OrdiIlance No e del ivery- trucks', trailers and. other commerclal vehicles; butoIlly.ifthe primary purpose of stlcll vehicles is not for the display of the signs thereon, and only ifsllCll vehicles are parked or stored in areasapprQpriate to their use as commercial or delivery vellicles , such as s erv ice areas or locat i ODS close to the business building(s}awayf*rom public traffic areas. ,8. Signs carried by, a person (and not set on or affixed to tIle ground. 9. Outdoor advertising display signs for sponsors of cllaritableevents lleldonpublic properties. Tllese signs maybe displayed for the duration of' the event or not more than 3 days with approval of the City Manager. 10. Flags used as political symbols being the United States and Texas flags only. lIe Bannersorf"lagsused solely for decoration and notcontainil1g allY copy'or logo and located only ill non-residential zones. 2.Q. FUEL PRICE SIGN: Service stations will be allowed one sign per s.ite, the area of. vJ'hichshal1 not exceed 16 square fe~t and will not be ~ncluded in the allowable area of any freestanding sign. This sign cannot be located within the right-of-way. 2. R. STRUC'fURAL REQUIREMENTS: 1. Abtlildingpermi t shall be required in additioIl to any perlnit. under this ordinance , in accordance with the provisio:ns of the College Statio:n Bllilding Code. The provisions of this ordinance shallcolltrol over the provisions of the Building Code only where clearly illconsistent therewith. 2. Abando:ned, Danlaged, or Ullsafe Signs.. (a) The provisions of this section shall apply when in (:onflictwitll the provisions of the Building Code, but where the provisions of both ordinaIlcesarenot inconsistent, the enforcement of either shall be permissible and remedies or penalties cumulative. (b) Allabandol1ed signs and their supports shall be removed within 60 days from the date of abandonment. All damaged signs shall be' repairedor,relnovedwithin 60 tiays. Tile Z~ning Official shall have authority to grant 12 a 30 day time extension where he determines there is areasoIlab Ie necessity for same. Discontinuance of use or removal of any non- conforming signor any sign in connection with a ,non-confo.rminguse shall create a presumption of' an intent to abandon said sign. A nOl1- conforming<sigllthatisdamaged and not repaired within sixty (60) days shall be presumed to be abandoned. s. MISCELLANEOUS REGULATIONS: No<signshallbe placed in a City of College Station drainage or utility easemen unless approval is granted by theCi ty> En,gineer. Location in an easement shall be subject t.o a written agreenleIlt entere.d into by 1 parties involved. Any damage to or relocation of sign's located ineaseluents because the City's use of the easement shall be the resp~nsibility of the owner of the sign. The City, when possible, shall give the owner prior notice of. the. LIse of the easeluent whicll.will af.fect the sign. This is also applicable to all exempt signs~ 2 Sig.nsmay be internally or e,{ternally lighted as lotigas the light is so de$ignedas tobe shielded awayfromadjo iningresident ialpremi ses aIld does not impair drivers'visibility on adjoining rights of way. 2.T. AMORTIZATION AND ABATEMENT OF NON-CONFORMING SIGNS: The.f.ollowi:ng. types of signs.sllallbecome Ilon- forming upon passage of'thisordi11ance, and shall be broughtiJ:lto compliance or removed tvitllin 6 montlls the date of this ordinance: Prohibited signs as defined in Section 2.0. 2. The City shall make no payment for the alteration, Dlodificationor removal of any s,ign wllere required by this ordinance. 3 ..VARIANC 3. A. GENERAL PROVISIONS: TheZollingBoardof Adjustment shall have jurisdiction to hear requests for a varia:nce froIn the terms of this Orclinance. For the granting of a varia:nce ,a favorable>vote of. no less than 40f 5 nlembers of the ZOlling Board of Adjustment s11al1 be necessary. The Board shall'beauthorized to graIlt a variance froln the terms hereof if, d OIlly , tlley find tha,t the 13 .. .,. Ordinance No., strict enforcement fthisOrdinance would create a substantial hardship to the applicant,byvirtue of 'unique special conqi t ions not' generally. f"ound within the City, aIld. that, the granting of the variance would preserve the ,spiritancl int'entof the Ordinance, and would serve the general interests of. the public and the applicallt ~ 3. B. AMOR.TIZATION: The Zoning Board of Adjustluentshallhave authority to grant va1:'iances totheamortizatioll provisions. of the foregoing Section 2.T. upon request of an applicant. An applicant must show to the sat is'factionof theZonillg Board of Adjustment , in accordance with this substantial evidence rule, that the investment of the applicant in the sign in question has Ilotbeen,>or cannot be, reCOlIl)edwitllinthe period set, forth herein; and that the strict application of the provisions of this Ordinance are unfair .as applied to th.e applicant. The Zoning BoardofAdjustmentsh~ll establish a set date for the compliance orvemoval as to ~ny such sign in the ent that it grants a variance to the terms of this Ordiriance. 4 ENFORCEMENT 4.A.Misdemeanor Prosecution: The Zoning Official, or dl.lly designated representative, shall have the authority to issueci tationsfor. the violation of theprovisiollS of tllisordiIlanc.e. In the event that ,an i~ndi vidual signs a copy of. the citation given to him or her, he thereby ack,nowledges receipt of san Ie a:ndpromises to <contact the Municipal Court and arrange for the entry ofa plea and a hearing where necessary ,wi thin 10 days of th.e t"late of the citation . If thedefendantsha 110t sig11 a ci tatioll, the Zo:ningOff.icials11all proceed to prepare and file f~ormal complaint wi th tIle Judge of the Municipa Court, and shall seek the issuance of a warrant, delivering saine to the appropri.ate law enforc.ement officer for the resultiIlg arrest of tIle defendant. A person commits an offense if he knowingly, intentionally,or l~ecklessly llses ,erects, installs, maintains,or ,alloliVsasigntoremainupon prelllises owned 'by or within his or ller.>control, contt'aryto tIle provisions of this Ordinance. A person commits an offeIlseifhe or she kIlowingly,intentionally, or .recklessly fails toperformtheact.ions llereunder required, including theapplicatioll for and receipt of a permit,and 8nyotheraspect of the construction, erection, and maintenance of any sign. An offense under this Ordinance shall bea Class C misdemeanor and shall bepu:nishable bye. fine of not less than Twenty-fi ve Dollars ($'25.00) ,< and not more than One Thousand Dollars ($l,OnO.OO) for each day such offense exists. If this 14 ~~ OrdinaIlceNo. penaltyprovisioD is invalid, as beyond the scope of the City's authority to enact s'uchpenalty, this Ordinance shall be and remain valid in all<other respects, and the maximumfiIleshal1 be Two Hundred Dolla,rs ($200 e 00) per day. 4.B. The City Attorney is hereby atithorized to proceed by civil suit in the instance of any violation of this Ordinance and to seek the issuance of a temporary or permanellt iIljUIlct ion mandat iIlgcompl ia:nce herewith, or prohibiting futllre v lations hereof, wi t~loutrespect to efforts toprosecllte misdemeanor violat 10118 hereuJ:lder, orth.ependencyof a formal complaint or charges alleging such violations. Removal by Zoning Official: The Zoning Official is 11ereby empowered to take up and remove 'any sign whicll will notb.e damaged by-such removal, when such sign has beenerected,placed, .or is beindgmaintained in violation of this ordinance.. TheZoningOf.ficial shall take custody of such sigIl,andshall preserve and maintainsuclls ignas' the property of the owner thereof. TheZoniIlgOfficialshal1 mal{e a diligent effort to locate the owner of. said sign, to 110tify the owner of the violation and theoivner's right to reclaim the sign w.ithin .30 days afternotificatiollthat it has been removed by the Zoni:ngOfficial. The owner of a sign, or the person previously in possession or control of same, shall >be entitled to>aheariIlg on tIle issue of his right to erect, place or maintain the sign at the location froDl whichi twasr<emoved. The Zoning Official shall additinnallynotify the owner ~r o~her person of such right 0 StIcha hearing shall l)e conducted at tIle next available scheduleddo.c]{et for the College Stati,on Municipal Court, and the decisionaf the Municipal Judge s h, a lIb e fin a 1. The Zoning Official or delegate shall have the ri'ght to reinove,di s.mantl e,andjordestroy'anys ignerect ed, placed..o.rmaintained inviolat ion of tIle provisions of thisOrdillance, after written Ilotice to the OWIler or person otherwise ill custody or control of the sign, actually delivered ()rmailed by certified mail, return receipt equested,tothe last known address(es) of the owner or other pet"son, >andprovidingfor a }learingupon request. The reclues tfor a hearing shall be made in person or in. writ-ing to the Municipal Clerk wi thin 10 days of actual service of the notice of inten.tion to remove, disBl8.Ilt or destroy , or withiIl 15 days of tile luailingof such notice by certified mail. Issuance of a citation which also informs the owner of the intention to remove,disman and/or destroy shall suffice. Sai llearingshall be conducte.dby the Judge of tIle Municipal Court i like manner as set forth' in the 15 .'-; .. Ordinance No. preceding section, and the decision of the Municipal J.udgesllall be final as to the right of the, ZOlling Official to remove, .. dismant Ie or destroy said sign. 5 EFFECTIVE DATE It is ordained that this ordinance ~hall become effective from and after its. passage in accordance with the City Charter of the City of College Station.' PASSED, ADOPTED AND ,APPROVED this 1985. day of APPROVED: 16 TABLE II ;'~ Summary of Sign Regulations, Ordinance FRONTAGE the number of feet fronting ona public street to which the sign is or I ented . (2) AREA = the area< in square feet of a slngl.e-face..sign, .or {1} side .of a double.-faceslgn,or hal f the sides ofa Illultl -f~ce.sJ9h.. Area of. a. freestandln~. sign is the area enclosed bytheminJnlum>lmag ina ry rectan_gleofverticc31~rnd hori zonta 1 lines which fullyc?ntaln all extremities, exclusi,veof supports,' of a horizontal vtewof.the sign. (4) Themax t mum>areaof<anyfreestand i ng s' i gn may notexceedeith~rdthat allowed by the chart above or the~ql.lare of (1/6) the dIstance in feet fromi,thebase of the sign . tothecu(bor!8~v~~ent edge of the frontage street,whicH~~er is greater. . On corner lots the frort~~F street shall be the greater streetaSyilass if i ed on the thoroughfare plan. ,WH~ir;e two streets are , the same the. app 11 cpn.t may choose the f ron tage street. ALLOWABLE .AREAS FRONTAGE (FEET) 0-50 25 51....100 50 101-.150 75 151-200 100 201-250 125 251..~3qq '150 301-3-50 115 351~400 20a 401-450 225 451-500 250 501-550 275 551-600+ 300 ALLO\4ABLE HEtGHTSFORfREESTANDt NGS IGNS: DI STANCE FROM CURB OR PAVEMENT EDGE (FEET) AT LESS L EAS,T~c- THAN HEIGHT 10 1S 4.5' 15 20 8' 20 25 11 I 25 30 14' (2) 30 35 16 , 35 40 19 1 (3) 40 45 21' 45 50 231 (4) 50 55 26.1 55 60 291 60 65 31 I 65 70 341 j'( (S ) 70+ 351 ;'~l 00+ ,,;', 5 oe N OT...ES N OT ES DISTANCE FROM CURB = distance in feet from the curb or pavement edge to the nearest partoft he sign ~ HEI GHT.= heightofs ignmeasured from the el evat.i on of>the curb or pavement edge" No freestanding sign shall exceed 35 feet in height except as in (5) below. On corner lots only the frontage street (as>defined in (4) above) can be used to determine height and area. Tracts with a minimum of 100 ft. of frontage on S.H.6E.Bypass may have signs up toa maximum of SO ft" in height with a minimum distance from curb of 100 feet.