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HomeMy WebLinkAboutOrdinance ,'I'" ~ ORDINANCE NO. ..1954 AN ORDINANCEAMENDINGSECfION 12,SIGNREGUIATIONS, OF ORDINANCE NO. 1638, THE ZONINGORDINANCEFQRTHECIlY OF COLLEGE STATION,SPECIFICALLYTOMAKE A D... ISTIN.CTI........ ONBE'lWE...... EN COMM....ERCIAL.ANDNON~CO.. MMERCIALSIGNS, AND TO ALLOW .. . OFF-PREMISE~IGNS ONCIlYPROPER1Y THROUGH ACTS OF COUNCIL WHEN CERTAIN CRITERIA HAVE BEEN MET. WHEREAS, the City'CouncU'oftheCityofCollege Station,T~as, held a public. hearing in the City Hall at 7:00p.m. on Thursday, April 9, 1992, on the question of allowing certain commercial and noncommercial. signs. on City property; ANDWHEREAS,the City Council has determined that off-premise signage may be appropriate in certain instances ; AND WHEREAS, the City Council has determined to amend this section; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS: Amend Section 12 SIGN REGUlATIONS to read. as follows: SECTION 12. SIGN REGUlATIONS 12.1 PURPOSE: The purpose ofthissectlon is to establish clear and unambiguous regulations pertaining to ~igns in.. the . City. of College Station and to promote thereby an attractive community. foster traffic safety. and enhance the effective communication and exchange of ideas and commercialinfonnation. The City Council of the City of College Station hereby finds the following legislative facts: Theproliferatlonofsigns creates commercial confusion and makes it difficult fortravelers and motorists to locate. the. goods and services . they seek. The increasing height of signswithintheCity is an endless battle for a higher and Illore visible sign, and a reasonable limitation on theheightofsig~s Is necessary to prevent visual pollution, p otential windstorm damage, . injury or death. Excessive height. in signs creates clutter and is unsightly and offensive to the members of this council and many, if not most, of the citizens In College Station. The establishment of a reasonable . maximum . height for signs. wlllallow effectlvecommunicatlon,. prevent altitude competition, and will not penalize smaller business concemswhich may not be able to com.pete for aerial superiority. Reasonable provisions pertaining to size, scale, location,design,llghting,pennanency, and maintenance'.are.necessary to avoid visual clutter, preserveand..improve the appearance. and character of the community, to avoid trafficproblemscaused.by distractlngsignsor structures in close proximity to' streets,.whichcompete . with traffic signs and signals. for the attention. of motorists, and to prevent deterioration, disregard, and abandonment of signs or structures. This section will complement the provisions of the Federal Highway Beautification Act of 1972. The Council recognizes that signs are necessary for visual communicatlonforpublic conve- nience, . and that. businesses and other activities have. the right.. to. identify .themselve~ .py using signs which are incidental to the use on> the premises where the signs are located~ The City- Council herein seeks to provide a reasonableoalance between the right of a person to identify Zoning Ordinance Page 12-1 his or her business or activity, and the rights of the public to be protected against visual discord and safety hazards that result fromH the unrestricted proliferation, location and construction of signs. ThIs. section will insure that. signs are compatible with adJacent land uses and with the total visualenvlronment of the community, in accordance with the City's comprehensive plan for zoning and' land use. The City Council finds that the rights ofresidents of this City to fully exercise their rights of free speech by the use of signs containing non-commercial messages aresubj ect to minimum regulation regarding... structural safety and. setbacks for purposes of traffic protection. The Council seeks herein to provide for the reasonably prompt removal and disposal of such signs after they have served their purpose, and yet to avoid any interference with First Amendment freedoms, especially as to persons who are of limited financial means. The Council finds' that instances may occur in . the.. application of . this section. where strict enforcement w.ould deprive a person of the reasonable use of a sign, or the reasonable utilization of a sign in connection with.. other related property rights, . and herein provides for such persons to have the right to seekvariances from the requirements of this chapter for good cause. The Council finds that it is imperative that enforcement officials apply this section as it is written, in the interest of equality and fair'and impartial application to all persons. and that the use of the variance procedure shall remain the sole administrative means to obtain any exception to the terms hereof. 12.2 DEFINITIONS SIGN means any written o.r graphic representation, decoration, form, emblem, trademark,flag, banner, or other feature or device of similar character which is used for the communication of commercial information, or communication of ideas or subJects of political significance, and which: Al. Is a structure or any part th ereof, including the roof or wall ofabuildmg, or a freestanding wall or fence; Et Is written,printed,proJected,painted, constructed or otherwise placed or displayed upon or designedlntoa building, board,. plate, canopy,awningor vehicl~, . or upon any material,obj ect or. device whatsoever; and (~. By reason of its form, color, wordiIlg,.symbold~sign,illuminationormotionattracts oris designed to attract attention to the subJect thereof, oris' used as a means of identification, advertisement .or.'announcement. . [). A. sign shall be considered to be. a single display surface, . a double-faced display surface, or displaydevlce containing..'elements.clearly..organized,..related and.composed to form a'.unlt. Wherematteris'.displayediIlarandommanner without organized relationship of elements or where there-'isreasonabledoubt.. about the relationship of elements, each 'eleIIlent . shall be considered tobeasingle . sign; provided, . however. that th.edisplay ofmerchandise through. glass windows in any zone where such merchandise may be sold in the ordinary course of business shall not constitute a sign or signs. APARTMENI'ICONDOMINIUMIMOBILE HOME PARK IDENTIFICATION' SIGN: An attached signora freestanding sign with pennanentfoundatioIl or moorings, designed for identification ofa multi-family residential projector a m.obile home park project, and where adequate provision is made forpennanent maintenaIlc.ehereunder. As amended by Ordinance No. 1695 dated February 12, 1987. AREA · ID ENTIFICA.TI ON SIGN: A freestandmgor . wall sign with permanent fou-Hdallonor moorings, designed for identification of subdivisions of ten (10l to fifty (50) acres, oridentifica- Page 12'.- 2 Zoning Ordinance tionof a distinct area within a subaivision, and where adequate provision is made for maintenance. hereunder. ATTACHED SIGN :A sign . attached to or applied on and totally supported bya'part ,of a building. " . BANNER/FLAG: Apiece of fabriC' used for decoration (contains no copy or logo) or for identification. (contains copy and I or logo). COMMERCIAL SIGN: A sign. which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing. DEVELOPMENT SIGN: A sign announcing a proposed subdivision or a . proposed bunding project. As amended 'by Ordinance No. 1702 ,dated April 23, .1987. DIRECTIONAL TRAFFIC CONTROL SIGN:>A sign utilized as a traffic control device in off-street parking or a.ccess areas. FREESTANDING COMMERCIAL SIGN: A sign supported by one or more, columns, poles or bars extended from the ground or from an ObJect on the ground, or that is erected ot;l the ground: the term includes all signs which are TIot substantially supported by a bulldingor part thereof, or which are substantially supported by abuilding .,.or part thereof, . when the sole. significant purpose of the building or part thereof. is to support or constitute the sign. FUEL PRICE SIGN: A sign used to advertise the current price of fuel at locations where fuel is sold. HOME OCCUPATION SIGN: A sign used to identify the name and occupation of a person with a legal home occupation. LOW PROFILE SIGN: .A'sign with a permanent foundation which is' not' attached to abuilding. but isa stand-alone signa.nd which does not exceed 60 S.F. in area and 4 feet in height. NON -COMMERCIAL SIGN: A work of art or message which is political, religious, or pertaining toa point of view, expression, opinion,oridea that contains no reference to the endorsement, advertising of, or promotion Qfpatronage ofabusiness. commodity, seIVice, , entertainment or attractionthat'is sold, offered or.existing. OFF-PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold,' offered,.. or existing elsewhere than upon the premises where such ,sign is displayed. ON-PREMISE COMMERCIAL SIGN: .A sign which dlrects attention to a business,. commodity. service. entertainment,'orattraction sold, offered, orexistlngupon the premlseswhere such sign,"is displayed. ThIs definltiondoes not ,iIlcludenon-commercial, signs. POLITICAL SIGN: Any sign which. promotes a candidate 'for any public office or which advocates a position on any social issue as its primary purpose. Political signs shall be considered in the category ofnon...commer~lal signs except wh erethere are regulations pertaining to their removal afteranelectlon. , PORr'ABLE SIGN: A sign which. is not affIXed or 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,pnd any sign which Is constructed so astositupon the surface of the ground, without subsulface attachmentor-extensfon. Zoning Ordinance Page 12-3 PREMISES: An area of land planned and designed .as a single comprehensive project, considered from the time the plan is first submitted to the Planning Department either at plat stage or site plan stage. REAL ESTATE, FINANCE and. CONSTRUCTION SIGN: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising same for sale orlease ,or advertising the furnishing of interim or permanent financing fora project, or for thefurrushing of labor, materials or the practice of crafts on the job site. ROOF SIGN: An outdoor advertising display sign..erected, constructed".or maintained on the roof of a building or which is wholly dependent upon a building for support,' and which projects above the point ofa building with a flat roof, sixfeet above the eave line of abuilding with a shed, gambrel, gable or hip roof, orthe deck line ofa building with a mansard roof. See illustrations at the. end of this section. ' . SUBDNISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or moorings, designed for pennanentidentification ofa su bdivisionof greater than fifty (50) acres, and where adequate provision is made for permanent maintenance hereunder.; 12.3 GENERAL PROVISIONS P:~. BUILDING PERMITS: Apennit shall be required for the followingtypes of signs: Apartment/CondominiumlMooile Home Park Identification Signs Attached Signs Development Signs Freestanding Signs Roof Signs Subdivision and Area Identification Signs Permits shall be issued by the Building Official with approval by the Zoning Officialupon receipt of a 'properly completed application which demonstrates that the applicant's' request is in accordance with the provisions of this section and the City's Building Code. ,The fee for such pennitsshallbeestablishedby the City Council from time to time by resolution. No permit shall be required for the fol18wing signs: Real Estate,. Finance. and Construction Signs Directional Traffic."Control Signs Home,.. Occupation Signs Non-commercial Signs As amended by Ordinance No. 1695 dated February 12,.1987. B. SUBDIVISION AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property lnanyzone to identify subdivisions.. often (101 to fifty (501 acres in size and subject totherequirernents.set forth in Table II. Area Identification signs may also be used within a large subdivision to Identify distinct areas within that subdivision, subJect to the requirements in Table!l. Su bdivlsion signs shall be permitted 'upon private property in any zone. to, identify subdivisions of greater than fifty (50lacres, subject to the requirements set forth in Table II. Both area identification and subdiviSion signsmustbe located on.the premises as identified by a preliminary or master preliminary plat of the subdivision. Subdivision signswill be.perinitted only at maj or intersections on the perimeter of the 'subdivision (intersection oftwoC-Ollector or Page 12 - 4 Zoning Ordinance larger streetsl~Ateach. intersection eithetoneortwosu bdivision signs may be permitted so long as the total area of the signs does not exceed .150 square feet. Banners or flags may be utilized as subdivision'identliication..signs.but.the Qverall.height shall not exceed sixty (60) 'feet. Indirect lighting is permissible but no optical effects, moving parts or alternating, erratic or flashing lights shall be permitted.., Landscaping valued' at 250 points ( as described in , Section II of the Zoning O:rdinancel shall be iI1stalledaround each subdivision sign. Adequate arrang~ments for permanent maintenance of allsignsandanylandscapingin conJunction with such signs shall be made, which may be through an owners association if one exists or is created for this purpose. c. APARTMENT/CONDOMINIUM/MOBILE HOME PARKID ENTIFICATI ON SIGN: An apartment/ condominillmlmobile.home park identification ,sign may be.,.eitheranattached, sign or a freestanding sign. ,It ,shall' be placed upon the .prtvatepropertyof.,a particular multi-family project iJJ.a:Q R4,R50r R6zoneor mobile home park in an R7 zone subj.ect to the requirements set.forth,inTableII. The apartment/condominium/mobile home park identification sign shall list the r;t.ameand facilities available and may have leasing or sales information incorporated asapartiofthesign. AnapartmentorcondominiumproJectmusthave.,aminimum of24 dwelling units to qualify for an identification sign. Indirect lighting is permissible, but no optical effects, mOving~arts, or alternating,. erratic or flashing lightsorde~ces shallbepermitted. Any mobile home parks existing at the tim~ of this ordinance that are non-comorming may still utilize an identification sign meeting' the provisions . of this section, and Table, II. I As amended by Ordinance No. 1695. dated February ,12, 1987. D. DEvELOPMENT SIGN: A development sign maybe placed only on private property subject to the.requirements.in Table II. _ A ,development sign fora building project . shall. be'. removed if the project has not received a buildingpennftat the"end. of twelve, (121 months. The Zoning Official may renew thesig1;l permit forone(l) additional twelve (12) month period upon request. Once abuilding permit for the proJectisrecelved,thesign may stay in place until 75 percent of the project is leased or a permanent sign is installed, 'whichever comes first. A development sign for, ,a 'proposed. subdivision. shall be. ,removed if .a. ,preliminary or final plat has not been approved by the end of twelve (12lmonths. The Zoning Official may renew the sign permit for one (11 additional. twelvo (12l.month period upon request. Once a plat has been approved, the sign permit is valid as long as apreliminaryplatisln effect. or in the absence of a'valid preliminary plat, for twenty-four124l.months from the date of approval of,a final plat. As amended by Ordinance No. 1702 dated April 23, 1987. E. DIRECTIONAL TRAFFIC CONTROL SIGN:. Directional Traffic .Control signs may be. utilized as traffic control devices in off-streetparkirlg areas subJectto the requirements setforth in Table II. Logo or copy may be permitted but shall be less than 50% of the area of the directional sign. No '.directianal,trafficcontrol sign shall, .be . permitted . within, or ..upon the ,'right-of-way of any public street unless itsconstructlon. design, and location have been approved by the City Traffic Engineer. F. POIITABLESIGNS:. Portable Signs are not permitted within the City Limits of the City of College Station. G. REAL ESTATE/FINANCE/CONSTRUCTION SIGNS:. One real estate sign not exceeding sixteen (16) square feet in total area (exclusive. of stakes and. posts). may be erected at any time while a property is>offered for sale or lease to the public. Properties with a minimum of 150 feet of frontage shall be allowed one real estate sign not exceeding 32squarefeet..:Jn' l'6tal area.- Properties with a.minirnumof2acres and frontage 'on 2 streets shall be allowed one real estate Zoning Ordinance Page 12-5 sign on each frontage street with the area of the sign to be determined by the amount of frontage as. stated' above. One finance."sign 'and three construction signs (for a total of4, signs), not exceeding 16 square feetintotal area each (exclusiveofstakesandpostslmaybeerected once a building permit has been issued on a property .. Properties witharninimum of 10 acres and 1,000 feet of frontage shall be allowed one finance sign and three construction signs not exceeding 32 square feet in total area eacho Real estate,.,finance and construction signs may be either attached,orfreestandmg and only those visible from the street are limited in number (see exempt signs Section . 12.3 P.). All such signs shall be maintained by the persons in control of the premises so' as to remain erect and in good repair. Such signs shallbe removed by the property owner or other person in control of the premises if they are damaged, broken, or incapable. of remafningerect. Such signs must be removed by the owner or person in control. of the premises when either the property has sold or been leased. andlorwhen performance, under the construction contract or subcontract (in the case of construction signslhas been completed. In all cases,financmg and construction signs shall be removed priorto issuance of a certificate. of occupancy. H. NON-COMMERCIAL SIGNS: POLITICAL SIGNS: This section does not regulate the size: content or location of non-commercial signs political signs. except as follows: 1. No commercial message shall be.shown on any non-commercial sign. 2. No non-commercial sign: (a) May be located within public road right-of-way of the State of Texas; or (b) May be located off the premises of the property owner who is displaying the sign; or (c) May exceed the restrictions set forth in Table 1; or (d) May be located within. any sight distance,triangle as defined by the Zoning Ordinance or where determined by the City Manager or his designate as a location that would hinder intersection visibility: or (e) May be located within the City Right of Way adjacent toundevelopedpropertyo This provision is necessa:rytoavoid clutter,proliferatlon and dangerous distraction to drivers caused by close proximity of such signs to automobile traffic, to avoid damage to automobiles which may leave the paved surface intentionally or by accident, and to avoid the necessity for pedestrians to ,step into the roadway to bypass such signs. No regulatory altemativeexists to accomplish' this, police power obligation. In the event that any political sign is located ina public right-of-way of the State,. it shall be removed by the City. All political signs shall be removed within ten (10) days after the. election. I. HOME OCCUPATION SIGNS: A person having a legal home occupation may display. a home occupation sign on the face of the building . or porch ,()f a residence. The sign may contain only the name and occupation ofthe resident. It shall be attached directly to the face ofthe building or porch. It shall not exceed 2 square feet in area, shall not be illuminated in anyway, and shall notproJectmore than 24 inches beyond the building or porch. No permit is required. -No"dlsplay of merchandise or other forms of commercial communication shall beallowed:- .withina Page 12 ... 6 . Zoning Ordinance residential area, unless same are inexistence prior to the adoption of this section in connection with a use which is presently a lawful non-conforming use within the district. Such non- conforming signs maybe maintained until. thenon-conformingduses . of the building cease, subJect to the requirements for maintenance here In. . Discontinuance of the use ofsuch a sign formore than 3monthsshallprevent fntureuse, even if the non-conforming use of the premises is continuous. J.ROOF' SIGNS:" Roof signs shall be regulated as freestanding signs. K. FREESTANDING.COMMERCIALSIGNS:.Freestanding commercial signs are allowed only.on developedcommercialproperty inA-P" C-1, C-2, C-3,M-I. and M- 2 zones. Onefreestandmg sign shall be allowed.inanA-P.zone only when the premise has a minimumof2acres" subject to the requirements .set forth in Table II. One low profile sign shall be<allowedinan A-P zone when the premise has less than two (2) acres subject to the requirements set forth in Table II. Height, area and setback requirements for- all other freestanding signs are found in Tables land II. See Section 12.3'.M. concemingbanners and flags. A premise with ,less than 75 feet of frontage, shall be allowed to use one low profile sign. A premise with more than 75 feet of frontage shall be allowed to use Table I'standards for one freestanding sign rather than one low profile sign. A premise with more than .150 feet 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 miniInum'sep.aratlon between signs of 150 feet. Premises with less than 75 feet of frontage maybe combined in order to utilize signage corresponding to the resulting frontage as described in the preceding two paragraphs. The sign applicant may elect the frontage street where two streets at the comer are classified the sameonthethoroughfare plan. If on two differently classified streets, then the greater shall be considered the frontage street. No more ~hanonefreestanding sign shall be allowed on any premises except when all of the following conditions are met: 1. The site mustbezonedC-l,C-2,C-3, M-1 orM-2. 2. The site must be twenty-five (25lacresormore in area. 3. The site must have 1,000 feet (or morel of continuous unsubdivided frontage on any major arterial' street,..lasclassified in the thoroughfare plan) toward which one additional freestanding. sign Is to be displayed. Balloons or gas-filled obJects may be used. for display or advertising for special events with no requiredpennit.Maximumheight sixty (60) feet. One use 'allowed for 3 days maximum time per premise per .30 day period. As amended by Ordinance No. 1676 dated September 11, 1986. L. ATTACHED SIGNS: Attached signs in areas zonedC-N,A-P, C-l, C-2, C-3, M-I, and M-2are commercial signs under this section. An attached sign .shall advertise only the name of, uses of. or goods or services available within the building to which the sign is attached. Such sign shall be parallel to the face of the building, shall not be cantilevered away from the structure, and shall not extend more than one foot from any exterior building facetmansard,~~g or canopy (see Roof Sign definitionl. There shall be no painted roof signs. . ; -, Zoning Ordinance Page 12-7 M. FIAGS: One freestanding corporate flag per premise, not to exceed 40 feet in height or 100 sq. ft. in area is allowed ih multi-family, commercial, and industrial zones or developments. N c, SIGNS FORCONDITION.AL USES: .'Signs for conditional uses shall comply with the regulations for the zoning district in whiCh the conditional use is permitted. An applicant wishing to propose signageusing the requirements ofazonlngdlstrict dilfe~entfromtheone in which the conditional use is permitted must receive 'approval from the Planning and Zoning Commission as part of the conditional use permit process. After receipt ofa recommendation of the City Planner, the Commission may permit the requtrementsofa different zoning district to be used for the purposes of signage.when the Commission. finds: 1. That the proposedsignage"is compatible, with signage.allowed'in surrounding zoning districts. . . , 2. That. the 'proposed signage meets the intent of this section; and, 3. That the proposed signage is in harmony with the development, policies~ and goals and objectives embodied in the Comprehensive Plan for development of the City. 0.. PROHIBITED SIGNS: The following signs shall be prohibited in the City ofCollegeSJtation: 1. Portable' and Trailer Signs.. 2. Off premise signs, both corpmercial and non-commercial, except on City of College Station property where there has been a determination and minute order of the City of College Station City Council which finds that the display of the sign does as follows: (i) promotes a positive image of the City of College Station for the attraction of business or business or tourism; and (ii) depicts an accomplishment of an individual or group; and (iii) creates.,a positive community spirit. Upon such order the 'City of College Station canauthonze, upon approved construction plans, the following: (i) a sign onaCityofCollege Station water tower; or (il) an entrance sign to be located on City of College Station ,property such that it is visible from the HIghway Six East By-pass; or (tii) a sign to be located on City rights of way. 'Said sign shall be displayed for a period ordered by the City Councilor as may brdecided by it from time,to time. 3. 8ignspainted .onroof tops. 4. Banners or flags containing copy or logo, exclu ding the flags of any country, state, city or schoolarepr()hlbitedin.. residential zones and on any residentially developed property (except when flags are '.usedassubdivision signs). 'Flags as descrlbedlnSection 12.3M. and Section12.3P. "will be permitted. 5. Signs. and displays with 'flashing, blinking. ot 'traveling lights, . or erratic or other. moving 8 Zoning Ordinance parts, either intemal or extemal to the premise, and oriented and visible to vehicular traffic,providedthat time and temperature signs are permissible if the maximum area and setback requirements of this section are met andjf the commercial information' or .content of such signs is restricted to no more than 8 square feet. 6. Any signs which are. intended to or designed to resemble traffic signs or signals and bear such words as "stop", "slow", . "caution", "danger", "warning", or other words, and which are erected for purposes other thanactualtraffic control or warning to the public. 7. Any sign which. emits sound, odor or visible. matter. 8. Banners. are. prohibited in residential zones and. on any residentially zoned . property. Banners will be treated as attached or freestanding signs, as' applicable, when used on comm.ercialorind ustrial' properties. As amended by Ordinance No. 1676 dated September II, 1986. P. EXEMPT SIGN: The following' signs are exempt from the requirements.. of this chapter: 1. Signs that are. not easily read from beyond the boundaries of the lot or parcel on which they are located OF. from any public thoroughfare or traveled right-of-way. Speh signs are not exempt ,from the safety regulations contained herein and in Citybuilding'and electrical codes. 2. Official notices posted by govemm~nt officials in the performance of their duties; government signs controlling traffic, regulating public conduct, identifying streets, or waming of danger. (Bulletin boards. oridentlfication signs accessory ,to government buildings, or other buildings are subJect. to the.'. provisions of this chapter.) 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect or condition, or other hazard to the public. 4. Non~commercial signs .on private property or works of art that in no way identify or advertise a product or business, or by their location and placement impede traffic safety. 5. Temporary decorations or displays, if they are clearly incidental to' and arecustomarlly and commonly assOCiated witb any national, local or religious celebration. 6. Temporary or permanent signs erected by public utilities or construction companies to warn of the location of pipelines, electrical conduits, or other dangersorconditlons in publiC 'rights-of-way. 7. 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 orthe type of business, that are located on movingvans,delive:ry trucks,. trailers and other commercial vehicles: but only if the primary purpose of such vehicles is not for the display of the signs thereon, and only if such vehicles are 'parked or stored in areas appropriate to their use as commercial or delivery vehicles, such as service areas or locations close to the business bullding(slaway from public traffic, areas. 8. Signs carried by a person and not set on or affixed to the ground. 9. Outdoor advertising display signs for sponsors of charitable events held on public properties. These'signsmaybedisplayedfor the duration.oftheevent or not more than 3 days with approval of the City Manager. . ......... ,; 10. Flags used as political symbols being the United State~ and Texas flags o~y. Zoning ,Ordinance Page 12-9 11. Flags used solely for decoration and not containing any copy or logo and located only in multi-family,commercial, and industrial districts or developments. In, multi-family developments, such flags will be restricted to twenty five (25) square feet in area, 30 feet in height. and the number shall be restricted to no more than 12 flags per building plot. 12. Balloons and/orother gas filled obJects loe ated in any zoning district; which balloonandl or gas filled obJect shall not exceed twenty' (20) feet in height arid shall not contain or display any logo but shall be used solely for decorative purposes. As amended by Ordinance No. 1676 dated September 11, 1986. ~~. FUEL PRICE SIGN: Service stations will be allowed one sign per site, the area of which shall not exceed 16 square feet and. will not be included in the ,allowable area of any freestanding sign. This sign cannot be located within the right-of-way. F~. STRUCTURAL REQUIREMENTS: 1. Abuilding permit shall be required in addition to any permit under this section, in accordance with the provisions of the College Station Building Code. The provisions of this ordinanceshallcon.trol over the provisions .of the Building Code only where clearly inconsistent therewith. 2. Abandoned, Damaged. or Unsafe Signs: (a) The provisions of this section ,shall apply; when 'in conflict with the.provisions of the Building Code, but where the provisions ,of both ordinances are not inconsistent, the ' enforcement of either shall be permissible and 'remedies, or penalties cumulative. (b) All abandoned signs andtheirsupports shallbe removed within 60 days from the date of abandonment. All damagedsigIlsshallbe repaired or removed within 60 days. The Zoning Official shall have authority togranta30 day time extension where he .- determines there is a reasonable necessity for same. (c) Discontinuance of use or removal of any non-conforming sign or. any sign in connection with a non-confom1inguse shall create a presumption of an intent to abandon said sign. Anon-conforming sign that is ,damaged and not repaired within sixty (60) days shaIlbe presumed to be abandoned. S,. MISCELlANEOUSREGUI.ATIONS: 1. No sign shall be placed lna City of College Station drainage or utility easement unless approval is granted by the City Engineer. Location in an easement shall be subject toa written agreement entered into by all parties involved. Any damage to orrelocation of signs located in easements because of the City's use of the easement shallbe the responsibility of the owner of the, sign. The City, when. possible,. shall give the owner prior notice of the use of the easement which willatrectthe sign. This isaIsoapplicable to all exempt signs. 2. Signs may be iIitemaIlyor externally lighted as long as the light is so designed as to be shielded away from adJoining,residentialpremises and. does 'not impair drivers'visibility on adJoining rights, of way. T. AMORTIZATION AND ABATEMENT OF NON-CONFORMING SIGNS: The following types of signs shall become non-confOrming upon passage of this section, and shall be"brought into compliance or removed. within.6.months of the date .qf this ordinance: ' ,. - Page 12 - 10 Zoning Ordinance ", ' . ~ Prohibited signs as defined in Section 12.0. 12. 4 VARIA~rCES A. GENERAL PROVISIONS: The Zoning Board of Adjnstment shall. have jurisdiction to hear requests for a variance from the terms of this section. For thegrantlngof a variance, a favorable vote of no less than40f5membersofthe Zoning Board of AdJustment shall be necessary. The Board shallbe auth,orizedto grant a variance from the terms ,hereof if,andonlyif. they find that the strict enforcement of this section would create a substantialhardship to the applicant, by virtue of unique specIal conditions not generally found. withIn the City, and that the granting of the variance would preserve the spirit and intent of the Ordinance, andwouldseIVe the general interests of. the public and the applicant. SEVERABILI1Y: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the . ordinance as a whole or any part thereof other than. the part so declared to be unconstitutional or invalido This ordinance shall become effective from and after its passage in accordance with the, City Charter of the City of College Station. except that Section 12 .H. 2 (elshall become effective from and after June 2. 1992. PASSED, ADOPTED. AND APPROVED this.nineth.day.ofApril, 1992. APPROVED: ~ Ma .. .. ... .rry.. . .... .... City Secretary., Connie Hooks Page' 12-11