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HomeMy WebLinkAbout2006-2905 - Ordinance - 06/22/2006 ORDINANCE NO. 2905 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE, ARTICLE 7, "GENERAL DEVELOPMENT STANDARDS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I: PART 2: PART 3: That Chapter 12, "Unified Development Ordinance," Article 7, "General Development Standards," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provi- sions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (l0) days after its date of passage by the City Council, as provided by Section 34 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 22nd day of June, 2006. ATTEST: he; APPROVED: APPROVED: ~:k' J r.... RON SI , ayor ~~4 11-&?~/JPt lty ttorney ORDINANCE NO. 2905 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Article 7.4 "Signs", of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out hereafter to read as follows: "7.4 Signs A. Purpose The purpose of this Section is to establish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. B. Applicability The City Council recognizes that signs are necessary for visual communication for public convenience, and that businesses and other activities have the right to identify themselves by using signs that are incidental to the use on the premises where the signs are located. The Council herein seeks to provide a reasonable balance between the right of a person to identify his or her business or activity, and the rights of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location, and construction of signs. This Section will insure that signs are compatible with adjacent land uses and with the total visual environment of the community, in accordance with the City's Comprehensive Plan. 1. The City Council finds that the rights of residents of this City to fully exercise their rights of free speech by the use of signs containing non-commercial messages are subject to minimum regulation regarding structural safety and setbacks for purposes of traffic protection. The City 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. 2. The City Council finds that instances may occur in the application of this Section where strict enforcement would 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 seek variances from the requirements of this UDO for good cause. The City 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 procedures to appeal a denial of a sign permit to the ZBA shall remain the sole administrative means to obtain any exception to the terms hereof. 3. The regulations of this Section shall apply for developments within the zoning districts listed in Section 7.4.C Summary of Permitted Signs. These regulations only apply to special districts within the City of College Station so far as is stated in the following Sections of this UDO: ORDINANCE NO. 2905 Page 3 a. Wolf Pen Creek District (WPC), Section 5.6.A. b. Northgate Districts (NG-I, NG-2, NG-3), Section 5.6.B. c. Corridor Overlay District (OV), Section 5.8.A. d. Krenek Overlay District (KO), Section 5.8.B. C. Summary of Permitted Signs The following signs are permitted in the relevant zoning districts of the City: ~ g ~ :z ~ ~~ I c ~I~ - I . ApartmentJCondominium/ Manufactured Home X X X Park/Identification Signs Area Identification/ X X X X X X X X X X X X X X X X Subdivision Signs Attached Signs X X X X X X X X X X Development Signs X X X X X X X X X X X X X X X X Directional Traffic X X X X X X X Control Signs Freestanding Signs X X X X Home Occupation Signs X X X X X X X X X Low Profile Signs X X X X X X X Non-Commercial Signs X X X X X X X X X X X X X X X X Real Estate, Finance, and X X X X X X X X X X X X X X X X Construction Signs Roof Signs X X X X D. Prohibited Signs The following signs shall be prohibited in the City of College Station: 1. Portable and trailer signs, and temporary freestanding signs. 2. Signs painted on rooftops. 3. Inflated signs, pennants, wind driven devises (excluding flags), tethered balloons, and/or any gas filled objects for advertisement, decoration, or otherwise, except as permitted in Section 7.4.P, Grand Opening Signs and Section 7.4.U, Special Event Signs. 4. Vehicle signs except as permitted in Section 7.4.v, Vehicle Signs. 5. Flags containing copy or logo, excluding the flags of any country, state, city, or school, are prohibited in residential zones and on any residentially-developed property (except when flags are used as subdivision signs). ORDINANCE NO. 2905 Page 4 6. Signs and displays with flashing, blinking, or traveling lights, or erratic or other moving parts, including electronic message boards that change more than once per 24-hour period, either internal or external to the premise, and oriented and visible to vehicular traffic, provided that time and temperature signs are permissible if the maximum area and setback requirements of this Section are met and if the commercial information or content of such signs is restricted to no more than eight square feet. 7. Signs containing manual changeable copy or electronic reader boards which are greater than 30 percent of the allowable sign area. 8. Any signs that are intended to or designed to resemble traffic signs or signals and bear such words as "stop", "slow", "caution", Ildanger", "warning", or other words, and that are erected for purposes other than actual traffic control or warning to the public. 9. Any sign located within the site triangle in any district as stated in Article 7.1.C, Visibility at Intersections in all Districts. This does not include traffic control or directional signs. 10. Any sign that emits sound, odor, or visible matter. 11. Off-premise signs, including commercial and non-commercial billboards. E. Exempt Signs The following signs are exempt from the requirements of this UDO: 1. Signs that are not easily identified from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right-of-way, as determined by the Administrator. Such signs are not exempt from the safety regulations contained herein and in City Building and Electrical Codes. 2. Official notices posted by government officials in the performance of their duties: govemment signs controlling traffic, regulating public conduct, identifying streets, or warning of danger. Bulletin boards or identification signs accessory to government buildings or other buildings are subject to the provisions of this UDO. 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect, 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, except as stated in Section 7.4.R. Non-Commercial and Political Signs. 5. Temporary decorations or displays, if they are clearly incidental to and are customarily and commonly associated with 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 dangers or conditions in public rights-of-way. 7. Non-Commercial Signs carried by a person and not set or affixed to the ground, that in no way identify or advertise a product or business, or by their location and placement impede traffic safety. 8. Commercial Signs carried by a person and not set on or affixed to the ground, provided that the sign is temporary, on-premise, and not used by the person on the premises for more than three (3) consecutive days, more than four (4) times per calendar year. ORDINANCE NO. 2905 Page 5 9. Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be displayed for the duration of the event or not more than three days with approval of the City Manager; and 10. Flags used as political symbols. 11. Special District Identification Signs, as defined by Article 11.2 Terms, that in no way advertise a product or a business, or by their location and placement impede traffic safety. Special District Identification Signs must be approved by the appropriate Board or Committee. 12. On-premise and/or off-premise signs where there has been a resolution adopted by the City of College Station City Councilor an executed contract with the City of College Station and the display of the sign are for designated locations, a specified time period, and: a. Promotes a positive image of the City of College Station for the attraction of business or tourism; b. Depicts an accomplishment of an individual or group; or c. Creates a positive community spirit. 13. Temporary signs erected for a neighborhood event sponsored by a neighborhood group that is registered with the City of College Station, provided that the signage is: a. Located within the perimeter of the neighborhood, b. Provides the name of the association sponsoring the event on the sign, c. In good repair, d. Allowed up to fourteen (14) days in advance; and e. Removed within twenty-four (24) hours of the event. F. Sign Standards The following table summarizes the sign standards for the City of College Station: ORDINANCE NO. ,gO'; Page 6 SL,thdLk J\1.I\lllllllll l\1.I\lllllllll I k'll..dH !rOlll SJ~II I \Pl' All.! (s I) i- III I R(JII Ill) i'\1I11111l'J Allll\\L'd Apartment/CondominiumlManufactured 100 10 10 IIfrontage Home Park Identification Signs Area Identification Signs 16 4 10 1110-50 acre subdivision or nhase Not to exceed I Any number allowed i Varies, see foot from top of within the total allowed Attached Signs 7.5.1 below wall, marquee, or m square footage of parapet to which it attached signs is attached Not to exceed the Commercial Banners 36 top of structure to 10 IIpremises which it is attached Development Signs Residential/Collector Street 35 Arterial Street 65 IS 10 IIpremises Freeway 200 (As designated on Thoroughfare Plan) Directional Traffic Control Signs 3 4 4 IIcurb cut Ilbuilding plot where Freestanding Signs Varies, see 75.M below 10 lot exceeds 75 feet of frontage Home Occupation Signs Not to exceed top 2 of wall to which it m 1/dwelling unit is attached Low Profile Signs (In lieu of permitted 60 4 10 1/150 feet of frontage · Freestanding Sig;;i- Real Estate, Finance, and Construction 1/frontage Signs 16 8 10 (Real Estate) Up to ISO-foot frontage 32 8 10 I/property (Finance) Greater than ISO-foot frontage 3/property (Construction) Determined by Roof Signs frontage. Same 10 feet above Ilbuilding plot in place as freestanding structural roof no of a freestanding sign Max. 100 s.f. 1/primary subdivision Subdivision Signs ISO IS 10 entrance. ~otto exceed 2 signs. . Except as provided for in Section 7.4.N.I 0, Freestanding Commercial Signs. .. The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines that fully contains all extremities (as shown in the illustration below), exclusive of supports. ORDINANCE NO. 2905 Page 7 =t- r--6w---' ~i I ~Q oS'/.: I ~~ ~ - - - - -~ J WIDTH ,j<- ~~ j "'=. ( r - ., I;: I, EMBLEM ~ I ~ OR , ~ I \ DECI\L 1 L_'-:::.c__l .,1<-.''''0,,"'+ ti~-- ----: g! 1 000 SHAP€ r ~. I }L-__ ___J .,/<----w.o,,,----,f- rr- ~ I CIRCLE 1 :1:;, I I .}-L_ _..1 hDiH ..,i.. (I oooL" I -i<---.)c I WIDTH r------------------- I MULTIPLE ~ : : ELEMENTS -~ : L___.__ __ __._ _ _ __ _ __ ~~_...J G. Area Identification and Subdivision Signs 1. Area Identification Signs shall be permitted upon private property in any zone to identify multiple-lot subdivisions of 10 to 50 acres in size and subject to the requirements set forth in Section 7.4.F, Sign Standards above. Area Identification Signs may also be used within a large subdivision to identify distinct areas within that subdivision, subject to the requirements in Section 7.4.F, Sign Standards above. 2. Subdivision Signs shall be permitted upon private property in any zone to identify subdivisions of greater than 50 acres, subject to the requirements set forth in Section 7.4.F, Sign Standards above. 3. Both Area Identification and Subdivision Signs must be located on the premises as identified by a preliminary or master preliminary plat of the subdivision. Subdivision Signs will be permitted only at major intersections on the perimeter of the subdivision (intersection of two collector or larger streets). At each intersection either one or two Subdivision Signs may be permitted so long as the total area of the signs does not exceed 150 square feet. Flags may be utilized in place of a Subdivision Identification Sign, but the overall height shall not exceed 20 feet and 25 square feet in area in a residential zone and 35 feet in height and 100 square feet in area in industrial or commercial districts. 4. Subdivision markers of no more that one square foot in area and used in conjunction with a subdivision or area identification sign are permitted attached to architectural elements within the subdivision. 5. Indirect lighting is permissible but no optical effects, moving parts, or alternating, erratic, or flashing lights shall be permitted. Landscaping valued at 250 points shall be installed around each Subdivision Sign. Adequate arrangements for permanent maintenance of all signs and any landscaping in conjunction with such signs shall be made, which may be through an owners association if one exists or is created for this purpose. ORDINANCE NO. 2905 Page 8 6. All signs shall be setback as shown in Section 7.5.F, Sign Standards above except in areas where a Private Improvement in Public Right-of-way permit has been issued. H. Apartment/Condominium/Mannfactured Home Park Identification Signs 1. One ApartmentJCondominium/Manufactured Home Park Identification Sign may be located at a primary entrance on each frontage to a public road. 2. The maximum area allowed for each frontage may be divided among two signs if those signs are single sided and mounted at a single entrance. 3. An ApartmentJCondominium/Manufactured Home Park Identification Sign may be either an attached sign or a freestanding monument sign. It shall be placed upon the private property of a particular multi-family project in the appropriate zone as established in Section 7.4.C, Summary of Permitted Signs subject to the requirements set forth in Section 7.4.F, Sign Standards above. 4. The ApartmentJCondominium/Manufactured Home Park Identification Sign shall list the name and may list the facilities available and have leasing or sales information incorporated as a part of the sign. 5. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign. 6. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic, or flashing lights or devices shall be permitted. 7. Any manufactured home parks existing at the time of this UDO that are non- conforming may still utilize an identification sign meeting the provisions of this Section and Section 7.5.F, Sign Standards above. I. Attached Signs 1. Attached Signs are commercial signs under this Section. 2. Attached Signs on any commercial building or tenant lease space shall not exceed a total of two and a half(2.5) square feet per linear foot of all public entry fa9ades, with a maximum of 500 square feet of attached signage allowed for any one tenant. Multi-story businesses will be allowed 100 square feet of additional attached signage. 3. The division of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager, and not the City of College Station. 4. Signs attached to features such as gasoline pumps, automatic teller machines, mail/package drop boxes, or similar on-site features, if identifiable from the right-of-way, as determined by the Administrator, shall count as part of the allowable sign area of the attached signs for the site. Information contained on such features pertaining to federal and state requirements, and operation/safety instructions are not counted. All other signage on such features shall count towards the allowable attached sign area. 5. Architectural elements, which are not part of the sign or logo and in no way identify the specific business tenant, shall not be considered attached signage. ORDINANCE NO. 2905 Page 9 6. An attached sign: a. Shall advertise only the name of, uses of, or goods or services available within the building or tenant lease space to which the sign is attached; b. Shall be parallel to the face of the building; c. Shall not be cantilevered away from the structure; d. Shall not extend more than one foot from any exterior building face, mansard, awning, or canopy; e. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and f. Shall not be attached to any tree or public utility pole. J. Commercial Banners 1. A commercial banner: a. Shall be in good repair; b. Shall have the permit number conspicuously posted in the lower right hand corner of the banner; c. Shall be allowed in addition to the signage provided for in Section 7.4.1, Attached Signage; d. Shall advertise only the name of, uses of, or goods or services available within the building or tenant lease space to which the sign is attached; e. Shall be mounted parallel to the face of a building or permanent structure; f. Shall not be located within public road right-of-way of the State of Texas or the City of College Station; g. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and h. Except for J. 2. below, shall be allowed for a maximum ] 4-day period per permit. 2. An annual banner permit may be allowed for Places of Worship meeting in public spaces on a temporary basis. Banners allowed by this subsection shall only be displayed on the day of the worship service. 3. The applicant shall pay an application fee of $200.00 upon submission of a banner permit application to the City. The application fee is waived for a non- profit association or organization. This fee shall not apply to banners associated with special events as provided for in Section 7.4.U, Special Event Signs. K. Development Sign 1. A Development Sign may be placed only on private property subject to the requirements in Section 7.4.F, Sign Standards above. 2. A Development Sign for a building project shall be removed if the project has not received a Building Permit at the end of twelve months. The Administrator may renew the sign permit for one additional twelve-month period upon request. Once a Building Permit for the project is received, the sign may stay in place until 75 percent of the project is leased or a permanent sign is installed, whichever comes fIrst. 3. 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 months. The Administrator may renew the Sign Permit for one additional twelve-month period upon request. Once a plat has been approved, the Sign Permit is valid as long as a Preliminary Plat is in effect, or in the absence of a valid Preliminary Plat, for 24 months from the date of approval of a Final Plat. ORDINANCE NO. 2905 Page 10 L. Directional Traffic Control Sign 1. Directional Traffic Control Signs may be utilized as traffic control devices in off- street parking areas subject to the requirements set forth in Section 7.4.F, Sign Standards above. 2. For multiple lots sharing an access easement to public right-of-way, there shall be only one directional sign located at the curb cut. 3. Logo or copy shall be less than 50% of the sign area. 4. No Directional Traffic Control Sign shall be permitted within or upon the right- of-way of any public street unless its construction, design, and location have been approved by the City Traffic Engineer. M. Flags 1. One freestanding corporate flag per premise, not to exceed 35 feet in height or 100 square feet in area, is allowed in multi-family, commercial, and industrial districts. 2. Flags used solely for decoration and not containing any copy or logo and located only in multi-family, commercial, and industrial districts or developments are allowed without a permit. In multi-family developments, such flags will be restricted to 16 square feet in area. In all permitted zoning districts such flags will be restricted to 30 feet in height, and the number shall be restricted to no more than 6 flags per building plot. 3. Flags containing commercial copy or logo, excluding the flags of any country, state, city, school, or church are prohibited in residential zones and on any residentially developed property (except when flags are used as Subdivision Signs). N. Freestanding Commercial Signs 1. Any development with over 75 linear feet of frontage will be allowed one Freestanding Commercial Sign. All Freestanding Commercial Signs shall meet the following standards: a. Allowable Area J:?,(jJime 0-75 76-100 101-150 151-200 201-250 251-300 301-350 351-400 401-450 451-500 501-550 551-600+ ORDINANCE NO. 2905 Page 11 b. Area For the purposes of this Section, area shall be considered the area in square feet of a single-face sign, or one side of a double-face sign, or half the sides of a multi-face sign. c. Frontage 1) For the purposes of this Section, frontage shall be considered the number of feet fronting on a public street to which a sign is oriented. 2) On corner lots, the frontage street shall be the greater street as classified on the thoroughfare plan. Where the two streets are classified the same, the applicant may choose the frontage street. d. Allowable Height 1) The allowable height of a Freestanding Commercial Sign is determined by measuring the distance from the closest point of the sign to the curb or pavement edge and dividing this distance by two. No Freestanding Commercial Sign shall exceed 35 feet in height. 2) For the purposes of this Section, height of a sign shall be measured from the elevation of the curb or pavement edge. 3) For the purposes of this Section, the distance from curb shall be measured in feet from the back of curb or pavement edge to the nearest part of the sign. 2. Freestanding Commercial Signs are allowed only on developed commercial property established in the appropriate zones as set forth in Section 7.4.C, Summary of Permitted Signs. One freestanding sign shall be allowed in the A-P zone only when the premise has a minimum of two acres, subject to the requirements set forth in Section 7.4.F, Sign Standards. One Low Profile Sign shall be allowed in the A-P zone when the premise has less than two acres subject to the requirements set forth in Section 7.4.F, Sign Standards, above. 3. A premise with less than 75 feet of frontage shall be allowed to use one Low Profile Sign. 4. A premise with more than 75 feet of frontage shall be allowed to use standards for one Freestanding Commercial Sign located in Section 7.4.F, Sign Standards, rather than one Low Profile Sign. 5. A premise with more than 150 feet of frontage shall be allowed to use one Freestanding Commercial Sign or any number of Low Profile Signs as long as there is a minimum separation between signs of 150 feet. In lieu of one Low Profile Sign every 150 feet, hospital uses may have one low profile sign located at each driveway. 6. Premises with less than 75 feet of frontage may be combined in order to utilize signage corresponding to the resulting frontage as described in the preceding two paragraphs. 7. No more than one Freestanding Commercial Sign shall be allowed on any premises except when the site meets one of the following sets of criteria: a. The building plot, as recognized on an approved Plat or Site Plan, must be 25 acres or more in area with at least 1,000 feet of continuous unsubdivided frontage on any major arterial street or higher (as classified on the Thoroughfare Plan) toward which one additional Freestanding Commercial Sign may be displayed (see diagram below); or ORDINANCE NO. 2905 I / I I I I I I I ~II ~1a;1 I.. ~I Ill/iiil rii' I IE, I I I I I I I I I - 1_ _ _ _ _ _ _ _ _ _ I I I I property line r I I I I I o =1 SIGN o o ... Page 12 - -- -. ---..------- C=~ SIGN I I 25 Acre Minimum I I I J b. The Building Plot, as recognized on an approved Plat or Site Plan, must be 15 acres or more in area with at least 600 feet of continuous unsubdivided frontage on any major arterial street or higher (as classified on the Thoroughfare Plan) and the site must have additional frontage on a street classified as a minor arterial or greater on the Thoroughfare Plan, toward which the additional Freestanding Commercial Sign may be displayed. ------------------------------- - - -l'i I (,c~--=-=-=-=-= rS~G~-~~~=-=--- I I I I " I~, I 11;; I I~I I Is,_1 ~ ~I I~H-;;I I~I I l~ I lEI I I I I I I minor arterial or greater - -street - - - - -- o o CD I I I I I _L c--" SIGN 15 Acre Minimum -------__--.J property line ORDINANCE NO. 2905 Page 13 8. Any sign where two or more panels have separate supports extending to them shall be considered to be more than one Freestanding Commercial Sign, even where only one main support extends to the ground. 9. Sites with limited or no street frontage, due to a proliferation of pad sites, that are not contained within the building plot, as defined by the Administrator, and are fronting along a street classified as a collector or greater on the Thoroughfare Plan, will be allowed the area of the sign to be less than or equal to the square of one-sixth of the distance from the closest portion of the sign to the curb or pavement edge, with the maximum area not to exceed 200 square feet. 10. Any site defined as a single building plot, and containing one or more pad sites, shall be permitted to erect a Freestanding Commercial Sign in accordance with Section 7.4.N, Freestanding Commercial Signs, and to the standards of Section 7.4.N.l.a, Allowable Area, with the maximum area not to exceed 200 square feet. In addition, each pad site will be permitted to erect one Low Profile Sign per pad site according to the restrictions of 7.4.F, Sign Standards. O. Fuel Price Signs Facilities with fuel sales will be allowed one additional sign for the purposes of fuel pricing, either freestanding or attached, per premises. 1. The area of the fuel price sign shall not exceed 16 square feet. 2. Fuel pricing may be incorporated into the allowable square footage of a Freestanding Commercial Sign or Attached Sign. 3. This sign shall follow the setback requirements for a Freestanding Commercial Sign and shall not be located within the right-of-way. P. Grand Opening Signs 1. Flags, commercial banners, and balloons, which advertise a business's grand opening, may be displayed for one consecutive 14-day period, selected by the business owner, within 60 days of the granting of the initial Certificate of Occupancy, a change in the use, or of a change in the name of the business. A permit is required. 2. A commercial banner associated with a grand opening: a. Shall advertise only the name of, uses of, or goods or services available within the building, or tenant lease space, to which the sign is attached; h. Shall be mounted parallel to the face of the building; c. Shall not be cantilevered away from the structure; d. Shall not extend more than one foot from any exterior building face, mansard, awning, or canopy; e. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and f. Shall not be attached to any tree, fence, or public utility pole. Q. Home Occupation Signs 1. A person having a legal home occupation may have one sign on the building or porch of a residence. 2. The sign may contain only the name and occupation of the resident. 3. It shall be attached directly to the face of the building or porch. 4. It shall not exceed two square feet in area, shall not be illuminated in any way, and shall not project more than 12 inches beyond the building. 5. No display of merchandise or other forms of commercial communication shall be allowed within a residential area, unless same are in existence prior to the ORDINANCE NO. 2905 Page 14 adoption of this UDO in connection with a use that is presently. A person having a legal home occupation may have one sign on the building or porch of a residence. 6. Such a non-conforming sign may be maintained until the non-conforming use of the building ceases, subject to the requirements for maintenance herein. Discontinuance of the use of such a sign for more than three months shall prevent future use, even if the non-conforming use of the premises is continuous R. Non-Commercial and Political Signs This Section does not regulate the size, content, or location of non-commercial signs except as follows; 1. No commercial message shall be shown on any non-commercial sign. 2. No non-commercial sign: a. May be greater than fifty square feet (50 sq.ft.) in size; b. Be located within public road right-of-way of the State of Texas or the City of College Station; c. May be located off the premises of the property owner who is displaying the sign; and d. May be located within any sight distance triangle as defined in Section 7.l.C, Visibility at Intersections in All Districts, or where determined by the Administrator as a location that would hinder intersection visibility. This provision is necessary to avoid clutter, proliferation, 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 alternative exists to accomplish this police power obligation. 3. In the event that any non-commercial sign is located in a public right-of-way of the State, the City shall remove it. 4. All non-commercial signs addressing a particular event are allowed up to ninety (90) days prior to the event and shall be removed within ten (10) days after. S. Real Estate/Finance/Construction Signs 1. One Real Estate Sign not exceeding 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 32 square feet in total area. Properties with a minimum of two acres and frontage on two streets shall be allowed one real estate sign on each frontage street with the area of the sign to be determined by the amount of frontage as stated above. 2. One Finance Sign and three Construction Signs (for a total of four signs), not exceeding 16 square feet in total area each (exclusive of stakes and posts) may be erected once a building permit has been issued on a property. Properties with a minimum of ten 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 each. 3. Real Estate, Finance, and Construction Signs may be either attached or freestanding and only those visible from the street are limited in number. 4. 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 shall be removed by the property ORDINANCE NO. 2905 Page 15 owner or other person in control of the premises if they are damaged, broken, or incapable of remaining erect. 5. Such signs must be removed by the owner or person in control of the premises when either the property has sold or been leased and/or when performance under the construction contract or subcontract (in the case of Construction Signs) has been completed. In all cases, Financing and Construction Signs shall be removed prior to issuance of a Certificate of Occupancy. T. Roof Signs 1. Signs mounted to the structural roof shall be regulated as Freestanding Commer- cial Signs. 2. Painted or applied roof signs are prohibited. U. Special Event Signs 1. Signs, including commercial banners and balloons, advertising or announcing a Special Event, as defined in Chapter 4, Section 4.B of the Code of Ordinances, are permitted as a part of the Special Event License and shall be limited to the property holding the event. 2. The Special Event Signage is allowed up to 14 days prior to the event and must be removed within 24 hours of the end of the event. V. Vehicle Signs 1. 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 type of business, excluding all banners, that are located on moving vans, delivery trucks, trailers or other commercial vehicles are permitted; 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 building away from public traffic areas. 2. Signs or advertisements permanently attached to non-commercial vehicles, excluding all banners, are permitted. W. Signs for Conditional Uses 1. Signs for Conditional Uses shall comply with the regulations for the zoning district in which the Conditional Use is permitted. 2. Signs for Conditional Uses in residential or agricultural zoning districts shall comply with Section 7.4.F Sign Standards, "Low Profile Signs." X. Signs for Permitted Non-residential uses in Residential or Agricultural Districts Signs for non-residential permitted uses in residential or agricultural zoning districts shall comply with Section 7.4.F Sign Standards, "Low Profile Signs." Y. Abandoned, Damaged, or Unsafe Signs 1. 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 consistent, the enforcement of either shall be permissible and remedies or penalties cumulative. ORDINANCE NO. 2905 Page 16 2. Non-conforming signs that have become deteriorated or damaged to an extent that the cost of the reconstruction or restoration of such signs is in excess of 50 percent of its replacement value exclusive of foundations, will be required to be removed or brought into full compliance with the current sign regulations. 3. All abandoned signs and their supports shall be removed within 60 days from the date of abandonment. All damaged signs shall be repaired or removed within 60 days. The Administrator shall have authority to grant a 30-day time extension where he determines there is a reasonable necessity for same. 4. Discontinuance of use or removal of any non-conforming sign or any sign in connection with a non-conforming use shall create a presumption of intent to abandon said sign. A non-conforming sign that is damaged and not repaired within 60 days shall be presumed to be abandoned. 5. When a building is demolished, the associated signs and sign structures shall also be removed. Z. Signs in the Extraterritorial Jurisdiction All off-premise and portable signs shall be prohibited within the Extraterritorial Jurisdiction of the City of College Station."