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HomeMy WebLinkAbout1992-1954 - Ordinance - 04/09/1992ORDINANCE NO. 1954 AN ORDINANCE AMENDING SECTION 12, SIGN REGULATIONS, OF ORDINANCE NO. 1638, THE ZONING ORDINANCE FOR THE CITY OF COLLEGE STATION, SPECIFICALLY TO MAKE A DISTINCTION B~EN COMMERCIAL AND NON-COMMERCIAL SIGNS, AND TO ALLOW OFF-PREMISE SIGNS ON CITY PROPERTY THROUGH ACTS OF COUNCIL WHEN CERTAIN CRI'I'~:RIA HAVE BEEN MET. WHEREAS, the City Council of the City of College Station, Texas, held a public hearing in the City Hall at 7:00 p.m on Thursday, April 9, 1992, on the question of allowing certain commemial and non commemial signs on City property, AND WHEREAS, 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 Io read as follows: SECTION 12. SIGN REGULATIONS 12.1 PI. rRPOSE: The purpose of this section is to establish clear and unambiguous regulations pertaining to signs 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 commercial information. The City Couv-cfl of the City of College Station hereby finds the following legislative facts' The proliferation of signs creates commercial confusion and makes It difficult for travelers and motorists to locate the goods and services they seek. The increasing height of signs within the City is an endless battle for a higher and more visible sign, and a reasonable limitation on the height of signs is necessary to prevent visual pollution, potential 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 will allow effective communication, prevent altitude competition, and will not penalize smaller business concerns which may not be able to compete for aerial superiority. Reasonable provisions pertaining to size, scale, location, design, lighting, permanency, and maintenance are necessary to avoid visual clutter, preserve and improve the appearance and character of the community, to avoid traffic problems caused by distracting signs or structures in close proximity to streets, which compete 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 Beautificatton.a~ct of 1972. The Council recognizes that signs are necessary for visual communication for public conve- nience, and that businesses and other activities have the right to identify themselves by using signs which are incidental to the use on the premises where the signs are located. The City Council herein seeks to provide a reasonable l~alance 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 lhat result from Ihe 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 for zoning and land use. The City Council finds that the rights of residents of this City to fully exercise their rights of £ree speech by the use of signs containing non-commercial messages are subject to minimum regulation regarding structural safety and setbacks for purposes of tralllc 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 intert'erence 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 would deprive a person of the reasonable use of a sign, or the reasonable utilization ora 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 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 usc 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 or graphic representation, decoration, form, emblem, trademark, flag, banner, or other feature or device of similar character which ia used for the communication of commercial information, or communication of ideas or subjects of political significance, and which: Ao Is a structure or any part thereof, including the roof or wall of a building, or a free standing wall or fence; Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning or vehicle, or upon any material, object or device whatsoever; and By reason of its form, color, wording, ,symbol design, illumination or motion attracts or is designed to attract attention to the subject thereof, or is used as a means of identification, advertisement or announcement. A sign shall be considered to be a single display surface, a double-faced display suri'ace, or display device containing elements clearly organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there ia reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. provided, however, that the display of merchandise through glass wnidows in any zone where such merchandise may be sold in the ordinary course of business shall not constitute a sign or signs. APAIZrME~/CONDOMINIUM/MOBILE HOME PARK IDENTIFICATION SIGN: An attached sign or a freestanding sign with permanent foundation or moorings, designed for identLqcation of a multi-family residential project or a mobile home park project, and where adequate provision is made for permanent maintenance hereunder. As amended by Ordinance No 1695 dated February 12, 1987. AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foutadation or moorings, designed for identfficatlon of subdlvislorts often (101 to fifty (50) acres, or identiflca- Page 12 - 2 Zoning Onlinance tlon of a distinct area within a subdivision, and where adequate provision Is made for maintenance hereunder. ATTACH ED SIGN: A sign attached to or applied on and totally supported by a part of a building. BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and/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 building 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 access 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 on the ground; the term includes all signs which are not substantially supported by a building or part thereof, or which are substantially supported by a building 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 a building. but is a stand-alone sign and which does not exceed 60 S.F. in area and 4 feet in height. NON-COMMERCIAL SIGN: A work of art or message which ts political, religious, or pertaining to a point of view, expression, opinion, or idea that contains no reference to the endorsement, advertising of, or promotion of patronage of a business, commodity, service, entertainment or attraction that is sold, offered or existing. OFF-PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, cormnodity. 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 directs attention to a business, commodity, service, entertainment, or attraction sold. offered, or existing upon the premises where such sign ia displayed. This definition does not include non-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 of non-commercial signs except where there are regulations pertaining to their removal after an election PORTABLE SIGN: A sign which ts 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 foundaUon; trailer signs, any sign with wheels or skids, and any sign which is constructed so as to sit upon the surface of the ground, without subsurface attachment or-extension. Zoning Ordinance Page 12-3 PREMISES: An area of land planned and designed as a single comprehensive proJeci. 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 or lease, or advertising the furnishing of interim or permanent financing for a project, or for the furnishing 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 of a building with a fiat roof. six feet above the eave line of a building with a shed. gambrel, gable or hip roof. or the deck line of a building with a mansard roof. See illustrations at the end of this section SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or moorings, designed for permanent identification of a subdivision of greater than fifty {50) acres, and where adequate provision is made for permanent maintenance hereunder. 12 3 GENERAL PROVISIONS A BUILDING PERMITS: A permit shall be required for the following types of signs: Apartment/Condominium/Mob~le Home Park Identification Signs Attached Signs Development Signs Freestanding Signs Roof Signs Subdivision and Area Identification Signs Permits shall be issued by the Butiding Official with approval by the Zoning Official upon 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 permits shall be established by the City Council from time to time by resolution No permit shall be required for the follswing 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. Bo SUBDIVISION AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property in any zone to identify subdivisions often (10) to fifty (50) acres in size and subject to the requirements 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 II. Subdivision signs shall be permitted upon private property in any zone to identify subdivisions of greater than fifty (50) acres, subject to the requirements set forth in Table II 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 bepermitted only at major intersections on the perimeter of the subdivision (intersection of two oollector or Page 12 - 4 Zoning Ordirk~n~ 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 Banners or flags may be utilized as subdivision identification signs but the overall height shah not exceed sixty {60) feet Indirect lighting is permissible but no optical effects, moving parts or alternating, erratic or flashing lights shah be permitted Landscaping valued at 250 points {as described in Section II of the Zoning Ordinance} shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of ali signs and any landscaping in conJ unction with such signs shall be made, which may be through an owners association ffone exists or is created for this purpose. APARTMENT/CONDOMINIUM/MOBILE HOME PARK IDENTIFICATION SIGN: An apartment/ condominium/mobile home park identification sign may be either an attached sign or a freestanding sign. It shall be placed upon the private property of a particular multi-family project in an R4, It5 or R6 zone or mobile home park in an R7 zone subject to the requirements set forth In Table II. The apartment/condominium/mobile home park identification sign shall list the name and facilities available and may have leasing or sales information Incorporated as a part of the sign. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic or flashing lights or devices shall be permitted Any mobile home parks existing at the time of this ordinance that are non-conforming may still utilize an Identification sign meeting the provisions of this section and Table I1. D As amended by Ordinance No 1695 dated February 12, 1987 DEVELOPMENT SIGN. A development sign may be placed only on private property subject to the requirements in Table Il. A development sign for a building project shall be removed if the project has not received a building permit at the end of twelve (12) months. The Zoning olllclal may renew the sign permit for one (1) additional twelve 112) 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. 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 (12) months. The Zoning Official may renew the sign permit for one (1) additional twelv~ {12) 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 twenty-four 124) months from the date of approval of a final plat. As amended by Ordinance No. 1702 dated April 23, 1987. DIRECTIONAL TRAFFIC CONTROL SIGN: Directional Traffic Control signs may be utilized as traffic control devices in off-street parking areas subject to the requirements set forth in Table II. Logo or copy may be permitted but shall be less than 50% of the area of the directional sign. 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 F PORTABLE SIGNS: 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 [rontage shall be allowed one real estate sign not exceeding 32 square feet--Ln total area Properties with a minimum of 2 acres 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 of 4 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. Properlies with a minimum of l0 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. Real estate, finance and construction signs may be either attached or freestanding 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 shall be removed by the property owner or other person in control of the premises if they are damaged, broken or incapable of remaining erect 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. 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 lb) May be located off the premises of the property owner who ia 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 to undeveloped property. 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. In the event that any political sign is located In a 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. 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 may contain only the name and occupation of the resident. It shall be attached directly to the face of the building or porch It shall nol exceed 2 square feet in area, shall not be illuminated in any way, and shall not project more than 24 inches beyond the building or porch. No permit is required. No display of merchandise or other forms of commercial Communication shall be allowed within a Page 12 - 6 Zoning Ordinance resident iai area, unless same are in existence prior to the adopt ion of this section in connection with a use which is presently a lawful non-conforming use within the district. Such non- corfforming signs may be maintained until the non-conforming uses of the building cease, subject to the requirements for maintenance herein. Discontinuance of the use of such a sign for more than 3 months shall prevent future use, even ffthe non-conforming use of the premises Is continuous. J ROOF SIGNS. Roof signs shall be regulated as freestanding signs. FREESTANDING COMMERCIAL SIGNS: Freestanding commercial signs are allowed only on developed commercial property inA-P, C- l, C-2, C-3. M- l and M-2 zones. One freestanding sign shall be allowed tn an A-P zone only when the premise has a minimum of 2 acres, subject to the requirements set forth in Table II. One Iow pmille sign shall be allowed in an 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 I and II. See Section 12.3 M. concerning bannem 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 Iow 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 minimum separation between signs of 150 feet. Premises with less than 75 feet of frontage may be combined in order to vtllt~,e 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 corner are classified the same on the thoroughfare plan. If on two differently classified streets, then the greater shall be considered the frontage street. No more than one freestanding sign shall be allowed on any premises except when all of the following conditions are met' 1. The site must be zoned C-l, C-2, C-3, M-1 or M-2. 2 The site must be twenty-five (25} acres or more in area. The site must have 1.000 feet {or more} of continuous unsubdlvided frontage on any major arterial street (as classified 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 required permit Maximum height 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 zoned C-N, A-P. C- l, C-20 C-3. M- 1, and M-2 are 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 face, mansard, awning or canopy {see Roof Sign definition) There shall be no painted roof signs. - Zoning Ordinance Page 12-7 M N. FLAGS: One freestanding corporate fiag per premise, not to exceed 40 feet in height or 100 sq ft. in area Is allowed in multi-family, commercial, and industrial zones or developments. SIGNS FOR CONDITIONAL 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 signage using the requirements of a zoning district different from the one 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 of a recommendation of the City Planner, the Commission may permit the requirements of a different zoning district to be used for the purposes of signage when the Commission finds: 1. That the proposed slgnage 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. O. PROHIBITED SIGNS: The following signs shall be prohibited in the City of College Station I Portable and Trailer Signs Offpremiae signs, both commemiai 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: 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 can authorize, upon approved construction plans, the following: (l) a sign on a City of College Station water tower; or {ii} 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 {iii) a sign to be located on City rights of way. Said sign shall be displayed for a period ordered by the City Council or as may br decided by it from time to time. Signs painted on roof tops Bannem or 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) Flags as described in Section 12.3M. and Section 12.3P. will be permitted 5. Signs and displays with flashing, blinking or traveling lights, or erratic or other moving Page 12 - 8 Zoning Ordinance parts, either Internal or external to the premise, and oriented and visible to vehicular traffic, provided that time and temperature signs are permissible ffthe maximum area and setback requirements of this section are met and ff the commercial information or content of such signs is restricted to no more than 8 square feet. 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 than actual traffic control or warning to the public. 7. Any sign which emits sound, odor or visible matter. 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 commercial or Industrial properties. As amended by Ordinance No. 1676 dated September 11, 1986. P EXEMPT SIGN' The following signs are exempt from the requirements of this chapter: Signs that are not easily read from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right-of-way. Such signs are not exempt from the safety regulations contained herein and In City building and electrical codes Official notices posted by government officials in the performance of their duties; government 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 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. 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. Temporary decorations or displays, ff they are clearly Incidental to and are customarily and commonly associated with any national, local or religious celebration. 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 rtghts-of-way. Signs that are displayed on motor vehicles that are being operated or stored in the normal course ora business, such as signs indicating the name or the type of business, that are located on moving vans, delivery trucks, trailers and other commercial vehicles; but only fi-the primary purpose of such vehicles is not for the display of the signs thereon, and only ff 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(s} away from public traffic areas. 8 9. Signs carried by a person and not set on or affLxed to the ground. 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 mare than 3 days with approval of the City Manager. 10 Flags used as political symbols being the United States and Texas flags only Zoning Ordinance Page 12-9 9 ll. 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 live (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/or other gas filled objects located in any zoning district; which balloon and/ or gas filed object shall not exceed twenty {20) feet in height and 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. R. STRUCTURAL REQUIREMENTS. A building 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/his ordinance shall control 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. lb} All abandoned signs and their supports shall be removed within 60 days from the date af abandonment. All damaged signs shall be repaired or removed within 60 days. The Zoning Official shall have authority to grant a 30 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-conforming use shall create a presumption of an intent to abandon said sign. A non-conforming sign that is damaged and not repaired within sixty (60] days shall be presumed to be abandoned S. MISCELLANEOUS REGULATIONS: No sign shall be placed in a City of College Station drainage or utility easement unless approval is granted by the City Engineer. Location in an easement shall be subject to a written agreement entered Into by all parties involved. Any damage to or relocation of signs located in easements because of the City's use of the easement shall be the responsibility of the owner of the sign. The City, when possible, shah give the owner prior notice of the use of the easement which will affect the sign. This is also applicable to all exempt signs. Signs may be internally or exiernally lighted as long as the light is so designed as to be shielded away from adjoining residential premises and does not impair drivers' visibility on adjoining rights of way T. AMOKriZATION 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 of this ordinance: Page 12 - 10 Zoning Ordinance Prohibited signs as defined in Section 12 0. 12.4 VARIANCES A GENERAL PROVISIONS: The Zoning Board of Adjustment shall have Jurisdiction to hear requests for a variance from the terms of this section For the granting of a variance, a favorable vote of no less than 4 of 5 members of the Zoning Board of Adjustment shall be necessary. The Board shall be authorized to grant a variance from the terms hereof fi, and only fi, they find that the strict enforcement of this section would create a substantial hardship to the applicant, by vh-'tue 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, and would serve the general interests of the public and the applicant. SEVERABILITY Should any section or provision of this ordinance be declared by the courts to be u nconstitutional 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 Invalid. 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 21e) shall become effective from and after June 2. 1992 PASSED. ADOPTED. AND APPROVED this nineth day of April, 1992 City Secreta~,, Connie Hooks APPROVED: Zoning Ordinance Page 12-11