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HomeMy WebLinkAbout1985-1576 - Ordinance - 02/28/1985ORDINANCE NO. 1576 AN OHDINANCK AMENDING SECTION 8 OF ORDINANCE 850 OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO SIGNS, GENERALLY REGULATING THEIR LOCATION, HEIGHT, AND AREA, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS that Section 8 of Ordinance 850 of the City of College Station, Texas, is hereby amended to read as follows: PURPOSE: The purpose of this Ordinance 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 Council 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 windstora 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 Statxon. 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 ordinance will complement the provisions of the Federal Highway Beautification Act of 1972. The Council recognizes that signs are necessary for visual communication for public convenience, and that businesses and other activities have the right to 004417 Ordinance No. 1576 identify themselves by using signs which are incidental to the use on the premises where the signs ere located. The City Council herein seeks to provide a reasonable balance between the right of a person to identify him or her business or activity, and the right of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location and construction of signs. This ordinance 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 right 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 miniBum 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 ordinance 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 chapter for good cause. The Council finds that it is imperative that enforcement officials apply this ordinance 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. 1 DEFINITIONS: SIGN means any written or 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: A. Is a structure or any part thereof, including the roof or wall of a building, or a free standing wall or fence; la 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 004418 Ordinance No. 1576 Ce By reason of its form, color, wording, symbol design, illumination or motion attracts or ia designed to attract attention to the subject thereof, or is used as a means of identification, advertisement or announcement. APARTMENT/CONDOMINIUM IDENTIFICATION SIGN: An attached sign or a freestanding sign with permanent foundation or moorings, designed for identification of a multi-family residential project, and where adequate provision i8 made for permanent maintenance hereunder. AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foundation or moorings, designed for identification of subdivisions of ten (10) to fifty (50) acres, or identification of a distinct area within a subdivision, and where adequate provision is made for maintenance hereunder. ATTACHED SIGN: A sign attached to or applied on and totally supported by a part of a building, that does not project more than one (1') foot from any exterior building face or mansard. BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and/or logo). DEVELOPMENT SIGN: A sign announcing a subdivision which has been platted, or a separately platted phase of development therein, or a land development for which a site plan has been approved. DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized as a traffic control device in off-street parking or access areas. FREESTANDING 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 signe 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. FURL 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. 3 004419 Ordinance No. 1576 "NUMBER' OF SIGNS: For the purpose of determining the number of signs which are subject to the provisions of this chapter, a sign shall be considered to be a single display surface, a double-faced display surface, or display device containing elements clearly organized, related and composed to form a unit. Where latter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be s single sign; provided, however, that the display of merchandise through glass windows in any zone where such merchandise may be sold in the ordinary courze of business shall not constitute a sign or signs. OFF PREMISE SIGN: A sign which identifies the primary uses of, or primary services, products or goods sold or provided on premises other than where the sign is located. POLITICAL SIaN: Any sign which promotes a candidate for any public office or which advocates a position on any social issue as its primary purpose. PORTABLE 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 foundationl trailer sigas, 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. 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 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 LINE: The line at the save of the building or at the top of an attached mansard or wall extension no more than six (6') feet above the save. ROOF SIGN: An outdoor advertising display sign erected, constructed, or maintained above or attached to the roof of a building. SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or mooringz, designed for permanent identification of a subdivision of greater than oo44 o 4 Ordinance No. 1576 fifty (50) acres, and where adequate provision is made for permanent maintenance hereunder. 2 GENERAL PROVISIONS 2.A. BUILDING PERMITS: A permit shall be required for the following types of signs: Apartment/CondoBinium 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 Official upon receipt of a properly completed application which demonstrates that the applicant's request is in accordance with the provisions of this ordinance 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 following signs: Real Estate, Finance and Construction signs Directional traffic control signs Political signs Rome Occupation signs SUBDIVISXON AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property in any zone to identify subdivisions of ten (10) to fifty (50) acres in size and subject to the requirements set forth in Table IX. 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 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 aa the total area of the signs does not exceed 150 square feet. Banners or flags may be utilized as 5 0044 1 Ordinance No. 1576 subdivision identification signs but the overall 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 Ordinance) shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of all signs end 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. APARTMENT/CONDOMINIUM IDENTIFICATION SIGN: An apartment/condominium 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, R5 or R6 sons subject to the requirements set forth in Table II. The apartment/condominium identification sign shall list the name and facilities available and may have leasing or sales information incorporated as a part of the sign. A multi-family project must have a minimum of 24 dwelling units to qualify for an apartment/condominium identification sign. Indirect lighting is permissible, but no optical affects, moving parts, or alternating, erratic or flashing lights or devices shall be permitted. DEVKLOPMENT SIGN: A development sign shall be placed upon private property subject to the requirements set forth in Table II. A development sign may only be located upon a lot or lots or a platted common area within the boundaries of the platted subdivision to which it pertains. The development sign for a project shall be removed if the project has not received e building permit at the end of 6 months. If the project has received a building permit the sign may stay in place until 75~ of the project is leased or until a permanent sign is installed, whichever comes first. The development sxgn permit must be reviewed by the Zoning Official for possible renewal at the end of 12 months. A development sign permit for a subdivision is valid as long as the master preliminary plat is valid according to the subdivision regulations, or in the absence of a master preliminary plat, for twelve (12) months after the filing of a final plat. The permit may be approved for renewal for one (1) additional twelve (12) month period by the Zoning Official. The sign must be oriented to the nearest major right-of-way adjacent to the subdivision as shown on the master preliminary plat or the final plat, whichever is applicable. 2.E. DIRECTIONAL TRAFFIC CONTROL SIGN: Directional Traffic 6 00442P. Ordinance No. 1576 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. 2.F. PORTABLE SIGNS: Portable Signs are not permitted within the City Limits of the City of College Station. REAL ESTATR/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 n minimum of 150 feet of frontage shell be allowed one real estate sign not exceeding 32 square feet in total area. Properties with a minimum of 2 acres and frontage on 2 streets shall be allowed one real estate nign 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. Properties with a minimum 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 nren erich. 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 2.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. Xn all cases, financing and construction signs shall be removed prior to issuance of a certificate of occupancy. 2.H. POLITICAL SIGNS: This ordinance does not regulate the 7 0044 3. Ordinance No. 1576 nize, content or location of political nignn except an follown: 1. No commercial message shall be shown on any political sign. 2. No political nigh which in in excenn of 2 square feet in area may be located: (a) Within public road right-of-way at a distance of lenn than ten (10) feet from the traveled portion of the roadway; (b) On a corner lot within a triangle defined by the right-of-way linen and a line joining 2 points located twenty (20) feet back from the right-of- way lines intersection. Thin provinion in necessary to avoid dangeroun dintraction to drivers caused by clone proximity of much nighs to automobile traffic, to avoid damage to automobilen 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 the above referenced areas, it shall be removed by the City. All political signs shall be removed within ten (10) days after the election. HOMH 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 not 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 ia required. No display of merchandine or other formn of commercial communication shall be allowed within a residential area, unless name are in existence prior to the adoption of this ordinance in connection with a uae which ia presently a lawful non-conforming uae within the district. Such non-conforming signs may be maintained until the non-conforming uses of the building cease, nubject to the requirements for maintenance herein. Discontinuance of the uae of such a sign for more than 3 monthn shall prevent future uae, even if the non- conforming uae of the preminen in continuous. 2.J. ROOF SIGNS: Roof signs shall be regulated an freentanding nignn. 8 0044 4 Ordinance No. 1576 FREESTANDING SIGNS: Freestanding signs ere allowed only in A-P, C-l, C-2, C-3, M-! and M-2 zones. One freestanding sign shall be allowed in an A-P zone only when the premise has a minimum of 2 acres, subject to the requirements set forth in Table II. One low profile 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 2.N. concerning banners 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 allowed to use Table I standards sign rather than one low profile of frontage shall be for one freestanding 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 es there is e minimum separation between signs of 150 feet. Premises with less than 75 feet of frontage may be combined in order to utilize signage corresponding to resulting frontage as described in the preceeding two paragraphs. the 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 sore then 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 3. The site must have 1,000 feet (or more) of continuous unsubdivided frontage on any major arterial street (as classified in the thoroughfare plan) toward which one additional freestanding sign is to be displayed. ATTACHED SIGNS: Attached signs in areas zoned A-P, C-l, C-2, C-3, M-I, 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 not extend above the roof line, shall be parallel to the face of the building, shall not be cantilevered away from 9 0044 Ordinance No. 1576 the structure, and shall not extend more than one foot from the primary surface of the building. There shall be no painted roofs. BANNERS/FLAGS: A banner or flag used as the permanent identification sign in non-residential zones shall be regulated under Section 2.H. or 2.L., whichever is applicable. SIGNS FOR CONDITIONAL USES: Signs for conditional uses shell 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 az part of the conditional use permit process. After receipt of a recommendation of the City Planner, the Commission may permit the requirements of n different zoning district to be used for the purposes of zignage when the Commission finds: That the proposed signage is compatible with signage allowed in surrounding zoning districts. That the proposed signage meets the intent of this ordinance; and, That the proposed zignage is in harmony with the development policies, and goals and objectives embodied in the Comprehensive Plan for development of the City. 2.0. PROHIBITED SIGNS: The following signs shall be prohibited in the City of College Station: 1. Portable and Trailer Signs. 2. Off premise signs. 3. Signs painted on roof tops. 4. Balloons or gas filled objects attached to any premise or structure. Banners or flags, excluding the United States and Texas flags, are prohibited in residential zones (except when flags are used az subdivision signs). Signs and displays with flashing, blinking or traveling lights, or erratic or other moving parts, either internal or external to the premise, and oriented and visible to vehicular traffic, provided that time and temperature signs are permissible if Ordinance No. 1576 the maximum area and setback requirements of this ordinance are met and if 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. 8. Any sign which emits sound, odor or visible matter. 2.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-away. Such signs are not exempt from the satiety 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.) Temporary signs erected by private property owners for the purpose of warning of a dangerous deflect or condition, or other hazard to the public. 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, if 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 rights-off-way. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the type of business, that are located on moving vans, ll 0044 7 Ordinance No. 1576 delivery 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 vehiclez are parked or stored in areas appropriate to their use as commercial or delivery vehicles, such an service areas or locations close to the busineze building(s) away from public traffic areas. Signs carried by a person and not set on or affixed 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 more than 3 days with approval of the City Nanager. 10. Flags used as political symbols being the United States and Texas flags only. 11. Banners or flags used solely for decoration and not containing any copy or logo and located only non-residential zones. in FURL PRXCB 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. 2.B. STRUCTURAL REQUIREMENTS: A building permit shall be required in addition to any permit under this ordinance, in accordance with the provisions of the College Station Building Code. The provisions of this ordinance shall control over the provisions of the Building Code only where clearly inconsistent therewith. 2. Abandoned, Damaged, or Unsafe Signs. (e) 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 end remedies or penalties cumulative. (b) All abandoned signs and their supportz shall be removed within 60 days from the date of abandonment. All damaged signs shall be repaired or removed within 60 days. The Zoning Official shall have authority to grant 0.044 8 Ordinance No. 1576 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. 2.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, shall give the owner prior notice of the use of the easement which will affect the sign. This in also applicable to all exempt signs. Signs may be internally or externally lighted as long as the light is so designed as to be shielded away from adjoining residential premises and does not ilpair drivers' visibility on adjoining rights of way. 2.T. AMORTIZATION AND ABATEMENT OF NON-CONFORMING SIGNS: The following types of signs shall become non- conforming upon passage of this ordinance, and shall be brought into compliance or removed within 6 months of the date of this ordinance: Prohibited signs as defined in Section 2.0. The City shall make no payment for the alteration, modification or removal of any sign where required by this ordinance. 3 VARIANCES GENERAL PROVISIONS: The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this Ordinance. 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 authorised to grant a variance from the terms hereof if, and only if, they find that the 00 4 9 Ordinance No. 1576 strict enforcement of this Ordinance would create a substantial hardship 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, and would serve the general interests of the public and the applicant. 3oB. AMORTIZATION: The Zoning Board of Adjustment shall have authority to grant variances to the amortization provisions of the foregoing Section 2.?. upon request of an applicant. An applicant must show to the satisfaction of the Zoning Board of Adjustment, in accordance with this substantial evidence rule, that the investment of the applicant in the sign in question has not been, or cannot be, recouped within the period set forth herein; and that the strict application of the provisions of this Ordinance are unfair as applied to the applicant. The Zoning Board of Adjustment shall establish a sat date for the compliance or removal as to any such sign in the event that it grants a variance to the terms of this Ordinaoce. 4 BNFORCBMKNT Misdemeanor Prosecution: The Zoning Official, or duly designated representative, shall have the authority to issue citations for the violation of the provisions of this ordinance. In the event that an individual signs a copy of the citation given to him or her, he thereby acknowledges receipt of same and promises to contact the Municipal Court and arrange for the entry of a plea and a hearing where necessary, within 10 days of the date of the citation. If the defendant shall not sign a citation, the Zoning Official shall proceed to prepare and file a formal complaint with the Judge of the Municipal Court, and shall seek the issuance of a warrant, delivering same to the appropriate law enforcement officer for the resulting arrest of the defendant. A person commits an offense if he knowingly, intentionally, or recklessly uses, erects, installs, maintains, or allows a sign to remain upon premises owned by or within his or her control, contrary to the provisions of this Ordinance. A person commits an offense if he or she knowingly, intentionally, or recklessly fails to perform the actions hereunder required, including the application for and receipt of a permit, and any other aspect of the construction, erection, and maintenance of any sign. An offense under this Ordinance shall be a Class C misdemeanor and shall be punishable by a fine of not les8 than Twenty-five Dollars ($25.00), and not more than One Thousand Dollars ($1,000.00) for each day such offense exists. If this Ordinance No. 1576 penalty provision is invalid, as beyond the scope of the City's authority to enact such penalty, this Ordinance shall be and remain valid in all other respects, and the maximum fine shall be Two Hundred Dollars ($200.00) per day. The City Attorney is hereby authorized to proceed by civil suit in the instance of any violation of this Ordinance and to seek the issuance of a temporary or permanent injunction, mandating compliance herewith, or prohibiting future violations hereof, without respect to efforts to prosecute misdemeanor violations hereunder, or the pendency of a formal complaint or charges alleging such violations. Removal by Zoning Official: The Zoning Official is hereby empowered to take up and remove any sign which will not be damaged by such removal, when such sign has been erected, placed, or is being maintained in violation of this ordinance. The Zoning Official shall take custody of such sign, and shall preserve and maintain such sign as the property of the owner thereof. The Zoning Official 8hall make a diligent effort to locate the owner of said sign, to notify the owner of the violation and the owner's right to reclaim the sign within 30 days after notification that it has been removed by the Zoning Official. The owner of a sign, or the person previously in possession or control of same, shall be entitled to a hearing on the issue of his right to erect, place or maintain the sign at the location from which it was removed. The Zoning Official shall additionally notify the owner or other person of such right. Such a hearing shall be conducted at the next available scheduled docket for the College Station Municipal Court, and the decision of the Municipal Judge shall be final. The Zoning Official or delegate shall have the right to remove, dismantle, and/or destroy any sign erected, placed or maintained in violation of the provisions of this Ordinance, after written notice to the owner or person otherwise in custody or control of the sign, actually delivered or mailed by certified mail, return receipt requested, to the last known address(es) of the owner or other person, and providing for a hearing upon request. The request for a hearing shall be made in person or in writing to the Municipal Clerk within 10 days of actual service of the notice of intention to remove, dismantle or destroy, or within 15 days of the mailing of such notice by certified mail. Issuance of a citation which also informs the owner of the intention to remove, dismantle, and/or destroy shall suffice. Said hearing shall be conducted by the Judge of the Municipal Court in like manner as set forth in the 004431 Ordinance No. 1576 preceding section, and the decision of the Municipal Judge shall be final an to the right of the Zoning Official to remove, dismantle or destroy said sign. 5 EFFECTIVE DATE It is ordained that this ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED AND APPROVED this 28th day of February, 1985. ATTEST: City Secretar, y, Dian Jones 'q0443 TABLE I ALLOWABLE AREAS FOR FREESTANDING SIGNS: MAXIHUtl FRONTAGE AREA' (FEET) (SQ. FT.) 0-50 25 51-100 50 101-150 75 151-200 100 201-250 125 251-300 150 301-350 175 351-q00 200 qO1-450 225 451-500 250 501-550 275 551-600+ 300 NOTES (1) FRONTAGE = the number of feet fronting on a public street to which the sign is oriented. (2) AREA = the area in square feet of a single-face s~gn, or (1) side of a double-face sign, or half the sides of a multi-face sign. (3) Area of a freestanding sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contain all extremities, exclusive of supports, of a horizontal view of the sign. (4) The maxlmum area of any freestanding sign may not exceed either that allowed by the chart above or the square of (1/6) the distance in feet from the base of the sign to the curb or pavement edge of the frontage street, whichever is greater. On corner lots the frontage street shall be the greater street as classified on the thoroughfare plan. Where two streets are the same the appllcant may choose the frontage street. ALLOWABLE HEIGHTS FOR FREESTANDING SIGNS: DISTANCE FROM CURB OR PAVEMENT EDGE (FEET) AT LESS LEAST THAN HEIGHT 10 15 4.5' 15 20 20 25 11' 25 30 14' 30 35 16~ 35 40 40 45 21' 45 50 23' 50 55 26' 55 60 29~ 60 65 31' 65 70 34' 70+ 35' *IO0+ ~50' NOTES (1) DISTANCE FROM CURB = distance in feet from the curb or pavement edge to the nearest part of the slgn. (2) HEIGHT = height of sign measured from the elevation of the curb or pavement edge. (3) No freestanding sign shall exceed 35 feet in height except as in (5) below. (4) On corner lots only the frontage street (as defined in (4) above) can be used to determine height and area. *(5) Tracts zoned C-1,C-2,C-3,tt-I & M-2 with a minimum of 100 ft. of frontage on S.H.6 East Bypass may have a sign up to a maxinlum of 50 ft. in heiqht with a minimum distance from the right-of-way of 100 ft. The sign shall not be closer than 200 ft. to any property zoned R-1,R-1A,R-2 or R-3. TABLE II *Summary of Sign Regulations. Ordinance SIGN CLASSIFICATION PERNITTED DISTRICT MAXINUN AREA ~AXIRUH HEIGHT SETBACK NO ALLO~ED PERMIT RE,~ Subd~ws,on & Area Subdlvlslon-ISOSF Subd~vlslon-15ft lO Et,be- ~es Identlflcat~on All Area I.D.-16 SF Area 1.0.-4Ft h~nd ROW See Sec 2 B Apartment/Condo~n,n~um R~,RS,R6 I00 SF I0 ft be- I per oroJect ,~ Identl ¢,cat,on 10 ft h~nd RO~/ w/mtn 24 DU 0evelopnent(Project) Ali d~strlcts 35 SF on 50'RO~ I0 Et.be- I per premise 65 SF on 60'ROW h~nd ROW 150 SF on 70'ROW 15 ft 250 SF on RO~)70' Oevelopment(Subd,v~s~on) All districts sar as above 15 Ft Sane as I per subdvn above Direction Traffic Control R4~RS,R6,AP,CI,C2. 3 SF ~ ft be- I pe~ curbcut no C3.H1,~2 4 Ft. hind curb. Apvl. of Traffic Engr If in ROW Real Estate All d~strlcts 16 SF w/less than 8 Ft. lO Ft. be- I per premise 150 ft Frontage hlnd ROW 32 SF w/more than 150 Et.frontage Finance/Construction All districts 16 SF w/less than I0 ft be- 3- constructl~,n 150 ~t frontage 32 SF ~/more than 8 ft h~nd RO~ I- f~nance no 150 ft.Eronta~e lO ft be- hind curb if area Roof ..... SHALL BE TREATED AS A COHHERCIAL fREESTANDING SIGN ..... h~nd RO~ more than 2 Acres Freestanalng bc~,=rclal C1,C2,C3,rt1,/12 See Table I See Sec 2 K. L~ Profile AP,CI,C2,C3, 60 SF q ft io ft be- See Sec Z K hlnd ROW Att~¢h~J (Rq,RS,R6 See ..... Shall not .......... apt/Condo I n J e~tend above AP,CN.CI ,C2,C3, roof line Exempt ..... SEE SECTION 2 P.- Prohibited ..... SEE SECTION 2.0 ..... *See deFin,t~ons and more detailed explanation in Sectlons 1 and 2 004434 __Y SIGN (X~]CY] -- AREA 00~435 WALL EXTENSION ABOVE SAVE MAY BE USED FOR SlI:gNAGE ROOF EAVE EAVE 6'MAX. 004436 i~T', ,/',',.~t~"'-" "" '-'- ', "' '" '"-"-' '-":-",i,_-1 Il:'.',&,"=-,, ,- :, :, ,"' ,, ,, 'i, ', ~'-'-'-': ;-'..,'-!.,.'.'..,: .~-~...'.':-.:. LOW ~~',.,:.,~ ,, ::?.,, ;-,,,',,-',.,, :,:,. ,,.,:. ~ I ~'Ui..::.".'.':' :.2-i'..".'."-' .?:."~.'.'.-': i~...i'...-.'...;..'~ '.~ ' FT..',"--';-"-" ..... '"" "'T I ':'?E' """ "' II I _ FREESTANOINr-'- II'~',, --',:~/ ~!, i.~.,,,,~: ,,, ,~,,, , , ILL.. '.!-.~:~.-. J ·eONE FREEB'rANDINQ OR ANY NUMBER LOW PROFILE WII'H 150' SPACING 004~7 X Cx~CY~ [] AREA I. (X](Y] [] 60 SQ.FEET LOW PROFILE SIGN 004438