HomeMy WebLinkAboutPZ2021-17DATE: March 15,2021
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Request for amendments to the Zoning Ordinance concerning signage, Sections
28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28,04.005, 28.04,006, and
28.04.008(22).
FILE: PZ2021-17
STAFF RE, PORT
As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National
Advertising v. City of Austin, Texas, most city sign ordinances and many state statutes regulating
signs are now subject to challenges of being unconstitutional. The decisions relate to, the heavy
burden that cities have to justify regulating speech. The courts have essentially said that if a city
or state has to read a sign to enforce their ordinance, it is problem unconstitutional. The issue for
Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their
enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending
amendments to Sections 28.01.004, 28,03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.006 and
28.04.008(22) of the Zoning Ordinance.
The proposed amendments offer new language that will allow a reasonable number, size and
design of signs for differing uses in differing zoning districts while substantially retaining the
established regulatory schemes of citywide sign rules as well as special sign rules specific to the
historic and overlay districts. In addition, new definitions of advertising signs and on -premise
signs will allow for the ongoing enforcement of billboards without the need to rely on the content
of the sign to do so.
Exhibits are attached.
use existing at the tune of the adoption of this chapter shall not become
nonconforming as a result of a specific use permit requirement.
Qpq�ace, Area included iii any side, rear or front yard or any unoccupied space on
the lot that is open and unobstructed to the sky except for the ordinary projections of
cornices, eaves, porches and plant material.
Planned unit deve!Q�Lient. A district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential,
recreation and open space, and commercial uses.
Rggistered effild care hoine. A home -based child care facility where the caregiver cares
for up to six (6) children tinder the age of fourteen (14); they may also take it up to
six (6) more school -age children. The number of children allowed in a borne is
determined by the ages of the children. No more than twelve (12) children can be in
care at any tune, including children of the caregiver.
SW in center. A group of commercial establishments which is planned, developed,
owned, and managed as a unit related in its location, size and type of shops to the
trade area that the unit serves.
Sign. Any permanent, temporary, or portable structure or part thereof, or any device
attached to, painted on, or represented on a building, fence, or other structure, upon
which is displayed or included any letter, word, mode, banner, flag, pennant, insignia,
decoration, device, or representation used as, or which is in the nature of, an
announcement, direction, advertisement, or other attention getting device.
Si&n, a lyed4#w,
difeC49-attention r-yiee, A skab ftqpjrpferrgd —foas-91
hillboardNt
ill gayment ofwain ty V�.i§ i il tended to 13 e or
_
is received
, f an &gp!., _e_r&eebrand s1p_an LrL e nrnodhu�ct _L)sp lac term —does not inchL&A.,dy.,that is —leased to q
hustil ate �)L�
q.s,s_gqt!yLnd loq�tcd of =_P_qLV_a1_iYdch ! LIOUt —shless iLlne—, _d
owned or leased for the sole lLq:jjq�k, of d sRla in a si
. . . .. ........... . i— "_91
Sign arqq. The sign area shall be the area of rectangular enclosures of the entire sign
other than structural supports.
S u
ign, electronic reader koard. A sign or portion thereofthat uses, changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A sign
eis
Lia[�LqLoi i :. o LhAyisji lei q , ffj.i�cLd to tLtLqLs, joan ) i es t ai _ r
or other vehicles wsd hija fisSlaysuchi v� 'tL[Mjrked.
_pj� hbL _qpL jgL _jyj
Sign, owner identfilcation. A sign other than aqjftgjWPg nwhich is located on the
same lot or development asthe ,trod of imi !e for which the smart i,,�. intended and is
not intended to_me lesat oaf o lmiclm ILjy is ilitq!ISIg�tLtj or is
recei !d c (�pj
xg _ip.erci Imessa
c4mmedit",
Sign" portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
,..•'(Formatted font Italic
LcLh_qjjM]Md fa Lijjn�jLed �erjo(L_oLt_imm..
Structural alterations, Any change in the supporting or structural members of a building,
including but not limited to bearing walls, columns, beams or girders, or any
substantial change in the roof or in exterior walls.
Structure. Anything constructed or erected, the use of which requires permanent
location on the ground or attached to something having permanent location on the
ground.
Tenj oran . ortable stor A purpose-built, fully enclosed, box -like container
that is
designed for the temporary storage of furniture, clothing or other personal or
household belongings as part of the process of household renovation or moving or the
relocation of household belongings to an oft site commercial storage location. Such
containers shall not be used to store solid waste, business inventory, connnercial
goods or any illegal or hazardous materials, nor shall such containers be used for
human or animal occupation, Such containers are uniquely designed for ease of
loading to and fi-orn a transport vehicle.
would otherwise not permit the historical use. Accessory uses, including fundraising
activities, may be approved as a part of the specific use permit.
(c) Area and L,6ght regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(d) sup9ementai re ulations. Buildings, structures, sites and areas zoned "HC-L"
shall be subject to the following regulations and to the regulations set forth in section
28,02,007 of this chapter.
(1) Exterior alterations_and chan>�es. No person or entity shall construct,
alter, change, restore, remove, demolish, or obscure any exterior
architectural feature of a building or structure located in an HC-L, Historic -
Cultural Landmark Preservation designation, unless first applying to and
receiving fi-orn the historic landmark commission a certificate of
appropriateness as set forth in section 28.02.007.
(2) Demolition or removal of a building or structure. No building or structure
awarded an HC-L, Historic -Cultural Landmark Preservation designation,
shall be demolished or removed without the approval of the historic
landmark commission or the city council as set forth in section 28,,02.007.
(3) Omission of necessary repairs. Buildings and structures awarded an HC-
L, Historic -Cultural Landmark Preservation designation, shall be
maintained so as to ensure the structural soundness and integrity of the
building or structure and its exterior architectural features as set forth
in section 28.02,007.
(Ordinance 93-28, see. 1, adopted 6/29/93; 1978 Code, see. 30-21.1)
Q A a See. 28.0�3.018 Historic -Cultural Lindmark Preservation Oveday District
(a) Definitions. Unless the context clearly indicates otherwise, in this section:
AtIena . Any device, except for permitted signs and flags, that is used
for the purpose of attracting the attention of the public to a commercial establishment.
An attention -getting device shall include, but not be limited to, streamers, flags (other
than U.S. or state), balloons, pennants or decorations.
Banner. A-&ign-made-&f-ul�r-i rmaiiy*ePf
Atypq, _;cLsifgnihatis, neraljyfon.� _2stLJc
_ _--ge a similar
43
rioLnrigid ntrgl.,—and that is M L)Ulkt-�Ld—ftethered to j e(sjhuildinj .2q-1011ffr --
structure at one Ll
Bloc ace. All of the lots on one side of a block.
Certificate app o p ro riateness. A certificate issued by the city to authorize the alteration
J'---
of the physical character of real property in a district, or any portion of the exterior of
a structure on the property, or the placement, construction, alteration, nonroutine
maintenance, expansion, or removal of any structure on or from the property.
Column. The entire column including the base and capital, if any.
Contributita structure. A structure which physically or historically contributes to the
historic value of an historic district.
Corner side facade. The main building facade facing the side street.
Director. The director of the planning division or his/her representative.
Educational land uses. (See "Institutional land uses.")
Exterior architecturalfeature. Means, but shall not be limited to, the kind, color and
basic texture of all exterior building materials and such features as windows, doors,
lights, signs and other exterior fixtures.
Fluorescent color. Colors defined (Munsell Book of Color) as having a minimum
cbroma value of eight (8) and a maximum of ten (10).
f, iLontfacq( I 1 0 e main building
&. The main building facade facing the street i po i which th
is addressed.
.];'urwture street. Man-made, above -ground items that are usually found in street rights -
of -way, including benches, kiosks, plants, canopies, shelters and phone booths.
Institutional land uses. nose properties owned or otherwise administered by
organizations of higher education, vocational training centers and museums.
Churches, synagogues, social, civic, fraternal and professional organizations, specialty
schools, residential care facilities, day care centers, nursing homes, clinics and
hospitals and all other uses not specifically excluded are bound by the terms of this
section.
Masonry aver. A solid brick or block of masonry material used as a paving material.
yp-
44
Metallic color. A paint color which has pigments that incorporate fine flakes of bronze,
aluminum, or copper metal.
gove-in building. A building that has been moved onto an existing lot
Preservation cj,jjerja, The standards considered by the director and the historic landmark
commission to determine whether a certificate of appropriateness should be granted or
denied.
Rehabilitation. The process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values.
,@ �nence. Signs attached or affixed to any type of fence.
Sign inobile. Bu4iw4."Signs are
on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used
primarily to support or display such signs while parked.
S"lgra, ntoyirr , Signs which in whole, or part, do not remain stationary at all times,
regardless of power source which effects movement.
Any—S
Lljqcture and is dcsigjjq4�o lLe moved (rggj..gLqq �Lce
p
Trim color. A paint color other than the dominant color. Stain is not a trim color. Trim
color does not include the color of screen and storin, doors and windows, glitters,
downspouts, porch floors and ceilings.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all
historic districts unless expressly modified by ordinance.
(c) Enforcement.
(1) Certificate of appropriateness Leqqfired. A person commits all offense if
(s)he is responsible for an alteration of the physical character of any real
property located in all historic district, or any portion of the exterior of a
structure on the property, or the placement, construction, maintenance,
expansion, or removal of any structure on or from the property, unless the
act is expressly lawfully authorized by a certificate of appropriateness.
45
(i) The structural support of the sign must be located at least
five (5) feet fi-orn any public right-of-way or property line
dividing properties of different ownership. No part of any sign
shall overlay any property line.
(ii) The sign must be six (6) feet or less in height;
(iii) The sign shall not be illuminated; and
(iv) The sign shall not exceed twelve (12) square feet in area.
(B) Attac
hed sips, No more than two (2) attached signs are permitted
on each building. Each sign must:
(i) Not be illuminated, except by one external floodlight not to
exceed one hundred fifty (150) watts in power;
(ii) Not exceed six (6) square feet in area; and
(iii) Not be located in or in fi-ont of any window or doorway.
(C) RIghibited signs. The following types of signs are prohibited in an
historic district, I L9
_gxg . hose c, tat �ljgAjn ,elation 28&��. . ( . ,
-- gpLL— �J�j jL
Lial? t e 1:
(i) Advertising signs;
(ii) Illuminated signs;
(iii) Neon or fluorescent signs;
(iv) Signs affixed, either permanently or temporarily, to street
furniture;
(v) ReAable —Portable �'-realty
signs as defined in section 40-3 28...0..
.1,0014 sign regulations,
... . ..... .... .
as outlined in the city Code of Ordinances;
(vi) Mobile signs;
(vii) Moving signs; and
(Viii) Felice signs.
49
(ix) Banners rrr�r Wiser lug r� 4 al
feet in
seev
(x) Other attention -getting devices used by commercial
establishments.
(9) Litter/trash andipj*, Section 12,07.001 Larticle 12,07], litter control
and sections 22.05,051 through 22.05.061, solid waste collection by the city,
as outlined in the city Code of Ordinances, applies to all properties within
any historic district. In addition, an approved container as defined by same
must be located in the rear yard of the subject property with exception
allowed for pickup and disposal of said litter not to exceed a twenty -four-
hour period. All fixed or otherwise immobile trash containers must be set
back from the property line no less than twenty-five (25) feet or• be
completely screened from view from any street via landscaping and fencing.
(10) Outdoor furniture. Furniture or appliances which are constructed of
materials which are intended for indoor use only or would otherwise be
susceptible to water damage, rot or destruction must not be placed on an
open porch or outdoors.
(11) Outdoor merchandisin . No business shall display any merchandise
outdoors within a historic district.
(1) Iteliabilitation -guidelines. The following standards for rehabilitation shall be
employed by the director and the historic landmark commission to evaluate a
certificate of appropriateness.
(1) Every reasonable effort should be made to provide compatible uses
for properties mandating minimal alteration of the building, structure, or site
and its environment.
(2) The distinguishing original qualities or character of a building,
structure, or site and its environment should not be destroyed, The removal
or alteration of any historic material or distinctive architectural features
should be avoided when possible.
(3) All buildings, structures, and sites should be recognized as products of
their own time. Alterations that have no historical basis and which seek to
create an earlier appearance will be discouraged.
so
(1) The UC, Urban Corridor Overlay District, in general is intended to
preserve and improve the physical enviromnent along Martin Luther King
Parkway; promote the public safety, welfare, convenience and enjoyment of
travel and the free flow of traffic along this corridor; ensure that signage
provides the essential identity of facilities along this roadway; and prevent
needless clutter in appearance along this corridor.
(2) This district supplements the regulations of the underlying zoning
district classifications. The zoning map shall reflect the designation of an
Urban Corridor Overlay District by the letters "UC" as a suffix to the
underlying zoning district classifications.
(b) Dofinitions. Unless the context clearly indicates otherwise, in this section:
sign attacliecl. A sign which is attached to or painted on the outside face of a building.
An attached sign is also erected parallel to the face of the building, supported by the
building and does not extend more than eighteen (18) inches fi-orn the face of the
building wall or above the roof line of the building to which the sign is affixed.
Sri. detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and has no support to a building, canopy or facade,
Sign electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A sip
&gji �qnee. A sign attached or affixed to any type of fence.
emit, inobile. A bus4aes&-sign o&M4*adver6sa�-es bIiAin rit-or-se vics-Iic11ai-e
is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to
support or display such signs while parked.
Sigh, moving. A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
Sign, portable. Any sign that is not permanently attached to the ground or any other
_
structure and is designed to be moved from place to place.
63
e,r or adve[ji mji—ru—cted ofpom-c—IoLl-1 L
Ljj�tLt,Skrd� gALd Ror oLhqrj1jke rnatg.Lia . that a eilLs to be intended to be
_ ,jy�vqqd
d i sphud. fq —,a —1h n W q�Lm r—Jo d of I Lim
_(c) LcnnimLd uses. The pen-nitted uses in the UC, Urban Corridor Overlay District,
shall be determined by the underlying zoning district classification.
(d) Boundaries. The boundaries of the Urban Corridor Overlay District shall extend a
distance of two hundred (200) feet from the street right-of-way of Martin Luther King
Parkway fi-om 1-10 East to Cardinal Drive.
(e) Area and height regulations. The area and height regulations shall be deten-nined by
the underlying zoning district classification.
(f) Sigri_�Iatio�ns. Signs shall not be permitted within an Urban Corridor Overlay
District except as specifically authorized in this section.
(1) Permit requirements. No sign, unless herein excepted®g
__g
perL 3 Le� o f f Li jL S _
Liftled segtLon_28 04,QQ. _hapten, shall be located,
_ _ _hy_ _
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the chief building inspector in accordance with
the requirements of this chapter and the International Building Code.
(2) EmhNedsians. L-1ad—(UWKLnL!9-!�11e-KQ11 btgA �siijsji :gLinjse c Lion
2804 '00 " 3.(DTthe following types of signs are prohibited in this Urban
Corridor Overlay District:
(A) Off -premises advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F)
errs.
(3) Signs in residential—uc districts. Signs shall not be permitted in urban
corridor overlay residential districts except as specifically authorized in this
section as jydj,,[s sec tLj(Ljj.28.04.0Q,
1_2f this chapter.
64
(A) one (1) detached identification sign may be constructed to
j-defgry_ at fligentrance of.a single-family residential development of
tell (10) acres or more. Such signs will be subject to the following
conditions and restrictions:
(i) Building wall signs will be prohibited.
Ci
sWa4k.k4en. -'rhoconte&t qf !1_1esign iay..Ii beren�JL4Led�, _IL _q�
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent light.
(y�JQ The sign shall be placed within a landscaped setting
containing not less than one hundred twenty (120) square feet.
(vH4 All parts of the sign shall be located a minfinum of fifteen
(15) feet from the property line.
(viiii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached owner identification sign shall be permitted for
a multiple -family development, nonresidential, or institutional building
for each abutting street subject to the following conditions and
restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height,
(iii) Except for electronic reader board signs, no sign shall be
lighted except by reflective floodlight type illumination. There
shall not be any flashing lights or any type of intermittent
illumination, except as allowed below:
65
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached,
(iv) The sign shall not exceed ton (10) percent of the area of the
wall to which it is attached or one hundred fifty (150) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination..
(5) Exemptions. The following signs are exempted from the requirements
of this section:
(A) Changing of permitted eapy-_jign fkL(,q.,of an existing bulletin
board, general advertising poster or paint pancl(s), display encasement,
inarquee, flat sign, projecting sign, detached sign, or roof sign,
provided no increase occurs with respect to either the area or [ofl any
such sign or the manner in which it is structurally supported.
(B) Signs on trucks, buses, or passenger vehicles which are used in
the normal conduct of business.
LC-L s , � IjLnnjtled by . ectiqU-18 �0400.3 jg) — cha --qf this p er
441 natuft—j-Hot
per,taWag4o the-preje
72
are"nd-fip&--(5 -)-fee-t jin-helght-and4let
ter th&'01"6011,
area '20)
height-wfi ea4t 4s- -ileta-eked-&4a--Pie
&play-s --- tad -with eet--4e—lhe
(ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08-
021, sees. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, sees.
1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12)
( , 4
?- L a See. 28.03,021 Major/Dowlen/Gladysfflwy. 105 Sign Overlay District regulations
(a) General VuWose and description. The Major/Dowlen/Gladys/Hwy. 105 Sign
Overlay District, in general recognizes that this area will be the major growth area of
the city and is therefore intended to provide for the essential identity of facilities along
the streets and prevent needless clutter in the area through uniform signage; to
preserve and improve the physical envirom-nent in the city; and promote the public
safety, welfare, convenience and enjoyment of travel and the fi-ce flow of traffic along
the streets in this area. This district supplements the regulations of the underlying
zoning district classifications. The zoning map shall reflect the designation of a
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix
to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Allention-zeffin device. Any device, other than a permitted sign, that is used to attract
the attention of the public to a particular business, location, product or service.
rrontage. That portion of any tract of land which abuts a public Street right-of-way,
measured along the street line.
73
Multi -tenant business deveLoponyent. A development under the same ownership consisting
of two (2) or more business establishments separated by a tenant separation wall,
using common driveways and on -site parking facilities, including, but not limited to,
shopping centers, office complexes, office buildings and business parks. Retail co -
branding shall not be considered a multi -tenant business development.
Sign, advertising.,_&i intencledt. I)eI,ase(j,or or whicIt pAYL—
ent
p[kL yAyRLis hiterdLito Lis _ie_ceiv_e_LA!Uh_e t brand
_i
q
jMpany,fig! 111 terni does not include m pLt � e
that is leased ter a, business emit cated on the sain
business is located or a s ga a cated Ti p it � 1, KUq L sole 111POSQ ..yjL�yued or Ins. thq_--kor
Lf Ll i Mlaa in , a qj &, Li
Sign b4piner. A type of sign that is generally constructed of lightweight plastic, fabric
or a similar non -rigid material, and that is mounted/tethered to a pole(s), building or
other structure at one (1) or more edges,
bra, detached. A sign which is wholly supported by one (1) or more colunins, uprights
or braces in the ground and has no support to a building, canopy or facade.
&_nqouble- aced.'A single sign with two (2) parallel sign faces back-to-back.
f—
sign electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign, A-64g;n
,Si �nacw. The facing of any sign upon, against, or through which the a iiiessagcjggpo
pLd"esi,Li is displayed or illustrated; provided however, for signs in which the words,
letters or symbols are independently mounted, the sign facing for tine pqr.pL)4iq_Cf
ineasurip _&Lhe Lize of thp-d, 9_q, shall mean the s & mallest regular geometric form
containing all of the individual words, letters and symbols. Size of the sign shall be
determined by the lettering. However, if there is background in addition to the
74
lettering, background material shall be included if the background is uniquely
associated with the letters.
sigi, erase. A sign attached or affixed to any type of fence.
Si re „aobrle lyaawa i a!�e, oil or, Ch jjjjgawy is gks
g!tjtojjLj I ifes trajler�,igr qft1g_r vehj,� gs-gje �IHUIAOIIY-IOLSIP Lq
SiZti _ntmymeig. A sign that is an independent structure supported from grade to the
bottom of the sign with the appearance of having a solid base.
Sig �niovk?z. A sign which in whole, or part, does not remain stationary at all times,
regardless of tile power source which affects movement,
ft--trrr— -ame
fl-+-M PB�--n'hmi a P F-ta Lion e 4 119-t
prole eAy-,th-o4ind-4
aLivertishILIL si ILNOLCII is lo�ALed On 1�
-,L ---- g -IL,
�Lmtkot -ordeK0912 ffl—elltas -Lh Lgg%d—ff-2�1 ykgALvY�igr� - LsLtqgLided and is
not itttervdeoio_h, �] IInLgfIMIYP-ej-sz'—te"(W ,to —be or -s
r Lice
,gjLi oduct oft
rrpan,L
S�imqw. A sign consisting of a series of flags constructed of cloth or other limp
material.
Si Z_nportable. A sign not permanently affixed to the ground or to a building, which is
designed to permit removal and reuse,
7S
Thence north 1,400 feet, more or less, to a point at the southeast comer of Western
Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42;
thence continuing north along the east line of Western Hills, Unit 2 a distance of 810
feet to a point for comer in the south right-of-way line of the 60-foot-wide Tolivar
Road right-of-way; thence north 321 cast a distance of 70 feet to the place of
beginning, containing an area of 2,613 acres or 4.08 square miles, more or less.
(e) Area and height regulations. Minimum lot area, width, depth, yard and building
height shall be determined by the underlying zoning district classification.
W _Sign�re regulations. Signs shall not be permitted within the
Major/Dowlen/Gladys/lINvy. 105 Sign Overlay District except as specifically
authorized in this section.
(1) perinit_requirempIlLs, No sign, unless herein excepted, or -where
p�Linjtted b,r se id sr pQA.OQ2 ej of phi code, shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the building official iii accordance with the
requirements of this chapter and the International Building Code.
(2) Prohibited si is. In addition to the prohibited signs listed in section
-
28.04.003(f), the following types of signs are prohibited in this overlay
district:
(A) Advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Pennants, decorations or other attention -getting devices.
(3) si&iit distance. No sign shall be located within a 30-foot by 30-foot
triangular shaped portion of land established at street intersections and
driveway/street intersections in such a manner as to limit or obstruct the
sight line of motorists entering or leaving the intersection. A two (2) square
79
foot in area directional sign may be located within the required sight
triangle.
(4) 5 . Signs shall not be permitted in
Major/Dowlen/ Gladys/Hwy- 105 sign overlay residential districts except as
specifically authorized in this section,
(A) One (1) detached idea igoation-sign may be constructed at each
entrance to identify a single-family residential development. Such
signs will be subject to the following conditions and restrictions:
(i) Building wall signs will be prohibited.
(ii) -Pi-e --s4gn 44eaOon --4)"
tptIthe sj&I Ingy rjpLbereWated.
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent lights.
(vi) All parts of the sign may be located at the property line.
(vii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached ides im rlun t sign shall be
permitted for a multiple-farnily development, nonresidential or
institutional building for each abutting street, subject to the following
conditions and restrictions:
(i) The sign shall not exceed fifty (50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as
allowed holow:
80
a. Electronic Fea"4)er signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.,
b. The message -eepy-�,!&rLface may change no more than
once every forty-five (45) seconds,.
C. The sin face Meryage-not include any
flashing, flowing, alternating or blinking lights or animation.
d. Electronic reader4)oatd-signs that are part of a detached
owner identification sign shall be allowed to have multiple
colors.
e. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
f. Electronic readeF4vai�&signs shall not be permitted in
historic district.
(iv) All parts of the sign may be located at the property line.
(v) The sign shall meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(C) One (1) attached owner-4dengfiefition-sign per multiple -family
dwelling development or institutional building shall be permitted for
each street abutting the development subject to the following
conditions and restrictions:
(i) The sign shall be attached to or painted on the outside of the
building.
(h) The attached sign shall be erected parallel to the face of the
building, supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
81
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight
type illumination. There shall not be any flashing or intermittent
lights.
(v) No sign shall exceed ten (10) percent of the area of the wall
to which it is attached, or one hundred fifty (150) square feet,
whichever is less.
(5) signs in conimerciat and industriat-w districts. Detached signs shall not
be permitted in Major/Dowlen/Gladys/Hwy- 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
(A) Sinple-tenant business establLsbownt-
(i) Developments with less than eighty thousand (80,000)
square feet in gross building area shall be permitted one (1)
detached owner—ident4fit--,M4on--i-nonument sip per street frontage
that abuts the property. Developments with eighty thousand
(80,000) square feet of gross building area or greater or
developments with six hundred (600) feet or more of street
frontage shall be permitted two (2) detached owner4deafi-fic-M4 -on
signs per street frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured florn twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed severity (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right-
of-way and shall be located a minimum often (10) feet from
any other property line.
82
d, The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic readeF-43oard-signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The §� change no more than
once every forty-five (45) seconds.
3. 'ne Sigq figgsage_eepy-shall not include any
flashing, flowing, alternating or blinking lights or
animation.
4. Electronic r4a4ei--4),eaTd-sigks that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
5. As measured at the property line, the maximum light
emanation froze a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f, The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(B) t\tuiti-tena��t business develo meet.
(i) Developments with less than eighty (80,000) square feet in
gross building area shall be permitted one (1) detached ewaef!
idem4fication-monument sign for each street frontage that abuts
the property, Developments with eighty thousand (80,000) square
feet of gross building area or greater or developments with six
hundred (600) feet or more of street frontage shall be permitted
two (2) detached owne94e*"4ea6onsigns per street frontage that
abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
83
a, The sign shall not be greater than twenty (20) feet in
height, the maxinium height being measured from twenty-
four (24) inches above the curb adjacent to the property.
b.The sign shall not exceed two hundred forty (240)
square feet in area with the sign facing not to exceed two
hundred (200) square feet.
C. All parts of the sign may be located at the street right-
of-way and must be located a minimum of ten (10) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader -beard -signs shall not be permitted,
except as an attaclunent to or a part of a detached owfiff
We*ffioafien-sigri.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The message copy may change no more than once
every forty-five (45) seconds.
4. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
5. Electronic r-eader—bomd—signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
C, The sign shall meet the wind load requirements of the
building code.
f The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120�) square feet.
84
(C) Gasoline retailers owner identifip6oW j"n , One (1)
detached sign for each street
frontage that abuts the property shall be permitted subject to the
following conditions and restrictions.
(1) Dowlen Road Hyy.t05 and tyGajor Drive,
a. The sign shall not be greater than fifteen (15) feet in
height, the maximum height being measured from twenty-
four (24) inches above the curb height adjacent to the
property.
b. The sign shall not exceed one hundred (100) square feet
in area with the sign facing not to exceed eighty-five (85)
square feet.
C. All parts of the sign may be located at the street right-
of-way and must be located a minimum of ten (10,) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign,
2, No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The message copy may change no more than once
every forty-five (45) seconds,
4. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
85
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
C. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(ii) All other streets in the IM Sign Overlay District
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured fi-orn twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed severity (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right-
of-way and shall be located a ininfinum of ten (10) feet fi-orn
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic ma, der--bo&d-signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The 1 mar facer may change no more than
once every forty-five (45) seconds.
3. The si ij ]Lage Mf%.ag eeop)—shall not include any
flashing, flowing, alternating or blinking lights or
animation.
4. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
86
5. As measured at the property line, the maximum light
emanation fi-orn a sign shall be no greater than 0.2
footcandles.
0. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(g) Exemptions. The following signs are exempted from the requirements of this
section:
(1) Changing of permitted ajgn face eeof an existing bulletin board,
general advertising poster or paint panel(s), display encasement, marquee,
flat sign, [or] detached sign provided no increase occurs with respect to
either the area or [of] such sign or the manner in which it is structurally
supported.
(2) Signs ioR uon 2Lnted or MpLied tL)trucks, buses or passenger vehicles
I . . ........ --- - ------ - I -
which are used in the normal conduct of business.
�Jns L4.003 C
=—Wtt 2 Z8 el of Lhis chap r,,
_(4) ......... .
i-all-43e-peri-nUt W--o*-,efteh —Af C'44T-eff 4", e
proper-Pf
impr<Wernefft-.
the -premises,
squaf
87
ins ' dry...�vlu�rpla 'tlt-r��°idnt�al-1 �l�c�r a rlti�a�i,
tntFA-lie r nt v rl itl i t 1 dam � 1 lect'io a nr - i r,-if
apo-eat.le
(1) Banner signs, when attached to a building. Detached banner signs,
not exceeding twenty-one (21) square feet in area and five (5) feet in height,
shall be allowed for each individual establishment or entity. Detached
banner signs shall not be placed on any one (1) property more than five (5)
tunes per calendar year and shall not be displayed for longer than thirty (30)
consecutive days at any one (1) tiure with one (1) 30-day extension allowed
for a total of sixty (60) days. Under no circumstances shall banner signs on
any one property be allowed for more than one hundred fifty (150) days per
calendar year, A banner permit of fifty dollars ($50.00) shall be required
fi-oan the building codes division of the city for each display period. No
banner sign shall be placed on city right-of-way. Banner signs shall be
supported by non -permanent supports that are not permanently set in the
ground. These supports shall be removed with the sign at the expiration of
each allowed time period
m(p)--"p itional-end- nai°tir➢�-tat��d-a�li .�r-laa ° y.di�pl^s,
hapt �°„-boat al ll t to t�s f ° ry 1 of=the'&&
Attached advertising signs located on nonprofit recreational
facilities.
(Ir) Cotrtinroataon pf nonconfor�inu sins.
(1) All lawful nonconforming ise a t'iiion signs,
other tlra r tyc� its r si ,,nest jtL pardI3 shall be allowed to exist in the MD
Sign Overlay District except as provided for herein" Provided however,
when a nonconforming sign falls into disrepair, or is damaged by fire,
explosion, act of God or other calamity to the extent that the cost of
reconstruction or repair exceeds fifty (50) percent of the replacement cost of
the sign, such nonconforming signs shall no longer be permitted.
(2) All nonconforming advertising signs existing in the MD Sign. Overlay
District on the effective date of this provision may be required to be
relocated, reconstructed, or removed by the city council. Any sign required
to be relocated, reconstructed, or removed shall be accomplished in
88
facility to accommodate on such business premises all vehicles that will be
reasonably expected to simultaneously deliver or, receive materials or
merchandise, and of sufficient size to accorm-nodate all types of vehicles
that will be reasonably expected to engage in such loading or unloading
activities.
(2) Any person desiring a building permit for the construction, alteration,
or change of use of the land or any business building or structure shall
submit a plot plan to the building official designating the number,
dimensions and locations of all loading areas and all proposed avenues of
ingress and egress to the property from adjacent public thoroughfares. The
building official shall not issue such permit if it is determined that the
proposed loading and unloading facilities will present a direct or indirect
hazard to vehicular or pedestrian traffic.
(3) Buildings and land uses within the CBD, Central Business District,
and the PD, Port Development District, shall be exempt from the off-street
loading requirements of this chapter unless, in the CBD, Central Business
District, an owner or occupier or business property elects to provide off-
street loading facilities, in which event, such facilities shall be approved as
provided in these regulations.
(Ordinance 81-17, sec. 1, adopted 3/10/8 1; Ordinance 81-79, sees. 1, 3, adopted
10/6/8 1; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-3 3, sees, 4, 11,
adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2,
adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14)
Q al Sec. 28.04.003 Sign regulations
(a) Zqrriiit requirements. No sign, unless herein excepted, shall be located,
constructed, erected, altered, posted, attached, or painted until a building permit has
been approved by the chief building Inspector in accordance with the requirements of
this chapter and the Lirrent edJtion--qJ` tile International Building Code.".. <l
gdolLtgsi.
(b) Signs in residential districts. Signs, shall not be permitted in residential districts
except as specifically authorized in this section,
(1) One detached owner identification sign shall be permitted for a
inultiple-family dwelling development, nonresidential or institutional
building for each abutting street, subject to the following restrictions:
126
(4) One (1) detached owner identification sign shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.0�3.018(c)(8)(A) of this chapter.
(5) Two (2) attached owner identification signs shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.03.0 18(e)(8)(B) of this chapter.
J L)
DjLq(I)ktached identificaop:: ti � sign ay e constructed at then ------
entrance of a e --Lihmily residential deveIZnlgglL_tgt teti -LL
Liyqte. S i. �� Li��i i.� Ny ill be s t i U e c t to LI i o [LQ�j LfLgLid restrictions: J—L— -q-L �kijg
.w,a!Lsi g iLis will be prohibited. Fwmtt. - indent: Left O.T5�, First IhCOAV
Lilh--�Fhe goiILeLit of the sigma n in, riot Lbere fated.
LxqtyLgqj.t square feet in area,
Lv) 'ClIcs 8ti shall not exceed a
r ind
v lAlaq � -,;J..gtI shall not be illuminates
W,IgLi Ll LaiLin tion . 'rhere shall not be inY._flgjg,-QL1gr1ttent Iizh L
fyi) �The set q_nLshLaLl ljg..plLqd within a
riot less than one hundred twenbL(12Q)_MI!artfeet,
d LL� Luftnuni of fifteen I-D ,Cy ii) Alm parts of thq sball be locate j_ --
fmUffiou- "Ile Di kle
LyiflJ_.__'Lhe sJgn shall meet the wind load Lair g:rt,�s�I_qLi�s_of tile
(c) Owner identification signs in commercial and industrial districts. Signs shall not be
permitted in commercial or industrial districts except as specifically authorized in this
section.
(1) One detached owner identification sign, and one additional detached
sign for each thoroughfare more than one that abuts the property, shall be
129
Formatted. Indent Left: Mg"
(C) The allowable sign area may be equal to one (1) square foot for
each one (1) lineal foot of store frontage with the sign area not to
exceed seventy (70) square feet.
(3) Owner identification signs shall be permitted for establishments
located in NSC, GSGj—GC-MD, GC-MD-2, C-M, L-I, II -I Districts;
provided that such signs shall not be greater than fifty (50) feet in height.
The maximum height is measured fi-om the point established by a
perpendicular line connecting the crown of the roadway immediately
abutting the property on which the sign is to be installed with the sign's
nearest vertical support to the property line, and provided further that the
structural supports for such signs shall be set back not less than ten (10) feet
from any property line or street right-of-way. No part of any sign shall
overlay the street right-of-way. Where a structure existing at the effective
date of this chapter precludes locating a sign in compliance with the setback
regulations, the board of adjustment shall be authorized to grant a variance
to the setback requirement. There shall be no restrictions or limitations on
on -premise owner identification signs in the CBD, Central Business
District, or the PD, Port Development District. Owner identification signs
shall be permitted in PUD, Planned Unit Development District, with the
location, height and number thereof being determined in accordance with
the sign regulations for the zoning district which pennits the designated use
of the property.
_reader board sins shall bejanjittcd in the GC-M.D- GC-
MD-2. CBD - T 1 141 agd PD Districts subiect to tt llowina
conditions:
.ftla,ehed owner id _i —
entifioation sign.
The message copy may clime io more than once CVM forty-
fiye
Dag.on—ds.
alternatingorAjokiLg.blinkin I liats or animation,
(D As incasutedgt the jaropgrtv line. thelmudillumlialitemanatirt
from shall
beMo_greqti a11 0-2 foo—tc-aadles,
131
(E)- No morg.IhMsixty (60) square feet por fifty (M..,ppomat of the
Mgj'NiI-flunI si n area, whichacr is ]Qss,.s-halLbt-dtdLc-at-e-d-to -elec Heal
.. . .. ..... ..
(F) Electronicr ip fladjare p-art "f A -ONVO
identification silts tall be allowed to have nijiltiple, qoj�®r
(4.��) Signs in PUT) Districts.
(A) [Sign chart,]
Use Type (B)
Maximum Height (C)
(in feet)
Maximum Area (C)
(in square feet)
Front Setback
(in feet)
Multiple -family
15
20
25
Prof/med. services
15
40
20
Wholesale/retail trade
40
50
10
[L�dustdal
50
SO
ltd
(B) The city council may approve a sign which exceeds the
maximum area and height where the planning commission has
determined that the sign is compatible with abutting development.
(C) The maximum area for owner identification signs in a PUD
district having mixed land uses will be determined by the regulations
for each use type as it appears in the chart in subsection (4)(A) above.
Mr-190
PE I -F. MIMI
0711 NINON I'
132
--------
U.
(6) Prohibition. Portable signs which are illuminated by any flashing,
hitermittent or moving lights shall be prohibited in all districts.
(d) Advertisnig-gMs. Advertising signs shall not be permitted except as noted:
(1) Permits. The city shall not issue permits for the construction of new
advertising signs except under the following conditions:
(A) All outdoor advertising companies shall provide to the city a
complete list of all signs it owns or maintains within the limits and the
extraterritorial jurisdiction (FTC of the city. This list shall include the
location, size (area and height) and type of construction.
(B) To reconstruct or replace an existing conforming advertising
sign at the same location. Any sign that is reconstructed or replaced at
the same location shall be the same size or smaller than the original
sign.
(C) To replace and relocate an existing advertising sign at one
location with an advertising sign at another location.
(i) Size of the replacement sign shall be one (1) square foot for
one (1) square foot. Square footage may be cumulative as to each
outdoor advertising company.
(ii) Regardless of the size of the advertising sign to be replaced,
the replaced advertising sign shall not exceed the height or area
listed under subsection (d)(1) of this section. Area calculations
shall exclude cutout extensions and apron trim without copy. The
133
(4) Motion. Advertising signs shall not revolve or rotate or otherwise
move in any manner,
(5) R2qf-mounted sign, Roof mounted advertising signs are prohibited,
(6) Structure. Advertising signs shall be constructed in accordance with
the building code and electrical code. Signs shall be engineered to withstand
a wind load of thirty (30) pounds per square foot.
(7) Maintenance.
(A) Advertising signs shall be maintained in good appearance and
safe structural condition. The general area in the vicinity of any
advertising sign shall be kept free and clear of sign materials, weed,
debris, trash and litter. Maintenance or replacement of sign copy or
structural repairs shall be conducted in a manner to protect adjacent
properties from debris and litter. Signs shall be reposted regularly, and
torn or ragged posters shall be repaired or covered promptly.
(B) VA en a nonconforming advertising sign falls into disrepair or is
damaged by fire, explosion, act of God or other calamity to the extent
that the cost of reconstruction or repair exceeds fifty (50) percent of the
replacement cost of the sign such nonconforming sign shall no longer
be permitted, A nonconforming sign may be changed or altered or
upgraded only to the extent that when the change, alteration or upgrade
is complete, it is made to conform, in all aspects, to the sign regulations
of the city,
(e) Exemptarrs. The following signs are exempted from the permit requirements of
this gLater-seefian:
_.-
(1) Changing of permitted sign face co of an existing bulletin board,
- - ... P)-
general advertising poster or paint panel(s), display encasement, marquee,
flat sign, projecting sign, detached sign, or roof sign, provided no increase
occurs with respect to either the area of any such sign or the manner in
which it is structurally supported.
(2) Signs on mounted on or gpplied-to trucks, buses, or passenger vehicles
which are used in the normal conduct of business.
_(-J)--Nsineplate-air 4-4w"ddf
s4ze-,
137
—�watVila��" • �-��•i °, ���,p--V;�-., . ' a da����
nacre -tlan fit s a t Vag -a „ ° Vial sale--
i' .:•° . aw...,aaaiieiin ": .�-�ad��lat .:V�= " tt�- s' g ��1.
that sha, e- ei-mitt i
f�l
��.oiasrt��iotioa�-sins;...��t-tom � ed-i`�t�;� V•��-a���l,-nest
4netd � � �a1ttVd: • , �Vnnt�se---��-e�it�tna�sVal
intitiltio q � , �-�;nt�-ter�ntts�, t��t�nt�e �in-t;
(tii ) Window signs hung on the inside of the window or painted on the
window glass..
p iipp is i s tie ems;- hiding-banne -
(�4) Warning, security, and traffic directional signs, less than eight (8)
square feet in area and four (4) feet in height.
---i=b%w4en"s +gIF,4effin atus�i ter � n� i s
ilia : " " �ir�wVien �vitiiiu�r�slr-V ,°u � a—Vil -s+g
�:ai . in na t a l ed s any-Otl r-- o : ec ° s-si u"it e
rniove ithin•t ° aiier-tiieVeoti .�
(-i ) Signs in the PD, poet Development District, and the CBD, Central
Business District.
i m7 a m e i eta a, its ct�ure —less tVsa s f Asa 4) s atte —feet in� rgi p us
p9a kn... itfential l i t baat ... two fabric or e tatl 4; aiot liei-6
more than twe t, f gy 24) Legjj i area, ~af ixg-d tq..pu�t rsro�e tl�afls r�tt
s"s ie a ise_c • tls oar fais�i _wV P .... 1� s Ve or Vaost mit Chu lsc,�° iVsaua t��e,UL
five ? f qt in h i lit and°
f la m iaa tuaninercial and Iii(Vu,it ial Distric s "ti; ri sr cloth fIALs
of xed to not i o re than one sadq_of the cloth or fabric shape by a )ole... F
post are permitted rvithont Vinift
138
lLffy-aigul-ihe following:riffs gjL.��x�em t
fr•rarrm laerrnn ltlmnt sand WIowgdjn any zouing district, Drovided they are not
located_�ws"ithirn the m° t lets m yLiy,
,dAfl:lQL1qI —Tempomary--Signs -in Residential Districts:
to ILI Lmrmy- �,impmutr_�A-ft)
than&J _gquarc; feet hi area and, sip (6) feet in hpi
gNam
sit days after an e1ggn it ly: I-----gCL --�jxq- �ng
candidates or measures for a federal, sta,te or lucal plection that involves
Imeasure on the ballot of an election within the area.1lic content of the
Lpl_ Lqgai_ it and Industrial
Districts: One temp gi°qMLtgq ei street frowita e that abuts the em.
that is not more -than el it L8"s itare feet jn,arca-aiid six (6) Lggt in
street fronta. e lrn eac ssive of three; hundredfjfflhtgt
shall-bg-permitted an addiflonal sign I"or each additional three hundred
raf frontage for a pjCj2_0_qf dUa
Aqys._,tier an elqcfion iaqIvi g. _51, aqLfidgiLs or measures for a federal,
Mk
state or Ilocal election that involves.a measure on the ballot of an election
wiffiiLi the arcki.
Ui content of the sjpqjfiaII not be, ruglated,
—Addi -5jpjp-jocqted at Election Pollin
fizr- those roer�dns
gontajniUg_j-2qI-Ij-n,&y —togatioij —for- an election inVoLy:LUy candidates or
the .1higne sLigH v.
gis pauress; for f.edcrajcT local election wi �startle --
aq-1 kily Lit -o L(Lr —tin tine -b-e=Jn-1�-jna of
earl y vQtLijg--,pf the el ectr 'L uqfl I teen A1121 —fol I
prm�&jj �noren�ioLaryjjjgfj is gLafter Ligin el flit (BI.squarLfeet in area
and no greater &4mr. si gjL Wm Inc r ht. -The, content of the siyn sluffl
noLb re .ulatg
9) Prigperties fair Sale or Lease. Prgpa:Lftqkqt are being marketed for mle
or lease are allowed to have one additional nonflifflIlinated tern
wram-Sign,
feet in area and six, 6' -U
feet an is removed within
seven fjhddy.LfL)l�qwiFw the sale or le,ElSe Of tile Dr0aQjjy.
(jD) Prop�em°ties l.lmrdc r Construction, Prooerfles tiiat are act !yeIKaside �i
construction and for thi.
.Q�ccwqn�care pq,.[pjLqt(Lone addifional ternpgrjary sian not more thalLfojjy
C4QJ�qLigaj. feet in area,
139
JU) 'ar. L )ge, additional nonillunfinated to 11) Dary. PUL-not _L _ M -(i — -M-
exceed, Lng sJxJ6 s gare feet in area and not located widlin the: right-pf-wa J--q-
s ennissible in all districts fbr t,ei
i P Li I__- o.r--i JID) cgns culive
plJor to a g, as allowed under section 28.0408_(WffiI)L
fj�jQi.Le.teaU rqi�y i tYrdttgs rerot more ( LI, 'LIJ it fk)-
a :gI a Itki f tt in area
and not inore than six -(0) floret J I-L leight.
L
(f) Prohibited qip utility e 0 trash.
No sign shall be attached or applied to trees, ut li poles r ash
receptacles or located within any public right-of-way. Signs with flashing lights or
intermittent illumination shall be prohibited, except those signs that cannot be seen
from the public right-of-way or as allowed under section 28.03.020(f)(3), section
28,03.020(f)(4), section 28.03.021(0(4), section 28,,03 MI (f)(5), section
28 04.003(b)(1), section 28.04.003(b)(3), section 28.0003(c)(1) and section
28.04.003(c)(5). Signs shall not revolve or rotate. NopLiiygjLsign shall resemble an
official sign or marker erected by a governmental agency. No sign shall be placed on
any property hi such a manner as to obstruct the view from the left or right of a
vehicle from other traffic on the public right-of-way when lawfully entering the
roadway. The city transportation manager shall have the right to order the removal of
such signs by the property owner or by city crews, subject to a 10-day right of appeal
by the owner to the board of adjustment, prior to removal.
(g) Continuation and discontinuation of nonconforming signs. All nonconforming
permanent signs, legally existing on the effective date of this chapter, may continue to
exist; provided that signs which are fifty (50) percent or more structurally deteriorated
shall be either removed or altered so as to comply with this chapter. Signs which are
nonconforming because they have flashing lights or intermittent illumination shall be
given thirty (30) days from the date of the adoption of this chapter to be brought into
compliance with this chapter.
(h) Bondh Lrequirements. Signs shall not be located, constructed, erected, altered,
attached, posted or painted, except by a bonded contractor whose primary business is
sign work. All electrical sign work shall be performed by a licensed master sign
electrician or a master electrician.
(i) Maintenance. All signs shall be maintained in good appearance and safe structural
condition.
(Ordinance 81-17, see. 1, adopted 3/10/8 1; Ordinance 82-25, see. 1, adopted 3/16/82;
Ordinance 84-10, sec. 1, adopted 1/17/84; Ordinance 85-22, sec. 1, adopted 2/26/85;
140
Common Name Latin Name
American Holly
Ilex opaca
Cherry Laurel
Prunus caroliniana
Chinese Fan Palm
Livistona chinensis
Chinese Fringe Tree
Chioanthus virginicus
Chinese Pistachio,
Pistacia chinesis
Crape Myrtle
Lagerstroemia indica and hybrid
Flowering Peat
Pyrus Calleryana 'Bradford', 'Aristocraf
Savannah Holly
Ilex attenuate 'Savannah'
Golden Fain "free
Koelreuteria bipinnata
Japanese Evergreen Oak
Quercus glauca
Loquat
Eriobotrya japonica
Mexican Plum
Prunus mex4eautaMexicana
Parsley Hawthorn
Crataegus marshalth
Pindo Palm
Butia eapitatappltatq
Purple Leaf Plum
Prunus cerasifera
River Birch
Betula nigra
Sweet Bay Magnolia
Magnolia virginiana
Texas Redbud
Cercis canadensis 'Texensis'
Tree Ligustrurn
Ligustrurn lucidurn
Tulip Magnolia
Magnolia soulangiana
Vitex
Vitex agnus-cactus
Wax Ligustrum Tree
Ligu strum j apCODiCUM
Yaupon Tree
Ilex vomito,ria
SHRUBS FOR SCREENING REQUIREMEWTS
Shrubs: Maintain three-foot height or greater.
Must be evergreen.
Common Name Latin Name
Banana Shrub, Magnolia Fuscata Michelia figo
158
estab-14s,kment4)r4y;—shall be permitted. The narneplate shall be
nonillurninated and shall be attached either to the structure or to
the fence surrounding the property. The nameplate shall be
compatible with the style and detailing of the house.
(viii) Parkin . One (1) off-street parking space per guest room
and for the owner is required. The maximum number of permitted
spaces shall not exceed seven (7). The front yard shall not be used
for off-street parking. All off-street parking must be screened
from the street and from adjacent lots containing residential uses.
Screening from the street and adjacent lots containing residential
uses must comply with the standards established in the city Code
of Ordinances section 28,04.006).
(ix) Additions and alterations. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed and breakfast facility, other than those required to ineet
health, safety and sanitation requirements. Minimal outward
modification of the structure or grounds may be made if such
changes are deemed compatible with the character of the area or
neighborhood. Such alterations and additions must meet all
zoning standards and building code requirements and must be
approved by the historic landmark commission (when such
property is located in a historic district, awarded an HC-L
designation and/or of historic significance).
(X) Other uses.
a. The sale and/or display of merchandise or other
commodities is prohibited.
b. Weddings, receptions, luncheons, cocktail parties, or
any other such function for which the owner receives
payment for the use of the facility, and which is not a
function for the personal use of the owner, their friends or
relatives, may be allowed if sufficient off-street or satellite
parking is provided and documented. The number of
functions shall not exceed twenty-four (24) events per year
nor more than two (2) events per month. The planning
division is to be notified of the functions taking place.
Notification shall be filed with the planning division on a
quarterly basis, indicating the type of function, the date, and
175
etas Wif,hin&iAt—E)iiiy,—shalI be permitted. The nameplate shall be
nonifluminated and shall be attached either to the structure or to
the fence surrounding the property. The nameplate shall be
compatible with the style and detailing of the house.
(viii) Parking. One (1) off-street parking space per guest room
and for the owner is required. The maximum number of permitted
spaces shall not exceed seven (7). The front yard shall not be used
for off-street parking. All off-street parking must be screened
Irom the street and fi-om adjacent lots containing residential uses.
Screening fi-oin the street and adjacent lots containing residential
uses must comply with the standards established in the city Code
of Ordinances (section 28,04,006).
(ix) Additions and alterations. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed and breakfast facility, other than those required to meet
health, safety and sanitation requirements. Minirnal outward
modification of the structure or grounds may be made if such
changes are deemed compatible with the character of the area or
neighborhood, Such alterations and additions must meet all
zoning standards and building code requirements and must be
approved by the historic landmark cormnission (when such
property is located in a historic district, awarded an HC-L
designation and/or of historic significance),
(X) Other uses.
a. The sale and/or display of merchandise or other
commodities is prohibited,
b. Weddings, receptions, luncheons, cocktail parties, or
any other such function for which the owner receives
payment for the use of the facility, and which is not a
function for the personal use of the owner, their friends or
relatives, may be allowed if sufficient off-street or satellite
parking is provided and documented. The number of
functions shall not exceed twenty-four (24) events per year
nor more than two (2) events per month. The planning
division is to be notified of the functions taking place.
Notification shall be filed with the planning division on a
quarterly basis, indicating the type of function, the date., and
1?5