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HomeMy WebLinkAbout591-OBmil DATE: June 19, 2000 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request to amend Sec, 30.23 . I and Sec. 30-28 of the Zoning Ordinance to create the regulations for the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District and to create an overlay district that would govern signage in an area of west Beaumont., STAFF REPORT The Planning Manager recommends approval of these requests. In its desire to enhance the quality of development and prevent needless clutter, the Planning Commission, with the consent of City Council, undertook the development of a sign ordinance that would apply to an area in the west end of Beaumont. This area extend s, from west of Major to east of Dowlen Road and from north of Hwy. 105 to south of Gladys. This large area is mostly vacant at this time but will be the prime development area of Beaumont in years to come. This proposed ordinance would be applied to this area as an overlay district. The ordinance would regulate signs only. Land use, setbacks, parking, etc. would be governed by the underlying zoning districts. The proposed ordinance would require that all detached owner identification signs be monument signs. A monument sign is defined as "a sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. " The ordinance differentiates commercial/industrial signage by occupancy. Single tenant business establishments are allowed one detached sign per street frontage that abuts the property. Single tenant business establishments shall include those offering multiple services and/or goods. The sign shall not exceed six (6) feet in height and seventy (70) square feet in area. For multi -tenant business establishments, one detached sign is permitted per street frontage that abuts the property. Multi -tenant business establishments shall mean a development under the same ownership consisting of two or more business establishments separated by a tenant separation wall and using common driveways and onsite parking facilities. The sign shall not exceed twenty (20) feet in height and two hundred forty (240) square feet in area. STAFF REPORT continued Gasoline retailers are dealt with separately in the ordinance. One owner identification/pricing board sign is permitted per street frontage that abuts the property. Along Dowlen, Hwy. 105 and Major, the sign shall not be greater than fifteen (15) feet in height and one hundred (100) square feet in area. Along all other streets in the MD Sign Overlay District, a gasoline retailer shall also be permitted one owner identification/pricing board sign per street frontage that abuts the property. However, those signs shall not exceed six (6) feet in height and seventy (70) square feet in area. Legally nonconforming owner identification signs will be grandfathered except when the 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. At such time, the sign must either be removed or made to conform. Off -premise advertising signs (billboards) and bench advertising would be prohibited. Existing legally nonconforming off -premise advertising signs at the time of the adoption of the ordinance may be required to be relocated, reconstructed or removed by the City Council, all in accordance with the procedures as provided for in Chapter 216 of the Texas Local Government Code. Action on this matter is two -fold. Sec. 30-23 . I of the Zoning Ordinance would be amended to include the regulations for the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District. The second part would be the designation of the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District on the area extending 100 feet west of Major to the south side of Hwy. 105 to 100 feet east of Old Dowlen Road to 100 feet east of Dowlen to 100 feet south of Gladys. Exhibits are attached. LOCATION AND DESCRIPTION OF PROPERTY: FOR PLACE OF BEGINNING, begin at a point in the north right-of-way line of Tolivar Road, a 60' wide street right-of-way, said point also being in the southwest comer of Lot 7 and the same being the southeast comer of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; THENCE in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322,4, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50'to the centerline of said State Highway 105 to a point for comer; thence west along the centerline of State Highway 105 a distance of 200', more or less, to a point for comer; thence north a distance of 50' to a point in the north right-of-way line of State Highway 105; THENCE north 750' to a point for comer; thence cast 870' to a point for comer in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60' to a point in the centerline of Major Drive (FM 364); thence south a distance of 200', more or less, to a point for comer; thence east a distance of 60' to a point in the east right-of-way line of Major Drive (FM 364); THENCE east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the tt Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660' to a point for comer in the northeast coiner of Lot 2, Rand Addition; thence south a distance of 5 26.07' to a point for comer; THENCE cast along a line which is 200 feet north of and parallel to the north right-of-way line of State Highway 105 to a point in the west line of a 60' wide Drainage District #6 drainage casement; thence in a southeasterly course along the west line of the DD#6 drainage casement to a point which is 100' north of the north right-of-way line of State Highway 105; thence cast a distance of approximately one mile (1.0 mile) to a point in the west right-of- way line of the Eastex Freeway (US Highways 69, 96 and 287), said point lying 100' east of the east right-of-way line of Old Dowlen Road if Old Dowlen was extended north across State Highway 105; THENCE south crossing State Highway 105 and continuing south along a line 100' east of the east right-of-way line of Old Dowlen Road to a point in the north property line of the Wal-Mart Stores Subdivision; thence cast along the north line of said subdivision a distance of 954.83' to the northeast comer of said subdivision; thence south along the east side of said subdivision a distance of 896.70'to a point in the north right-of-way line of the 100' wide Dowlen Road; thence south a distance of 200' to a point 100' south of Dowlen Road; LEGAL DESCRIPTION FOR ORDINANCE PURPOSES continued THENCE in a northeast and easterly direction along a line 100' south of Dowlen Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson County Map Records); thence south along the west line of the Ed Snowden Subdivision and then continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the west line of a 60" wide Drainage District No. 6 drainage easement to a point in the north line of a 70' wide DD#6 drainage easement (Hillebrandt Bayou); thence south a distance of 35' to the centerline of the Hillebrandt Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of approximately 6,5 00' to a point for comer in the centerline of Hi Ilebrandt Bayou; THENCE west to the northeast comer of Lot 7, Block 1, Park West Addition; thence continuing west a distance of 261.69' to a point, and continuing west across the north lines, of Lots I - 4, Block 1, Park West Addition (J,C.M.R Vol. 15, P.208) an additional distance of 370.32' to a point in the northwest corner of Lot 1, Block 1, Park West to a point for comer in the centerline of Dowlen Road, a 100' wide right-of-way; THENCE south for 700' along the centerline of Dowlen Road to a punt at the north intersection of Dowlen Road and Wellington Place, a 60'wide street right-of-way, said point lying in the east line of Dowlen road; thence east a distance of 30' to a point in the centerline of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800', more or less, to a point for comer; thence due west and continuing along the centerline of Wellington Place a distance of 900', more or less, to a pant for comer, said point lying 100' east of the east right-of-way line of Dowlen road; THENCE south along a line 100' east of and parallel to Dowlen Road a distance of 1,600', more or less, to a point for comer 100' south of the south right-of-way line of Gladys Avenue; THENCE west crossing Dowlen Road and continuing west along a line 100' south of the south right-of-way line of Gladys Avenue to a point for corner 100' west of the west right-of- way line of North Major Drive (FM 3 64) and 100' south of the south right-of-way line of Gladys Avenue. THENCE north along a line 100' west of the west right-of-way line of North Major Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point being the corporate limits of the City of Beaumont; thence cast to a point in the centerline of North Major Drive (FM 364) being the corporate city limits; thence north along the centerline of North Major Drive (FM 364) to a point at the intersection of the southeast comer of the D. Easley Survey, Ab-20 and the northeast corner of the A. Huston Survey, Ab-33; thence west to a point being in the south line of the D. Easley Survey and in the north line of the A. Huston Survey, said point lying 100' west of the west right-of-way line of North Major Drive (FM 364); LEGAL DESCRIPTION FOR ORDINANCE PURPOSES continued THENCE continuing north along a line 100' east of and parallel to North Major Drive to a point in the north right-of-way line of the LNVA Canal (Lower Neches Valley Authority Canal); thence in a southwest direction along the northerly line of the LNVA Canal a distance of 800', more or less, to a point for comer; THENCE north 1,400', 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 cast line of Western Hills, Unit 2 a distance of 8 10' to a point for comer in the south right-of-way line of the 60'wide Tolivar Road right-of-way; thence north 32' east a distance of 70' to the PLACE OF BEGINNING, containing an area of 438 acres or 0.68 square miles, more or less. INCLUDING ALL OR PART OF: WINDSOR PARK. WINDWOOD PLACE WINDSOR GARDENS MARSHALL PLACE TOWNHOUSES MARSHALL PLACE #2 BEAUMONT WEST SECT 1, UNIT A BEAUMONT WEST SECT 2 MAJOR DRIVE OFFICE PARK BRIARWOOD VILLAGE GLADYS OFFICE PART CONDOS RIVERA CONDOS PECAN PLACE TOWNHOMES GLADYS WEST ROSELAWN INTERNATIONAL VILLAGE APTS HUNTERS GLENN GARDEN CONDOS PACE TERRACE WINCHESTER WEST PLACE WELLINGTON ESTATES PARK WEST BARRINGTON HEIGHTS DOWLEN ROAD CHURCH OF CHRIST BLUE LAKE ESTATES FOLMAR PLACE AUDUBON PLACE DOWLEN COMMERCIAL PLAZA DOWLEN PLAZA SHERATON WOODS WOOD PARTS ADDITION WALMART STORES REPLAT WINDEMERE PLAZA NORTHGATE RAND ADDITION THE MEADOWLANDS W E JOHNSON SUBDIVISION WEST HAVEN ROSEDALE DOWLEN GREEN CONDOS NECHES TERRACE GRIFFIN VILLA COTTON TAIL TRAIL AND TAX TRACTS OUT OF D. EASLEY SURVEY A. DUWE SURVEY H WILLIAMS SURVEY W.B. DYCHES SURVEY F. BIGNER SURVEY A. HUSTON SURVEY Signs.5.1 SIGNS See, 30-23, 1. Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations. (a) General Purpose 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 environment in the City of Beaumont; and promote the public safety, welfare, convenience and enjoyment of travel and the free 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 Ordinance: I MULTI -TENANT BUSINESS DEVELOPMENT shall mean a development under the same ownership consisting of two or more business establishments separated by a tenant separation wall, using common driveways and onsite 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. 2) SIGN, DETACHED shall mean a sign which is wholly supported by one or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. 3) SIGN, DOUBLE-FACED shall mean a single sign with two parallel sign faces back-to-back. 4) SIGN FACING shall mean the facing of any sign upon, against, or through which the message is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing shall mean the smallest 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 of the lettering, background material shall be included if the background is uniquely associated with the letters. 5) SIGN, FENCE shall mean a sign attached or affixed to any type of fence. 6) SIGN, MOBILE, shall mean a business sign used to advertise an establishment or services which is on or affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. 7) SIGN, MONUMENT shall mean a sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. 8) SIGN, MOVING shall mean a sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. 9) SINGLE TENANT BUSINESS ESTABLISHMENT shall mean a project or undertaking which involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered a single tenant business, establishment for the purposes of this ordinance. This definition shall include, but not be limited to, retail co -branding such as convenience stores with gas pumps and restaurants, grocery stores with banks and discount stores with other incidental uses. 10) TENANT SEPARATION shall mean a partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code. (c) Permitted Uses: The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries; FOR PLACE OF BEGINNING, begin at a point in the north right-of-way line of Tolivar Road, a 60'wide street right-of-way, said point also being in the southwest comer of Lot 7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded 2 subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; THENCE in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4', more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50'to the centerline of said State Highway 105 to a point for comer; thence west along the centerline of State Highway 105 a distance of 200', more or less, to a point for comer; thence north a distance of 50' to a point in the north right-of-way line of State Highway 105; THENCE north 750' to a point for comer; thence east 870' to a point for comer in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60'to a point in the centerline of Major Drive (FM 364); thence south a distance of 200', more or less, to a point for comer; thence east a distance of 60' to a point in the east right-of-way line of Major Drive (FM 364); THENCE east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660' to a point for comer in the northeast comer of Lot 2, Rand Addition; thence south a distance of 526.07' to a point for comer; THENCE cast along a line which is 200 feet north of and parallel to the north right-of-way line of State Highway t05 to a point in the west line of a 60'wide Drainage District #6 drainage casement; thence in a southeasterly course along the west line of the DD#6 drainage casement to a point which is 100' north of the north right-of-way line of State Highway 105; thence east a distance of approximately one mile (LO mile) to a point in the west right-of-way line of the Eastex Freeway (US Highways 69, 96 and 287), said point lying 100' east of the cast right-of-way line of Old Dowlen Road if Old Dowlen was extended north across State Highway 1 O�5; THENCE south crossing State Highway 105 and continuing south along a line 100' east of the cast right-of-way line of Old Dowlen Road to a point in the north property line of the Wal-Mart Stores Subdivision; thence cast along the north line of said subdivision a distance of 954.83' to the northeast comer of said subdivision; thence south along the east side of said subdivision a distance of 896.70' to a point in the north right-of-way line of the 100'wide Dowlen Road; thence south a distance of 200' to a point 100' south of Dowlen Road; THENCE in a northeast and easterly direction along a line 100' south of Dowlen Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson County Map Records); thence south along the west line of the Ed Snowden Subdivision and then continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the west line of a 60'wide Drainage District No. 6 drainage casement to a point in the north line of a 70'wide DD#6 drainage casement (Hillebrandt Bayou); thence south a distance of 35'to the centerline of the Hillebrandt Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of approximately 6,500' to a point for comer in the centerline of Hillebrandt Bayou; THENCE west to the northeast comer of Lot 7, Block 1, Park West Addition; thence continuing west a distance of 261.69' to a point, and continuing west across the north lines of Lots I - 4, Block 1, Park West Addition (J.C.M.R Vol. 15, P.208) an additional distance of 370.32'to a point in the northwest comer of Lot 1, Block 1, Park West to a point for corner in the centerline of Dowlen Road, a 100' wide right-of-way; THENCE south for 700�' along the centerline of Dowlen Road to a pant at the north intersection of Dowlen Road and Wellington Place, a 60'wide street right-of-way, said point lying in the cast line of Dowlen road; thence east a distance of 30' to a point in the centerline of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800', more or less, to a point for comer; thence due west and continuing along the centerline of Wellington Place a distance of 900', more or less, to a pont for comer, said point lying 100' east of the east right-of-way line of Dowlen road; THENCE south along a line 100" east of and parallel to Dowlen Road a distance of 1,600', more or less, to a point for comer 100' south of the south right-of-way line of Gladys Avenue; THENCE west crossing Dowlen Road and continuing west along a line 100' south of the south ri Rht-of-way line of Gladys Avenue to a point for comer 100' west of the west right-of-way line of North Major Drive (FM 364) and 100' south of the south right-of-way line of Gladys Avenue. THENCE north along a line 100' west of the west right-of-way line of North Major Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point being the corporate limits of the City of Beaumont; thence east to a point in the centerline of North Major Drive (FM 364) being the corporate city limits; thence north along the centerline El of North Major Drive (FM 364) to a point at the intersection of the southeast comer of the D. Easley Survey, Ab-20 and the northeast comer of the A. Huston Survey, Ab-33; thence west to a point being in the south line of the D. Easley Survey and in the north line of the A. Huston Survey, said point lying 100' west of the west right-of-way line of North Major Drive (FM 364); THENCE continuing north along a line 100' east of and parallel to North Major Drive to a point in the north right-of-way line of the LNVA Canal (Lower Neches Valley Authority Canal); thence in a southwest direction along the northerly line of the LNVA Canal a distance of 800', more or less, to a point for comer; THENCE north 1,400', 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 8 10'to a point for comer in the south right-of- way line of the 60'wide Tolivar Road right-of-way; thence north 32' east a distance of 70'to the PLACE OF BEGINN1NG, containing an area of 438 acres or 0.68 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 Wiling district classification, Sign Regulations: Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section. 1) Permit 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 Building Official in accordance with the requirements of this chapter and the Standard Building Code. 2) Prohibited Signs. The following types of signs are prohibited in this overlay district: a) Off Premise 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) Banners, except for grand opening signs 5 Pennants, decorations or other attention getting devices. h) After -hour parking of vehicles with owner identification signs on them so as to be seen from the street. 3) Signs in Residential -MD Districts: 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 identification 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: (1) Building wall signs will be prohibited. (2) The sign must be for permanent identification of a subdivision. (3) The sign shall not exceed twenty (20) square feet in area. (4) The sign shall not exceed a height of five (5) feet above the ground. (5) The sign shall not be illuminated except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (6) All parts of the sign may be located at the property line. (7) The sign shall meet the wind load requirements of the Building Code. b) One (1) detached owner -identification monument sign shall be permitted for a multiple family development, non- residential or institutional building for each abutting street, subject to the following conditions and restrictions: (1) The sign shall not exceed fifty (50,) square feet in area. (2) The sign shall not exceed six (6) feet in height. (3) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner. (4) All parts of the sign may be located at the property line. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet. 6 c) One (1) attached owner -identification 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: (1) The sign shall be attached to or painted on the outside of the building. (2) 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 fi-om the face of the building wall. (3,) The sign shall not exceed the height of the wall of the building to which it is attached. (4) The sign shall not be lighted except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (5) No sign shall exceed 10 percent of the area of the wall to which it is attached, or 150 square feet, whichever is less. 4) Signs in CommQncial and Industrial -MD 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) Single tenant business establishment - one detached owner - identification monument sign per street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (1) The sign shall not be greater than six (6) feet in height - the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. (2) The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. (3) All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet fi-om any other property line. 7 (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet. b) Multi -tenant business development - one detached owner - identification monument sign for each street frontage that abuts the property, shall be permitted subject to the following conditions and restrictions: (1) The sign shall not be greater than twenty (20) feet in height - the maximum height being measured from twenty-four (24) inches above the curb adjacent to the property. (2) The sign shall not exceed two hundred forty (240) square feet in area with the sign facing not to exceed two hundred (20�0) square feet. (3) All pails 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. (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet., C) Gasoline retailers owner identification/pricing board signs, - one detached owner-identification/pricing board sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (1) Dowlen Road, Hwy. 105 and Major 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 have flashing lights or any type of intermittent illumination. (e) The sign shall meet the wind lowad requirements of the Building Code. (f) The sign shall be placed in a landscaped setting of not less than 120 square feet. (2) All other streets in the MD Sign Overlay District (a) The sign shall not be greater than six (6) feet in height - the maximum height being measured form twenty-four (24) inches above the curb height adjacent to the property. (b) The sign shall not exceed seventy (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. (d) The sign shall not have flashing lights or any type of intermittent illumination. (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 120 square feet. (g) Exemptions: The following signs are exempted from the requirements of this section: (1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, detached sign provided no increase occurs with respect to either the area or nay such sign or the manner in which it is structurally supported. (2) Signs on trucks, buses or passenger vehicles which are used in the normal conduct of business. These vehicles shall not be parked after hours so as to be 0 seen from the street. (3) Name plate and street address signs, less than three (3) square feet in size. (4) Non -illuminated real estate signs, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property. (5) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises. (6) Warning, security and traffic directional signs less than eight (8) square feet in area and four (4) feet in height. (7) Election signs temporary in nature, 60 days maximum, less than eight (8) square feet in area and five (5) feet in height and not illuminated, when placed within a residentially zoned area. Election signs must be removed within 10 days after the election. (8) Grand opening signs, not exceeding twenty (20) square feet in area when it is an attached sign and not exceeding twenty (20) square feet in area and five (5) feet in height when it is a detached sign. The sign shall contain the words "Grand Opening"" only and must receive a fifteen (15) day building permit from the City of Beaumont. (9) Traditional and seasonal national, state and religious holiday displays erected without advertising shall not be subject to the provisions of this chapter, but shall be subject to the fire code and of the City of Beaumont. 14 (h) Continuation of nonconforming signs 1) All lawful nonconforming on -premise owner identification signs shall be allowed to exist in the MD Sign Overly 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 off -premise 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 accordance with the procedures as provided for in Chapter 216 of the Texas Local Government Code. 11