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HomeMy WebLinkAbout1015 10-10-1989ORDINANCE NO. 1015 AN ORDINANCE AMENDING THE FOLLOWING: ORDINANCE NO. 1005 IDENTIFIED AS THE EULESS FEE ORDINANCE BY ADDING FEES FOR OFF PREMISE ADVERTISING SIGNS, SPECIAL EVENT SIGNS, AND SIGN VARIANCE REQUESTS; THE CITY OF EULESS CODE OF ORDINANCES BY REPEALING SECTIONS 4 -40 THROUGH 4 -62, ARTICLE III, ENTITLED SIGNS AND BILLBOARDS; ORDINANCE NO. 347 IDENTIFIED AS THE EULESS ZONING ORDINANCE BY REPEALING SECTION 9 THEREOF ENTITLED SIGN STANDARDS AND REPLACING SAME WITH NEW SIGN REGULATIONS PROVIDING FOR PURPOSE AND INTENT, APPLICABILITY, DEFINITIONS AND SIGN CLASSIFI- CATIONS, PERMISSIBLE SIGNS, PROHIBITIVE SIGN CHARACTERISTICS, PERNITS, NON- CONFORMING USES/ - SIGNS AND SIGN VARIANCES, SEVERABILITY, PENALTY FOR VIOLATION, AND AN EFFECTIVE DATE; REPEALING SECTION 7 -1300 (43) THROUGH (52), AND SECTION 7 -1300 (99) THROUGH (106) ASSOCIATED WITH DEFINI- TIONS AND EXPLANATIONS OF SIGNS; REPEALING SECTION 11 (66) THROUGH (69) ASSOCIATED WITH GENERAL DEFINITIONS OF SIGNS; REPEALING SECTION 7 -1002 (55) ASSOCIATED WITH SPECIAL HEIGHT AND AREA OF SIGNS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain aspects of the community's values have changed since the approval of the current sign and billboard regulations; WHEREAS, the current sign and billboard regulations have become out of date and obsolete due to its ineffectiveness and ability to enhance the quality of life in the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS THAT: SECTION I SECTION 1 1/2 - 4.44(a) entitled SIGNS AND BILLBOARDS of Ordinance No. 1005 identified as SCHEDULE OF FEES hereby be amended by replacing its contents with the following: SECTION 1 1/2 - 4.44(a): SIGNS AND BILLBOARDS Annual permit fee for off premise advertising signs .... $1.00 per sq. ft. of sign area per year Permit fee for Special Event Signs ....................$65.00 per event Application fee for Special Signage Program .......... $500.00 All other sign permit fees based on cost of construction as per SECTION 1 1/2 - 4.100(a)(b) cler- -MM TT Ordinance No. 1005 identified SCHEDULE OF FEES be amended by adding to the bottom of SECTION 1 1/2 - A: ZONING, the following: Consideration of Sign Standard Variance ..........$450 Per Application Q12rW PTf%M TTT The City of Euless Code of Ordinances be amended by repealing SECTIONS 4 -40 through 4 -62 of ARTICLE 3 entitled SIGNS AND BILLBOARDS in its entirety. SECTION IV Ordinance No. 347 identified as the Euless Zoning Ordinance be amended by repealing the following: Section 7 -1300 (43) through (52) and Sections 7 -1300 (99) through (106) associated with definitions and explanations of signs; Section 11 (66) through (69) associated with the General Definitions of Signs; Section 7 -1002 (55) associated with the special height and area of sign; Sections 7 -1300 (43) -(69) and (99)- (106); Section 11 (66) -(69); Section 7 -1002 (55) shall herby be indicated as "RESERVED" after the repealed number. SECTION V Ordinance No. 347 identified as the Euless Zoning Ordinance be amended by repealing SECTION 9 entitled SIGN STANDARDS in its entirety and replacing same with new sign regulations as follows: ORDINANCE NO. 1015 — PAGE 2 OF 20 SECTION 9 SIGN REGULATIONS 9 -100 PURPOSE & INTENT The purpose of this section is to create a comprehensive, balanced system of street graphics and signs in order to facilitate safe, easy and aesthetically pleasing communication between the public and their environment. With this purpose in mind, it is the intention of these regulations to authorize the use of street graphics and signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors or of the community as a whole, and legible in the environment in which they are seen. Specific objectives are: (1) identify business, residential and public uses without creating confusion, unsightliness or visual obscurity of adjacent properties; (2) make all signs more visible and effective by eliminating the redundancy, clutter and chaotic effect that an overabundance of signs have on the environment; (3) preserve and enhance the City's quality of life; (4) preserve and enhance the attractiveness of the community because businesses, industries and residents are attracted or repelled by a community's appearance; and (5) preserve and enhance the City's own unique set of visual aesthetics which will attract more tourists to the area because of the variety, order and uniqueness offered within the community. 9 -200 APPLICABILITY All signs within the city limits of Euless shall be subject to the following regulations. The provisions herein contained are applicable to location, size, use, number and placement of signs and shall otherwise be considered supplementary to the City of Euless codes and ordinances pertaining to the erection, maintenance and operation of signs in the City, except where the provisions contained herein are in direct conflict with the provisions of such codes and such ordinances, in which event, conflicting provisions of such codes and ordinances are hereby repealed. 9 -300 DEFINITIONS AND SIGN CLASSIFICATIONS The following words and phrases contained in this section shall apply with respect to this code ordinance. DEFINITION OF SIGN - A sign is hereby defined as being any object, device, structure, or portion thereof, situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any ORDINANCE NO. 1015 - PAGE 3 OF 20 9 -300 (Cont'd) means, including words, letters, figures, designs, symbols, banners, flags, fixtures, colors, illumination, or projected images. OFF - PREMISE SIGN - A sign which advises the general public of goods and services available at a remote location from the parcel where the sign is located. ON- PREMISE SIGN - A sign which advises the general public of goods and services available on the lot where the sign is located. PERMANENT SIGN - A sign which is intended to last for an indefinite period of time and is structurally affixed to a foundation or building. ROADWAY TYPE - Roadway types shall be defined as per the latest adopted thoroughfare plan of the City of Euless and are specifically listed here. Thoroughfares are divided up into the following: Freeways: shall include those roadways which are classified as federally aided primary highways. These are more specifically described as S.H. 183, S.H. 121 and S.H. 360. Major Arterials: shall include those roadways whose primary function is to carry multi- jurisdictional traffic and, for the purpose of this ordinance, are hereby specifically limited to S.H. 10, FM 157, and Mid - Cities Blvd. Minor Arterials: shall include Glade Road, Harwood Road, West Pipeline, Raider Drive, Westpark Way, and Main Street. Collector and Local Roadways: shall be considered all other roads not specifically named herein. SETBACKS - Shall be calculated in all cases to property lines, except as otherwise provided herein. Setback of Sign (Front) - The distance a sign must set back from any street right of way line. Setback of Sign (Side)- The distance a sign must set back from the side property lines except for lots having more than one frontage, in which case the side setback shall apply to the property lines running most parallel to the sign face. SIGN AREA, CALCULATION OF - The area of a sign shall be computed by drawing a line or lines around the sign in such a way as to form not more than four ( 4 ) regular geometric figures such as a triangle, circle, rectangle, or trapezoid. The sum square footage of these figures shall be considered as the total area of the sign face. A sign face may be single sided or double sided, as with a typical pole sign; however, to calculate the area of a multi -sided sign, the sum of all sides of the sign shall not exceed twice the area specified for the sign face. SIGN FACE - The actual surface upon which the message of a sign is displayed. In the case of wall, fence or facade mounted signs, the area contained within the outermost limits of the letters, logos, numbers, insignias, etc., shall be considered the sign face. Except for wall signs that use the wall as its sole ORDIlMNCE NO. 1015 - PAGE 4 OF 20 9 -300 (Con'd) background, only those sign faces defined below shall be deemed in compliance with this ordinance: Billboard Sign: any sign whose message may be changed by painting on or posting a bill upon the sign's face. Changeable Reader Board: any sign with strips or devices attached to the face of the sign to hold readily moveable letters and numbers. Electronic Message Center: any sign that has the ability to electronically change the messages that they display. Preformed Sign Faces: any sign that is fabricated at another site whose message is not designed to change. Such signs include, but are not limited to, plastic or fabric signs that may be supported by a frame and may be illuminated from within. SIGN FUNCTION - The purpose the sign serves. Sign functions consist of the following: Advertising Sign:- any sign advertising any goods or services offered remotely from the site where the sign is located. Announcement Sign: any temporary sign which announces a character or description of proposed buildings or use (i.e., coming soon..., future site of.., (etc.). Construction Sign: any temporary sign that describe the contractor(s), architect(s), lending institution, etc., responsible for the on -site construction currently in progress. Development Sign: any temporary sign that promotes new developments or additions or developments. General Business Sign: any sign or graphic devices that advises the general public of goods and services offered on the premises. Institutional Sign: any sign used for the purpose of identifying school, church, hospital, or similar public or quasi - public institution. Parkway Sign: any temporary off -site sign located within the public right -of -way. Real Estate Sign: any temporary sign offering to sell, lease, or rent individual dwellings, real property, or lease spaces other than those for self storage facilities which are defined by General Business Signs. Business Center Directory Sign: any sign that conveys the name of the business center, and the tenants that occupy the center. ORDIWCE NO. 1015 - PAGE 5 OF 20 9 -300 (Cont'd) Special Event Sign: any nonrigid temporary sign for special events or business grand openings. Subdivision Entry Sign: any sign that identify the entrance of various subdivisions and developments within the City. STRUCTURAL TYPES - The method by which the sign face is to be supported. Structural types consist of the following: Banner Signs: signs intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fiber of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or business shall not be considered banners for the purpose of this ordinance. Ground Signs: signs supported by poles or supports in or upon the ground, independent of support from any building and having less than seven feet (7') from the bottom of the sign face to the ground. Pole Signs: signs supported by poles or supports in or upon the ground, independent of support from any building, and maintaining a minimum distance of seven feet (7') from the bottom of the sign face to the ground. Portable Signs: ridged signs constructed off the site and not permanently affixed or attached to the ground or to the permanent building or structure and shall include any sign originally designed to be easily moved from place to place whether rigidly attached to the ground or permanent structure. Vehicle Signs: signs mounted on a vehicle, including trailers, normally licensed by the State of Texas. Wall Signs: signs erected flat against any wall, supported by the wall, having the sign face parallel to and not more than 12" from the wall surface in any direction. Neon tubing attached directly to a wall surface shall be considered a "wall sign ". TEMPORARY SIGN - A sign which is not structurally affixed to a foundation or building. ZONING DISTRICT - The primary use of the zoning district where the sign may be located. 9 -400 PERMISSIBLE SIGNS Except as specified by Section 9 -700 herein, it shall be a violation of this code to erect, place, or locate any sign that serves any function other than those specified herein, and then only when in compliance with the zoning district, qualifications, maximum area, maximum height, minimum setbacks, ORDINANCE NO. 1015 - PAGE 6 OF 20 9 -400 (Cont'd) maximum number of signs, minimum sign separation, permit and other requirements specified herein. 9 -401 PERMANENT ON- PREMISE SIGNS The following standards shall apply to permanent on- premise signs located at a site where the sign directs attention to. (1) WALL SIGNS Wall signs may be erected on any building not zoned or used for single family or single family attached dwelling purposes. Such signs may serve the same function as on- premise pole or ground signs specified herein. Wall signs shall not exceed twenty percent (205) of the wall elevation nor shall they extend above the roof line or parapet line of the building on which it is located. Any number of wall signs may be permitted per building, however, the sum of the areas of the wall signs on each wall elevation shall not exceed twenty percent (20 %) of the wall elevation. For the purpose of this code, pitched or mansard roofs shall not be used in calculation of wall elevation. (2) ROOF SIGNS Roof signs may be erected on nonresidential buildings in commercial or industrial zoning districts having pitched roofs provided the top of the roof sign extends no higher than the roof peak. Roof signs erected on mansard roofs shall not extend above the mansard. The maximum sign area for roof signs shall be limited to fifteen percent (15 %) of the exterior wall elevation over which the roof sign is oriented. (3) PROJECTION SIGNS Projection signs may be erected on nonresidential buildings in commercial or industrial zoning districts provided no portion of the sign extends over any property line nor extends over the required building line more than twenty -five percent (25 %) of the minimum building setback requirement for that zoning district. The maximum area for any projection of sign shall be limited to fifty square feet (50 sq. ft.) per sign face and that no pole or ground sign is or shall be located on the property. No projection sign shall extend above the top plate line nor be less than seven feet (71) from the bottom of the sign to the ground. (4) POLE /GROUND SIGNS (See Table 9 -401 (4) next page) (5) POLE /GROUND SIGNS ALONG FREEWAYS (See Table 9 -401 (5) next page) ORDINANCE NO. 1015 - PAGE 7 OF 20 9 -401 (4) PERMANENT ON- PREMISE POLE /GROUND SIGNS The following standards are applicable to permanent, on- premise pole & ground signs. The applicable maximum area and height shall be determined by the classification of the street(s) the property fronts on. ORDIM= NO. 1015 — PAGE 8 OF 20 STREET CLASSIFICATION LOCAL A COLLECTORS UMMlMA MAximum AREA HEIGHT 20 sq. ft. 4 ft. 20 sq. ft. 8 ft. 50 sq. ft. 15 ft. 20 sf per tenant up to 260 sf 15 ft. inclusive of shop at. ID 50 sq. ft. 15 ft. 30 sq. ft. 6 ft. 20 sq. ft. per gross 6 ft. platted acre iL)t+tING fitJALIFI = FRONTI #SIGNS SIGNfUNCTION I CATIONS SETaA0K SET6AW ALLOWED lawfully 1 per APARTMENT / CONDOMINIUM SINGLE- existing non- 5 ft. 15 % of street IDENTIFICATION SIGN FAMILY conforming lot width front use I.E.; signs that identify the name, owner or other MULTI- NONE 1 per 200' identifying characteristics FAMILY of street lawfully about any residential 5 ft. 10 % of frontage or complex developed under a COMM. existing non- lot width portion of unified plan. conforming use GENERAL BUSINESS SIGNS 1 per 200' of street I.E.; signs advising the COMM. NONE 5 ft. 10 % of frontage or public of goods and services & IND. lot width portion of offered on the premises. BUSINESS CENTER DIRECTORY SIGNS must contain 1 per I.E.; signs that convey the COMM. more than 10 ft. 15 % of street name of the business center, & IND. 4 separate lot width frontage & the tenants that occupy lease the center. spaces INSTITUTIONAL SIGNS 1 per 200' I.E.; signs that identify ALL NONE 10 ft. 15 % of of street schools, churches, hospitals, lot width frontage or or other similar public or portion of semi- public institutions. must TWO per SUBDIVISION SINGLE- contain 5 10 ft. none entry (1 ENTRY SIGNS FAMILY or more per side of acres of street) I.E.; signs that identify land or TWO per various subdivisions and COMM 20 or more 10 ft. none entry (1 developments within the City. & IND. platted per side of lots street) ORDIM= NO. 1015 — PAGE 8 OF 20 STREET CLASSIFICATION LOCAL A COLLECTORS UMMlMA MAximum AREA HEIGHT 20 sq. ft. 4 ft. 20 sq. ft. 8 ft. 50 sq. ft. 15 ft. 20 sf per tenant up to 260 sf 15 ft. inclusive of shop at. ID 50 sq. ft. 15 ft. 30 sq. ft. 6 ft. 20 sq. ft. per gross 6 ft. platted acre 9 -401 (5) PERMANENT ON- PREMISE POLE /GROUND SIGNS ON STATE HIGHWAYS The following standards are applicable to permanent, on- premise pole & ground signs located along freeways and freeway frontage roads. APARTMENT /CONDOMINIUM IDENTIFICATION SIGN I.E.; signs that identify the SINGLE- FAMILY legally existing non - conforming use 20 sq. ft. 4 ft. 10 ft. NONE TWO per entry DIRECTORY SIGNS name, owner or other MULTI- NONE identifying characteristics FAMILY contain more tenant up to about any residential complex 150 sq. ft. 20 ft. developed under a unified plan. COMM. legally existing 800 sf 40 ft. 10 ft. 15 % of non - conforming name of the business center, & & IND. separate inclusive of use 10 ft. lot width GENERAL BUSINESS SIGNS I.E.; signs that advises the general public of goods and services offered on the premise COMM. 5 ft. 1 115 ot width I 1 per street front 5 ft. I 10 % of I 1 per 200' of lot width street frontage or portion of I per 200' of NONE I 250 sq. ft. I 50 ft. I 5 ft. ( lot widoh I street front ge or &IND. hotels /motels, retail fuel sales, & restaurants 300 sq. ft. 80 ft. 5 ft. 15 % of within 300 feet of lot width freewav R.O.W. ONE BUSINESS CENTER SINGLE- must contain 5 50 sq. ft. 8 ft. 10 ft. NONE TWO per entry DIRECTORY SIGNS FAMILY must 40 sf per (one per side I contain more tenant up to of street) I.E.; signs that convey the COMM. than 4 800 sf 40 ft. 10 ft. 15 % of ONE per name of the business center, & & IND. separate inclusive of 30 feet 10 ft. lot width street frontage the tenants that occupy the & IND. lease spaces shop ct. ID (one per side center. platted acre of street) INSTITUTIONAL SIGNS I.E.; signs that identify schools, ALL NONE 250 sq. ft. 50 ft. 5 ft. 15 % of 1 per 200' of churches, hospitals, or other lot width street frontage similar public or semi- public or portion of institutions. SUBDIVISION SINGLE- must contain 5 50 sq. ft. 8 ft. 10 ft. NONE TWO per entry ENTRY SIGNS FAMILY or more acres (one per side I of land of street) I.E.; signs that identify various or subdivisions and developments COMM. 20 or more 50 sq. ft. 30 feet 10 ft. NONE TWO per entry within the City. & IND. platted lots per gross (one per side platted acre of street) ORDINANCE NO. 1015 — PAGE 9 OF 20 9 -402 PER1r]WM OFF- PREMISE SIGN The following standards are applicable to permanent off- premise advertising signs or billboards which promote or advertise commodities or services not limited to being offered on the premises where such sign is located. Off - premise signs shall be permissible as a permanent sign provided all of the following requirements have been met: (1) The subject property is zoned Limited Industrial (L1), Light Industrial (I -1) or Heavy Industrial (I -2) as per the current zoning ordinance of the City of Euless. (2) Maximum area of the advertising sign does not exceed 1,000 square feet per sign face. (3) Maximum height of the sign does not exceed thirty -five feet (35') in height. (4) The sign is set back from all property lines a minimum of twenty -five feet (25'). (5) The sign is located no closer than two hundred fifty feet (250'), measured parallel with the street right -of -way, from any other off - premise advertising sign whether existing or a permit for such sign has been authorized. (6) The sign is located a minimum of two hundred fifty feet (250') from any property used for residential purposes or zoned for residential usage. (7) The property is not located within 3,000 feet of S.H. 183, S.H. 121, or S.H. 360. (8) A current annual use permit has been issued. (9) None of the prohibitive characteristics contained within this section are violated. 9 -403 TEMPORARY ON- PREMISE SIGNS In addition to the permissible permanent signs authorized herein, the following temporary on- premise signs are permitted. (1) POLE /GROUND SIGNS (See Table 9 -403 (1) next page) ORDINANCE NO. 1015 — PAGE 10 OF 20 9 -403 (1) TEMPORARY ON- PREMISE POLE /GROUND SIGNS The following standards are applicable to temporary, on- premise pole & ground signs located on all streets. Such signs shall be valid only for the duration specified herein or upon expiration of the annual permit. SIGN FUNCTION' ZONING 11M MAXIMUM FRONT SSE fi` SIGNS DISTRICT.: QUALIFICATIONS DURATION AREA Hi(aHT > SETBACK SETBACK >' PERMIiED .`: developed land 1 per 200' of greater than 16 sq. ft. 6 ft. NONE 10% street frontage or 2 acres LOT WIDTH portion of all REAL ESTATE SIGNS SINGLE- TEMPORARY FAMILY undeveloped removal upon 1 per 200' of I.E., signs offering the land expiration of 32 sq. ft. 10 ft. NONE 10% street frontage or sale, lease or rent of annual permit or LOT WIDTH portion of individual dwelling units, within 7 days real property, or lease of sale or space, other than self- MULTI- vacant land rental of 1 per 200' of storage facilities. FAMILY, or property 40 sq. ft. 15 ft. NONE 10% street frontage or Self- storage facilities see COMM. single tenant LOT WIDTH portion of general business signs. &IND. buildings TEMPORARY COMM. multi- tenate removal upon & IND. buildings expiration of 1 per 200' of (shopping annual permit or 32 sq. ft. 10 ft. NONE 10% street frontage or ct's., office within 7 days LOT WIDTH portion of buildings, etc) from becoming 85% occupied TEMPORARY ANNOUNCEMENT SIGNS removal upon property expiration of 1 sign per 10 I.E., sign announcing the MULTI- platted for annual permit or 32 sq. ft. 15 ft. 5 ft. 10% gross acres or character or description of FAMILY, development within 7 days of LOT WIDTH portion thereof proposed building(s) COMM. completion of (i.e., coming soon..., & IND. construction or future site of .... etc.) upon the granting of a develop- ment sign TEMPORARY DEVELOPMENT removal upon SINGLE & currently expiration of 1 sign per 10 I.E., signs that promotes MULTI- under annual permit or 200 sq. ft. 20 ft. 10 ft. 10 ft. gross acres or new developments for sale FAMILY construction within 7 days portion thereof lease within an Addition from becoming 85% occupied CONSTRUCTION SIGNS SINGLE- TEMPORARY 12 sq. ft. 6 ft. 10 ft. NONE 1 per 200' of FAMILY currently removal upon street frontage or I.E., sign describing the under expiration of portion of contractor(s), architect(s), construction annual permit or lending institution, etc., MULTI- within 7 days of 1 per 200' of responsible for the on -site FAMILY, completion of 32 sq. ft. 15 ft. 10 ft. NONE street frontage or construction in progress. COMM. construction portion of & IND. ORDINANCE NO. 1015 — PAGE 11 OF 20 9 -403 (Cont'd) (2) SPECIAL EVENT SIGNS Upon approval of a special event sign permit, a nonrigid temporary sign such as a balloon or other inflatables, may be displayed to alert the public of business grand openings, special sales, or events and the like. Special event signs shall not be located or displayed to interfere with the movement or sight visibility of pedestrian or vehicle traffic and shall be made of safe material and erected and displayed in a safe manner. No special event sign shall be erected, placed or displayed for a period greater than 21 days or without first obtaining a permit for same. No more than two special event signs shall be displayed for any one business during any calendar year. Applications for special event signs shall consist of an application fee, as established by the City of Euless fee ordinance, and depict the nature, size, shape, content, height, type of material and location of such requested sign. (3) SIGNAGE OF TEMPORARY USES Uses that have been approved on a temporary basis by City Council may errect a sign that conforms the Special Event Signs requirements stated herein. Permits issued for a Special Event Sign in conjunction with a temporary use shall be valid only for the duration that such temporary use has been authorized. 9 -404 TEMPORARY OFF - PREMISE SIGNS An unlimited number of off -site parkway signs may be erected provided that all the following requirements have been met. Any parkway sign placed or located in violation of this ordinance shall be subject to all the penalties for violation stated herein and may be subject to immediate removal. Upon abatement of any parkway sign by the City, the City shall make reasonable and timely effort to notify the sign owner of such action. Signs abated by the City may be claimed up to 14 calendar days from date of abatement. The city manager may establish an administration fee to recover the costs incurred for removal of signs in violation of this code and the notification of the sign owner of such action. Such administrative fee shall not exceed five dollars ($5.00) for each sign claimed. Parkway Sign Requirements: (1) A permit is to be obtained from the building official in advance of erecting any parkway sign. (2) No such sign shall be permitted from 12:00 noon on Monday until 12:00 noon on the following Friday. ORDINANCE NO. 1015 - PAGE 12 OF 20 9 -404 (Cont'd) (3) No such sign shall be placed in front of any improved property without written consent of the occupant and owner of such property, or in front of any public park or municipal building unless authorized by the city manager. (4) No such sign shall be located: (a) within the median of any public right -of -way; (b) nearer than five feet to the edge of pavement or back of curb, whichever is greater; (c) nearer than twenty feet (20') to the intersection of two intersecting streets as measured from the end of the curb return; or (d) so as to block or obscure the vision of any traffic or safety sign or signal. (5) No more than one such sign for each person or company displaying the same relative information shall be permitted along any one block or within five hundred feet (5001) from another, whichever is less. (6) No such sign shall exceed three feet (31) in height or three feet (31) in area. (7) All such signs shall be made of durable weatherproof material. (8) No such sign shall be placed, erected or maintained unless the responsible party shall have executed an instrument agreeing to indemnify and hold harmless the City from any and all liability, directly or indirectly occurring from the erection, placement, maintenance, removal or failure to remove such signs pursuant to the provisions to this ordinance. 9 -405 PERMISSIBLE SIGNS NOT REQUIRING PERMITS The following signs shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibilities of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or code regarding the same. (1) Name Sign: sign having an area of not more than two square feet (2 sq. ft.), the message of which is limited to conveying the address and /or name of the premises, and /or owner, and /or occupant of the premises. (2) Warning Sign: sign having an area of not more than six square feet (6') nor height greater than six (6) feet, the message of which is limited to warning of danger or prohibitions or regulations of the use of the property or traffic parking thereon. (3) Real Estate Sign: on- premise signs having an area of not more than six square feet (6 sq. ft.) and not more than six feet (6') in height, advertising the premises for sale or rent and providing for their removal upon the sale or rental of the premises. (4) Open House Sign: on- premise signs advertising the display of an open house or unlocked unit for sale, lease or rent. ORDNANCE NO. 1015 - PAGE 13 OF 20 9 -405 (Cont'd) (5) Holiday Decorations: signs or materials displayed in a temporary manner on or prior to traditional, civic, patriotic or religious holidays. (6) Vehicle Sign: sign located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four hours or for a longer period where the primary purpose of such parking is not the display of any sign. (7) Changeable Copy: the changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board such as a theater marquee, electronic reader board or similar signs specifically designed for use of replaceable copy. (8) Window Sign: sign painted on or located inside an enclosed building and visible through a window or windows thereof. (9) Political Sign: sign advocating a candidate for public office or a position on an issue to be determined at an upcoming scheduled election provided same are removed within seven calendar days after the election and are not located on public properties except in accordance with Section 9 -404 herein. (10) Internal Sign: sign visible only from the premises on which located or visible off the premises only through a window or windows from which they are set back at least ten feet (10'). (11) Certain On- Premise Banner Sign: comply with the requirements of Signs placed on sign supports pole /ground signs. banner sign placed on buildings that wall or parapet standards; Banner that comply with the standards for (12) Governmental Sign: sign posted by duly constituted governmental authorities in pursuance of their public duties. (13) Memorial Sign: markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. (14) Gasoline Price: gasoline price or credit card sign permanently affixed to pump islands or canopy not exceeding twelve square feet (12 sq. ft.)in area. (15) Search Lights: search lights used to draw attention to a special event provided such lights are not located within two hundred feet (200') of a residence and do not shine into the eyes of occupants in any vehicle or into any residential window or where the illumination interferes with the readability of any traffic signal or device. (16) Garage Sale Sign: on- premise sign advising the general public of a lawfully permitted Garage Sale occuring on the premise. Such sign shall NOT be greater than 6 feet in height nor exceed 6 square feet. No more than one such sign shall be authorized per garage sale permit and then only for the duration that the permit is valid. ORDINANCE NO. 1015 - PACE 14 OF 20 9 -500 PROHIBITIVE SIGN CHARACTERISTICS It shall be in violation of this ordinance for any person, company or agent to erect, place, display or locate any sign having any of the following prohibitive characteristics: (1) Notion: No sign shall have any moving, swinging or animated parts or images, whether such movement is caused by machinery, electronics, wind or otherwise. (2) Excessive Illumination: No illuminated sign shall be permitted to produce visual discomfort for viewers on other properties or on adjacent streets. (3) Obstruction of Traffic Signal Visibility: No sign shall be located in the direct line of vision of any traffic control signal from any point in a moving traffic lane within fifty feet (50') of such signal. (4) Obstruction of Intersection Visibility: No sign shall be located which obstructs the vision or sight distance of drivers or pedestrians at any street intersection, street crossing or point of traffic concentration. (5) Extensions Over Public Property: No sign shall be located on, over or above any public land or right -of -way except where specifically authorized herein. (6) Portable Sign: No sign except as specifically authorized by 9 -404 herein shall be located, placed or displayed which is constructed off the sign site and is not permanently affixed or attached to the ground or to a permanent building or structure and shall include any sign originally designed to be moved easily from place to place, whether rigidly attached to the ground or permanent structure or not. (7) Proximity to Power Lines: No portion of any sign shall be located closer than 10 feet to any overhead power or service lines. (8) Unauthorized Sign: No sign shall be permitted which is not included under the types of signs permitted by this ordinance. (9) Obscenities: No sign shall contain obscene, indecent or immoral words, pictures or other matter. (10) Imitation Governmental Signs: No signs shall imitate governmental signs including traffic control signs and /or devices. (11) Blocking of Public Access: No sign shall block or obstruct public access, fire escapes, traffic disability, utilities, etc. (12) Signs on Utility Poles: No sign shall be placed on or attached to other signs, utility poles, fire hydrants, trees, flag poles, street lamps or other means of support of an outdoor advertising display. ORDIlVA= NO. 1015 - PACE 15 OF 20 9 -500 (Cont'd) (13) Painting on Streets: No painting, marking or attachment of a sign to the street, sidewalk, building other than house numbers or occupants name or as provided by this ordinance. (14) Certain Real Estate Signs: No real estate sign located on any lot less than two acres platted for one or two family dwellings shall exceed six square feet (6 sq. ft.) or six feet (6') in height. 9 -600 PERMITS Except as herein provided, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the building official. 9 -601 PERMIT TERMINATION A permit issued for any sign and its supporting structure shall automatically terminate after the use for which the sign directs attention to is discontinued for a period of 180 days or longer. Additionally, an annual permit shall automatically terminate and be deemed void on the first of January of each year. A permit issued for any sign including its supporting structure, shall automatically terminate in the event the sign shall fail and not be corrected within 180 days. Upon cessation of the permit for any sign, such sign and its supporting structure shall thereafter constitute a non- permitted structure and shall be subject to removal pursuant to the provisions of the building code and the owner thereof or occupant of the premises upon which the sign is situated shall be subject to fine and /or penalty as provided pursuant to the provisions of this code and the building codes of the City of Euless. 9 -602 APPLICATION FOR PERMIT Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The building official may require the filing of plans or other pertinent information which, in his opinion, such information is necessary to insure compliance with this code. Standard plans may be filed with the building official. 9 -603 FEES A sign permit fee and a plan checking fee shall be paid to the City of Euless in accordance with the most current fee schedule adopted by the City of Euless. 9 -604 MAINTENANCE All signs and supporting structures, together with all their supports, braces, guys and anchors, shall be kept in repair and proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times. ORDINANCE NO. 1015 - PAGE 16 OF 20 9 -605 INSPECTIONS All signs for which a permit is required shall be subject to inspection by the building official. Footing inspections may be required by the building official for all signs having footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code, and electrical components shall bear the label of an approved testing agency. The building official may order the removal of any sign that is not maintained in accordance with this ordinance. All signs may be reinspected at the discretion of the building official. 9 -700 NONCONFORMING USES /SIGNS AND SIGN VARIANCES It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming uses, eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. Any sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign. Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the schedule of on- premise signs contained in Section 9 -400 herein and other applicable sections of this ordinance irregardless of the zoning district in which the use the sign serves is located. 9 -701 USE OF LAWFULLY EXISTING NONCONFORMING SIGNS Any permanent nonconforming sign that was lawfully erected and operated prior to the effective date of this ordinance may be used and maintained exactly as such existed upon the effective date of this ordinance. No lawfully existing nonconforming sign shall: (1) be changed to another nonconforming sign except as provided for by Section 9 -702 of this ordinance; (2) have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of messages such as a changeable reader board or electronic message center or billboard; ORDINANCE NO. 1015 - PAGE 17 OF 20 9 -701 (Cont'd) (3) be structurally altered so as to prolong the life of the sign or change the shape, size, type or design of the sign; (4) be reestablished after the activity, business, or usage to which it relates has been discontinued over a period of 180 days or longer; (5) be reestablished after damage or destruction of said sign if the estimated expense of reconstruction exceeds fifty percent (50 %) of the reproduction cost. 9 -702 VARIANCES TO THE SIGN STANDARDS The Board of Adjustment may grant variances from the requirements of subsection 9 -400, herein upon application and finding that the granting of the variance will reduce the degree of nonconformity of an existing sign or will result in the removal of one or more lawfully existing nonconforming signs and replacement by sign or signs more in keeping with the spirit, purpose and provisions of this ordinance. Should the Board of Adjustment grant a variance which permits the erection or maintenance of a nonconforming sign, said sign shall be deemed a lawfully existing nonconforming sign and shall be subject to the requirements for same stated herein. 9 -800 SPECIAL SIGNAGE VARIANCE REQUIREMENTS To avoid unnecessary hardship in the strict application of Section 9 -400 and to allow for flexibility in design and to provide for creative and unique signage, the City Council may grant a variance from the requirements of Subsection 9 -400 upon application and finding that the literal enforcement thereof would result in an unnecessary hardship in the permitted signage for a development or group of developments and that a variance is necessary because such development or group of developments differs from other developments within the city due to its plan of development, location, area, shape or slope such that its signage cannot be permitted hereunder in a manner commensurate with other developments within the city. Variance from the provisions of Subsection 9 -400 shall not be granted to relieve a self- created or personal hardship, nor for financial reasons only. Any such variance shall comply with the intent of this section and shall be granted only where same shall have the effect of enhancing the quality of life and unique character of the community. Any such variance shall not be granted except by a three - fourths (3/4) vote of the members of the City Council of the City of Euless. 9 -801 SPECIAL SIGNAGE VARIANCE APPLICATIONS Special signage variance applications shall include all drawings, descriptions, and details necessary to describe the proposal and the specifics of the variance requested, together with a properly completed application form supplied by the city, payment of the application fee for such variance as established by the Euless Schedule of Fees, and a certificate stating that all city and school taxes have been paid current to date for all properties involved in the development or group of developments for which such special signage variance is requested. ORDIMNCE NO. 1015 - PAGE 18 OF 20 9 -802 SPECIAL SIGNAGE PERMITS Upon grant of a special signage variance, all appropriate permits for such signage shall be obtained from the building official within one hundred eighty (180) days, unless such time limit is extended by the City Council by a three - fourths (3/4) vote of the members thereof. Failure to obtain the necessary permits for such special signage variance within the time period herein specified shall automatically terminate the grant of such variance. In the event any sign or signs erected in conformity with special signage variance consist of standards that differ from those established by this section, such sign(s) shall be considered lawfully existing non - conforming signs and shall be subject to the requirements stated within this section for same. ORDINANCE NO. 1015 - PAGE 19 OF 20 SECTION VI PENALTY FOR VIOLATION: Any person, firm or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed One Thousand ($1,000.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION VII SEVERABILITY CLAUSE: It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION VIII EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVE�N FIRST READING at a regular meeting of the Euless City Council on the No day of 5010514800E. , 1989, by a vote of Jr ayes, 0 nays, and Q_ abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 10th day of October 1989, by a vote of 4 ayes, _0 nays, and 0 abstentions. APPROVED: 91?�dD. Samuels, ayor , CMC /AAW,/ City Secretary AS McFarland, City Attorney ORDIMNCE NO. 1015 - PAGE 20 OF 20 x }.