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ORD 548 10/23/2001Ordinance No. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO DELETING ORDINANCE NO. 348 AND ITS SUBSEQUENT AMENDMENTS, AND ADOPTING AN ORDINANCE ENTITLED "SIGN ORDINANCE." ARTICLE IX SIGN STANDARDS SECTION I- Purpose SECTION 2 -Objective SECTION 3 - Definitions SECTION 4 - General Provisions SECTION 5 - Prohibited Signs SECTION 6 - Allowed Signs Not Needing Permits SECTION 7 - Off -Premise Signs SECTION 8 - On -Premise Signs Page 1 of 15 PAGE 2 ARTICLE IX - SIGN STANDARDS SECTION PURPOSE The City of Cibolo, Texas recognizes the need for signs. It is intended that this Code regulate the location, size, construction, erection, duration, use and maintenance of certain signs within the jurisdiction of the City. SECTION 2 OBJECTIVE The City of Cibolo, Texas adopted this Article on Sign Standards in order to specifically protect the health, safety and welfare of its citizens, to protect the convenience and enjoyment of its citizens, to protect the public from damage or injury caused or attributed to distractions and destruction caused by improperly designed or located signs, to promote property values; to promote community environmental setting and appearance especially where tourism or scenic beauty is important, and to support the objectives of the individual zoning districts. SECTION 3 DEFINITIONS IX 3.1 Sign Types/Definitions A —Billboard --Any flat surface erected on a frameback or on any structure, or attached to posts and used for, as designed to be used for, the display of advertising material for the purpose of advertising a business or activity not located on the same premises as the billboard. Mobile advertising and hand -carried signs shall not be considered a billboard. B. Mall: Any concentration of retail stores and/or service establishments which share customer parking area and have common connections, common areas and connecting walkways, whereby a customer in one store or establishment may walk to another store or establishment without leaving the development. C. Shopping Center: Two (2) or more retail stores and/or service establishments, or one (1) or more retail store and one (1) or more service establishment sharing customer parking area and entrance ways, regardless of whether said stores and/or establishments occupy the same or separate structures or are under separate ownership. D. Signs (in general): A name, I.D., description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, person., product, place, activity, institution or business. A bumper sticker shall not be deemed to be a sign under this Article. E. Signs Abandoned/Obsolete: Signs which advertise a product, service or business no longer available or in operation; a sign which is not being maintained. Six (6) months after the cessation of a product, service or business at said location shall be presumed that the on premise sign is abandoned. F. Sign, Advertising Vehicle or Trailer: Any vehicle or trailer which has as its primary purpose the advertisement of products or direction of people to a business or activity, whether located on or off - premise of such business or activity. G. Sign Area: The area of any free-standing sign or billboard shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles or circles which fully contain all extremities of the sign, including the frame but excluding any supports. Sign area for all other signs shall be the sum of the area of the minimum imaginary rectangles, triangles or circles' which fully contain all words, numbers, figures, devices, designs or trademarks by which anything is made known. To compute the allowable square footage of sign area, only one (1) side of a double face sign shall be considered. Page 2 of 15 H. Sign, Auxiliary: Any sign indicating general information such as pricing, trading stamps, credit cards, official notices or services required by law, trade associations and signs giving directions to offices, restrooms, exits and like facilities. I. Sign, Banner: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind, supported by wire, rope or similar means. J. Sign, Bench: Any sign painted on or affixed to a bench normally used for seating, indoors or outdoors. K. Signs, Builder Directional: Those temporary realty signs, which announce a new subdivision or model homes. L. Sign, Changeable: Electronically controlled intermittent light impulses or alternating panels consisting of letters, words or numerals which can either change sequentially or travel across the display area. M. Sign, community services: Any sign which solicits support for or advertises a non-profit community use, public use or social institution. Such signs may include, but shall not be limited to, seasonal holiday such as Christmas or Easter, school activities, charitable programs or religious activities. N. —Sign, Damaged: Any sign which_has-become.so_deteriorated or dilapidated as to require more than minimal reconditioning to restore it to an average, normal state of repair. O. Sign, Directory: A sign, which indicates the name and/or address of the owner or occupant, the address of the premises, and/or identification of any legal business or occupation, which may exist at the premises. P. Sign, Flag: National or state flags, political, professional, religious, educational or those of corporate organizations, providing such flags, emblems and insignia are displayed for non-commercial purposes. Q. Sign, Free -Standing: A sign, which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. R. Sign, Garage Sale: (see Code of Ordinance's Chapter 10). S. Sign, Governmental: Any sign indicating public works projects, public service or other programs or activities conducted or required by any governmental subdivision. T. Sign Height: Sign height shall be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. U. Sign, Illegal: A sign which requires a permit and which is erected without a permit, a sign which is erected without property owner permission, or a sign which is erected in a zone without meeting minimum requirements of that zone, or a sign otherwise prohibited by Section 5 of this Article. V. Sign Locations: Signs located along highways of limited access are to include those along Interstate State Highway 10. Signs along highways not of limited access would include State Farm to Market Highway 78 and State Farm to Market Highway 1103. W. Signs, Non -Conforming: Signs which do not conform to the requirements of the zoning district in which they are located or the Zoning ordinance standards, but that did meet all requirements prior to adoption or amendment of the ordinance. X. Sign, Pennant: A long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non -rigid material which may be used to announce grand openings and/or special events. Page 3 of 15 Y. Sign, Political: Any sign announcing or promoting the candidacy of one or more persons for elective public office, concerning any political issue appearing, or which is to appear, on the ballot in any public election, or otherwise relating to issues of national, state or local governmental affairs. Z. Sign, Portable or Mobile: Any sign, excluding A -frame or sandwich -type signs, designed or constructed to be easily moved from one location to another, including advertising vehicles or trailers or signs mounted upon or designed to be mounted upon a trailer, wheel carrier or other non -motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign hereunder. AA. Sign, Prohibited: Any sign not allowed for specifically within this Code. BB. Sign, Realty: Any sign used to advertise a real estate development site or to advertise that real estate is for sale or lease and which may not exceed twenty (20) square feet in area or less (See Section 6.2A of this Article). CC. Sign, Roof: Any sign supported by the roof of a Building or placed above the apparent flat roof or eaves of a building as viewed from any elevation. DD. Sign Setback: The horizontal distance between a sign and the front lot line, as measured from that part of the sign excluding its extremities and supports, nearest to any point on an imaginary vertical plane projecting from the front lot line. EE. Sign, Streamer: A long, narrow strip of cloth, paper or ribbon used separately or with banner signs or pennant signs to announce grand openings and/or special events. FF. Sign, Temporary: Any sign, the use of which is limited to a period of 60 consecutive days. Signs used longer must conform to the requirements for a permanent sign. GG. Sign, Wall: Any sign painted on, attached to or projecting from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. IX 3.2 Variance An exceptional condition which poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying his/her sign as intended by this Code. Such practical difficulty must be clearly exhibited and must be a result of an external influence and not self-imposed. Hardship: A condition that would result in the closing or eliminating of any lawful business not created by personal difficulties of the owner. IX 3.3 Visibility Triangle Triangle sight area would be from the comer of converging streets to a distance of twenty-five (25') feet along each street with the triangle completed by drawing a line through the property from both twenty-five (25') foot street rights-of-way. IX 3.4 Sign Functions A Identification Signs — signs whose purpose it is to identify: (1) Street address signs/markers - address signs are composed of numeric address and street or complex name. Street markers are official signs required by a government. u On -premise business signs - any signs the content of which relate to the premises on which they are located, referring exclusively to the name, location, products, person, accommodations, services or activities of those premises, or the sale, lease or construction of those premises. �3) Personal/professional signs/nameplates-any signs which list exclusively a name or names (includes family/farm name signs). Page 4 of 15 UBS Advertising Signs - signs whose purpose it is to attract attention to a business, product, service, activity or belief. Corporate/business logo signs - signs which display a business logo, trademark or symbol. (2) Product advertising - signs which display, mention or allude to a specific product. (C) Information Signs: Business price signs - signs which display the price of an item or service only. Business hours sign - signs which display the hours of operation only. (� Historical markers/plaques-signs which designate an official historical site or structure. (4) Announcement/directory/bulletin board signs- signs which provide public service information, any similar public interest information and/or related advertising for a general business located on the same premise. U5� Political Signs (D) Realty Signs - signs which advertise a parcel of land or a structure for rent, lease or sale. Signs identifying model homes are included if maximum area is less than thirty-two (32) square feet and there is no more than one (1) sign per street frontage. One (1) such sign per parcel or tract of land will be allowed without a permit, but any additional signs will require permits. (E) Subdivision/Neighborhood Signs -signs listing the name of the subject area. ff) Building Signs - signs listing the name or title of a specific building. UG) Farm Product Signs - signs which list those products (crops or animals) produced on site. IU) Logos on Farm Equipment/Structures words or symbols which are located on farm equipment or (DI Directional Signs UIQ Traffic signs official signs erected as required by government for public safety purposes. Drive entrancelexit signs - directional signs relating solely to internal circulation. These signs do not have to adhere to any setback as long as they are no taller than thirty (30") inches, are not located within any right-of-way. They may be used to direct traffic in or out of the site and may bear the name of the business on site, but may not otherwise advertise any products or services. (3) Restroom signs - signs identifying the location of restroom facilities. (D Official Signs — signs erected or required by a government eneity. SECTION 4 GENERAL PROVISIONS IX 4.1 Number of Signs All businesses shall be authorized to maintain two (2) on premises signs - one (1) sign on the building and one (1) free-standing sign unless otherwise specifically authorized in this Article or by waiver granted by Planning and Zoning Commission. IX 4.2 Uses of Signs All signs, except for billboards, auxiliary, governmental or community service signs, shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises. IX 4.3 Identification of Signs All signs, where applicable, shall meet the standards of the City Building Code and have the sign permit number and approved date affixed. Page 5 of 15 IX 4.4 Sign Display Normally no more than two sides of a sign structure may be used for display. See Article DC, Section 7, Para. 7.2.13 and Section 8, Para. 8.2.B. IX 4.5 Location of Business All business locations shall be identified by a street address sign which is clearly visible from the street. IX 4.6 Conflict of Definitions In the event that more than one sign -related definition applies to an existing or proposed sign, resulting in conflicting regulations thereon, the stricter definition shall apply. IX 4.7 Maintenance of Signs Every sign, including those specifically exempt from this Article, in respect to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, or otherwise maintained including all metal parts and supports thereof that are not galvanized or of rust resistant material. The Building official, or his authorized representative, shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which shall constitute a nuisance, a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation.or obsolescence. SECTION 5 PROHIBITED SIGNS IX 5.1 Signs not specifically described or allowed in this Article. IX 5.2 Signs placed on property without permission of the owner or agent of the owner of the property. IX 5.3 Signs with flashingtrotating lights, excluding emergency or school zone, or other govemmentalisigns. IX 5.4 Signs that obscure hide or block a clear view of traffic warning or control signals/signs, pedestrian crosswalks or handicapped curbside ramps. IX 5.5 Signs with obscene words, scenes or graphics. IX 5.6 Signs affixed to or located on, or projecting into public right-of-way. Signs affixed to or located on a vehicle or person are not described in this paragraph 5.6. IX 5.7 Signs attached, placed, painted or otherwise erected upon any street lamp post, telephone pole, fire hydrant, bridge, public building or any other public property other than governmental signs or signs identifying the owner of such property. IX 5.8 Circular and throwaway fliers placed on vehicles, distributed to pedestrians or mounted on any object outdoors. IX 5.9 Signs that block, either physically or visually, any governmental entity signs, fire escapes, doors or windows. DI 5.10 Unsafe and damaged signs, including signs within safety clearances of electrical and utility lines and aircraft flight zones. IX 5.11 Signs which emit excessive sound, smoke or steam. IX 5.12 Home occupation signs which advertise for a business operated in the hens Page 6 of 15 SECTION 6 ALLOWED SIGNS NOT NEEDING PERMITS IX 6.1 Official Signs A. Traffic control signs authorized by any governmental agency. B. Signs, notices, placards, certificates and official papers, authorized or required by any statute, government agency or court. C. Public utility warning and underground line identification signs. D. Signs or markers used by a public utility holding a franchise from the City of Cibolo. IX 6.2 Agricultural and Residential Signs: A. For sale, for rent, for lease signs on vehicles, boats, trailers, buildings or land: (1) In a residential district, the maximum size cannot exceed eight (8) square feet. (2) In an agricultural district, the maximum size of a sign is not to exceed thirty-two (32) square feet. B. Real estate for sale and open house signs, mail boxes and newspaper boxes that contain the logo of subscriber's newspaper, street numbering and address and family name signs. C. Farm product information signs, commercial logos of farm co-ops and other organizations painted or displayed as decals on farm equipment, buildings, silos and tanks. IX 6.3 Commercial and Industrial Signs A. Officially -permitted flag of a non-profit agency, a governmental entity or a company logo.which,does not exceed 375 square feet. B. Public service identification signs, and signs for restrooms, credit cards accepted, business hours of operation, trading stamps, trade association memberships, barber poles, gasoline and car wash, signs for pumps, oil and supplies racks, vending machines and changing of prices on pricing signs. C. Historical markers/plaques, commemorative plaques, building and company name signs, logos and cornerstones when shown and approved as part of a building with its construction permit. D. Magnetic signs or signs painted on vehicles which are in operative condition having current license tags or being used at a construction site may include the owner's name, family name, estate or farm name. IX 6.4 Temporary Signs A. Directional signs (commonly referred to as "bandit signs"). (see insert) B. Construction project and contractor's signs for non-residential or multi -family construction, not to exceed thirty-two (32) square feet in size. C. Business window signs advertising periodic sales and special events, home tours, signs for carnivals, street fairs and parades. D. Holiday season decorations, school, church and college periodic event signs. E. Officially authorized garage sale permit signs showing the address, date and times when said sale would take place. IN 6.5 Political Signs Political signs not described in Article Di;, 5.2, 5.3, 5.4, 5.6, 5.7, 5.9, 5.10, 5.11, or 5.13 shall be permitted. IX 6.6 Development Signs "Ground Signs" announcing or describing a legally approved subdivision or land development may be temporarily erected until the subdivision is seventy-five (75%) percent completed or five (5) years, whichever is sooner. Such signs shall not exceed three hundred (300) square feet in area and may be indirectly lighted. Signs having flashing lights or moving parts are not permitted. Prior approval by the Planning and Zoning Commission is required. IX 6.7 Name Plate A nameplate may be displayed on the face of the building or porch. The nameplate will contain only the name of the owner or occupant of the building. It shall be attached directly to and parallel to the face of the building or porch. It shall not exceed one (1) square foot in area, and shall not be illuminated in any way. Page 7 of 15 IX 6.8 Street Numbers A street number is required for all residences. It must be readable from the street and may be on the building or in the yard and may include the name of the occupant. SECTION 7 - OFF -PREMISE SIGNS IX 7.1 Definition: Any sign which does not relate to the premises on which it is located, referring to names, locations, products, persons, accommodations, services or activities not on the premises, or the sale, lease or construction of other premises. Off -premise signs include billboards and outdoor advertising signs and devices. IX 7.2 Prohibited Signs: Flashing signs - all,. signs or billboards which contain, include or are illuminated by any flashing strobe, moving lights, revolving beam or beacon of fight are prohibited. Multiple -sided signs - Provided that this section shall not prohibit triangular or cube -type signs or multiple - sided signs that form a total enclosure of any geometric shape, the total square footage of all sides of such signs may not exceed the total square footage allowed. rX 7.3 Changeable Copy (by electrical message band) Signs electronically controlled by intermittent light impulses or alternating panels consisting of letters, words - - or -numerals -which can.either change sequentially or.traveracross the display area. No character shall exceed forty-two (4211) inches in height and no lamp shall exceed fifty (50) watts. IX 7.4 Illuminated Signs An electrical permit must be obtained after receiving, or in conjunction with receiving, an illuminated sign permit, but prior to illumination. IX 7.5 Billboards - A. Shall be constructed to meet the construction standards established by the City. B. Maximum Height (1) Along highways of limited access - maximum height of fifty (50') feet and a minimum of forty (40') feet, mounted on a single steel pipe support. (2) Along highways of unlimited access -maximum height of thirty-five (35') feet with an open space of at least six (61) feet maintained between the bottom of the billboard and the ground. C. Maximum Surface Area (1) Signs located in a Central Business (CB) District - three hundred (300) square feet. (2) Signs located in a Manufacturing M or M2) District - seven hundred fifty (750) square feet. (3) Signs along a limited access highway - six hundred seventy-two (672) square feet. D. Location Along highways of limited and unlimited access - minimum distance between signs shall be fifteen hundred (1500') feet. W Signs located in the Central Business (GB) District shall be a minimum of three hundred (300') feet from any residential zoned property line. Q No billboards or part thereof shall be located on or above any public property or right of way. Nor shall any billboard be located on private property without the written consent of the owner of such property or the owner's lessee, agent or trustee. E. Lighting All lighting of billboards shall be so shielded as not to produce intrusion or excessive light or glare on adjacent property. F. Maintenance Required All billboards must be kept in good repair. On undeveloped parcels of land, the area between any billboards and the street or highway to which it is oriented, and the area within twenty-five (25') feet of such sign must be kept free and clear of sign materials, weeds, debris, trash and other refuse. Page 8 of 15 SECTION 8 ON -PREMISE SIGNS IX 8. 1 Definition Any sign the content of which relates to the premises on which it is located, referring to names, locations, products, services or activities on the premises, or the sale, lease or construction of the premises. D; 8.2 Prohibited Signs (A) Flashing signs - all signs or billboards which contain, include or are illuminated by any flashing strobe, moving lights, revolving beam or beacon of light are prohibited except for date, time and temperature. (B) Multiple -sided signs - Provided that this section shall not prohibit triangular or cube -type signs or multiple -sided signs that form a total enclosure of any geometric shape, the total square footage of all sides of such sign may not exceed the total square footage allowed for a two faced sign. IX 8. 3 Changeable Copy (by electrical message band) Signs electronically controlled by intermittent light impulses or alternating panels consisting of letters, words or numerals which can either change sequentially or travel across the display area. No character shall exceed forty-two (42") inches in height and no lamp shall exceed fifty (50) watts. IX 8.4 Illuminated Signs An electrical permit must be obtained after receiving, or in conjunction with receiving, an illuminated sign permit, but prior to illumination. IX 8.5 Advertising Vehicles No person shall park an advertising vehicle or trailer on a public right-of-way or on public property. When an advertising vehicle is located on private property, so as to be visible from a public right-of-way, it shall not be for a period of time longer than forty-eight (48) hours and a permit shall be required. IX 8.6 Banners, Flags, Pennants A. Banners bearing advertising matter shall be considered an adjunct to wall or free-standing signs. For the purpose of mounting, they shall meet all regulations pertaining thereto. B. Pennants and streamers are permitted for use in conjunction with banners for the announcement of a grand opening of a business and/or special event. C. Any banners, pennants or streamers found to be in need of repair will promptly be brought to the attention of the owner. The sign(s) will be removed or repaired within 10 days of the date of the written notice. D. Cloth banner signs without frame may project over and across street right-of-way provided they are of a non-commercial nature, not for private profit events. The banners shall be at least fourteen (14') feet above the street grade. Permit required. E. National and/or state flags are permitted. Flags which show an emblem or logo of a firm or corporation are permitted. No flag shall exceed thirty-two (32) square feet, and the top of the pole will not exceed twenty-five (25') feet in height from the ground. Permit required for the construction of a flagpole. IX 8.7 Community Service Sign Any community service sign shall have no size limitation if placed in or on a window. Page 9 of 15 IX 8.8 Free -Standing Signs One (1) free-standing sign for each building, not to exceed one (1) free-standing sign per development lot. A. Maximum Surface Area (1) Along highways of unlimited or limited access two hundred fifty (250) square feet. (2) Along all other City streets and thoroughfares one hundred twenty (120) square feet. B. Maximum Height (1) Along highways of unlimited access - forty (40') feet. (2) Along highways of limited access - fifty (50) feet. (3) All other City streets and thoroughfares forty (40') feet. C. Setback The base of the sign shall be set back a minimum of five (5) feet from the property line, and will meet the structural requirements set forth in the ordinances regulating the Building Code. D. Corner Lots No more than one (1) sign shall be permitted except on a lot located at the intersection of two major thoroughfares or two expressways/interstates, or a major thoroughfare and an expressway/interstate. A free-standing sign shall be permitted on each thoroughfare or expressway/interstate or one (1) sign of the same size, height and setback may be placed on the comer, provided it is not within the visibility triangle. E. Visibility Triangle No,sign shall be -placed, within the "visibility triangle" as defined in this Code unless the lowest portion of the sign is ten (10') feet above the average ground level. F. Roof Top Signs Free-standing signs may be placed on the roof of a building provided the height, setback, square footage and location requirements of this Section are met. FAA regulations shall control in the event of conflict with standards established by this Section. G. Temporary Promotional Signs Any temporary business promotional signs shall only be placed in or on windows and shall have a combined area not exceeding ten (10%) percent of the area of all windows on the same wall. H. Portable or Mobile Signs: (1) Portable or mobile signs shall not exceed thirty-two (32) square feet. The signs may be electric or non -electric, however, flashing lights will not be permitted. (2) No part of any sign may be located within ten (10) feet of any public street, road or public right- of-way. (3) No more than one (1) portable sign shall be allowed on any one (1) lot. (4) Electrical permit will be required for electric signs. (5) Request for a portable or mobile sign will be accepted from a business or activity located on the same premises as the said advertising will be displayed, and will include the name, address and telephone number of person requesting the sign, the location and purpose of the sign. I. Handicapped Signs (1) Authority Standards and specifications adopted by the State of Texas in accordance with Americans with Disabilities Act, Texas Department of Licensing and Regulations, Texas Accessibility Standards. (2) Reservation of Parking Accessible parking spaces shall be identified and reserved for the handicapped by a vertical sign incorporating the international symbol for handicapped and placed so that it will not be obscured by parked vehicles. (3) Specifications The signage shall be of such size that it is legible from a distance that would be reasonable for the conditions. Size, color and contents will be in accordance with the American National Standards Institute standards and specifications. (4) Alternative When conditions exist that preclude the use of vertical signage, suitable phrases or symbols sufficient in size, permanency, meaning and location so as to adequately serve the intent may be accepted. Page 10 of 15 IX 8.9 Shopping Center and Mall Signs A. Wall Signs (1) Number: There shall not be more than one (1) wall sign per each tenant or use contained in a shopping center or mall except where a tenant or use abuts two (2) or more streets, additional such signs, one (1) oriented to each abutting street, shall be permitted. (2) Area: The gross surface area of a wall sign shall not exceed ten (10%) percent of the tenant's or user's proportionate share of the building wall to which the sign is to be affixed or one hundred - twenty (120) square feet, whichever is less. (3) Location: A wall sign may be located on the outermost wall of any principal building, but shall not project more than twelve (12") inches from the wall to which the sign is to be affixed. The location and arrangement of all wall signs shall be subject to the review and approval of the City Building Official. (4) Height: A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or twenty (20) feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. B. Directory Sign (1) Number: There shall be no more than one (1) directory sign for each shopping center or mall. (2) Area: The gross surface area of a directory sign shall not exceed twelve (12) square feet for each exposed face for each tenant nor exceed an aggregate gross surface area of twenty-four (24) square feet. However, all tenants' signs within directory sign shall contain the same number of square feet. (3) Height: In no case shall sign height exceed fifty (50') feet. (4) Contents: Each shopping center or mall directory sign shall be limited to the name and address of the shopping center or mall (at the top) and the name of the tenants of the shopping center or mall in which the sign is to be located. C. Free -Standing Sign for Anchor Business (1) Free-standing Sign for Anchor Business: one (1) free-standing sign is authorized for an anchor business of 50,000 square feet or more in a shopping center (2) Area: The total area of a free-standing sign shall not exceed two hundred fifty (250) square feet. (3) Height: In no case shall sign height exceed fifty (50) feet.\ (4) Setback. The base of the sign shall be set back a minimum of five (5') feet from the property line, and will meet the structural requirements set forth in the City Building Code. D. Compliance Any shopping center or mall, as defined in this Code, within the City on the effective date of this Code, shall have two (2) years from the effective date of this Code to come in compliance. Shopping centers or malls annexed into the City shall have two (2) years from the effective date of such annexation to bring their signs into compliance with this ordinance. D: 8.10 Multi -Family Residential Subdivision and Manufactured Home Park Subdivision Residential developments may be identified by ground signs at each entrance/exit to the development no more than thirty (30) square feet in area and will not exceed six (6) feet in height. The signs will contain only the name of the development. The placement of the signs will not obscure, or in any manner, block the vision of any driver of a vehicle using the public street or entering any such street. Two (2) signs (one double sided or two single -sided) are authorized per entrancelexit. Signs may be indirectly illuminated. They shall have no flashing lights or moving parts. Permit required. IX 8.11 Main Street Special Sign District A. On -Premise Sign Restrictions Businesses located on Main Street between Loop 539 and Rawe Street with property line abutting the Southern Pacific Railroad property, will be permitted one (1) additional on -premise sign. B. Types of Signs The sign may be a free-standing sign designed and constructed in accordance with this Code, or a wall sign (Article 1X. 8.9 A, this Article) attached to the rear building, or a roof sign, (Article IX Sec. 8.8 Page I1 of 15 C. Other Restrictions Provisions of this Article which are not affected by this special district shall continue to apply in this designated special district. IX 8.12 Abandoned or Damaged Signs A. Time Element All abandoned signs and their supports shall be removed within thirty (30) days from the date of abandonment. On premise signs may be painted over or neutralized and not be deemed abandoned under this article. All damaged signs shall be repaired or removed within thirty (30) days from the date of damage. The Building Official shall have the authority to grant a time extension not exceeding an additional thirty (30) days. B. Failure to Comply If within 30 days of receipt of written notice, the responsible party or parties fail to correct or remove the sign that is in violation of the Section, the Building Official shall seek removal or destruction of said sign and any supports. Should the owners of the sign fail to remove the sign after due notice and fail to reimburse the City within 30 days upon receipt of an invoice for any expenses incurred in correcting the violation, the Building Official shall file a lien against the owners for the cost of such work. IX 8.13 Non -Conforming Signs A. Compliance Time Unless otherwise permitted by this Code, signs shall become non -conforming on the effective date of this Code and shall be brought into compliance or removed within six (6) months of the effective date of this Code. B. Lighted Signs Signs with flashing, blinking or traveling lights, regardless of wattage, which are located within fifty (50') feet of any street right-of-way. Signs with flashing, blinking or traveling lights, regardless of wattage, and excepting time and temperature signs which are located within one thousand (1,000) feet of any street intersection. C. Prohibited Signs Signs which -are affixed to sign supports of free-standing signs are prohibited. D. Moving signs Banners, pennants, search lights, twirling signs, sandwich or "All frame signs, sidewalk or curb signs, balloon or other gas-filled objects, except as provided in Sec. 8.6, this Article. E. Signs Similar to Warning Signs Any signs which resemble an official governmental traffic sign or signal, or which bear the word "Stop", "Go Slow", "Caution", "Danger", "Warning" or similar words. F. Similar Traffic Sign Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a governmental traffic control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide from view of any traffic or street sign or signal or device. G. Bench Signs Bench signs located in a public right-of-way or not properly maintained. FL Sound, Noise, Odor Signs Any sign which emits sound, odor or visible matter which serves as a distraction to persons within the public right-of-way. IX 8.14 Existing Signs Compliance All signs not covered by this Code shall become non -conforming six (6) months after the adoption of this Code. Page 12 of 15 IX 8.15 Permit A. Application The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his authorized agent, or a sign contractor licensed or bonded by the City. Such application shall be made in writing on forms furnished by the Building Official and shall be signed by the applicant. Each application for a sign will be assigned a number. If approved, the number and date of approval will be permanently affixed to the sign. B. Issuance of Permit The Building official shall, within five (5) working days of the date of application, either approve or deny the application or refer the application back to the applicant in instances where insufficient information has been furnished. C. Permit Application Information The application for a sign permit shall be accompanied by the following plans or other information: (1) The name, address and telephone number of the owner or persons entitled to possession of the sign or property and of the sign contractor or erector. (2) The location by street address of the proposed sign. (3) A site plan and elevation drawing of the proposed sign, caption of the proposed sign, and such other data as are pertinent to the application. (4) Plans indicating the.scope and structural detail of the work to be done, including details.of all connections, guy wires, supports and footing and material to be used.. (5) Application for, and required information for such applications, an electrical permit for all electric signs if the person building the sign is to make the electrical connections. (6) A statement of value. D. Completion of Work If the work authorized under a sign permit has not been completed within (6) months after the date of issuance, said permit shall become null and void, and there shall be no refund of any fees required. E. Certificate of occupancy Approval for each new business, facility or office desiring to continue using or create a new sign shall be contingent upon approval of a Certificate of Occupancy. F. Changing a Permit When a sign permit has been issued by the Building Official, it shall be unlawful to change, modify, alter, or otherwise depart from the terms or conditions of such permit without prior approval of the Building Inspectors. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Building Official. G. Fees The permit fee shall be based on building permit fees presently in effect. H. Inspection An inspection charge will be assessed for each inspection after the first made to determine compliance. These charges shall be determined by the Inspection Department. Portable or Mobile Signs Portable or mobile signs will be issued a temporary building permit for a total of ninety (90) days, either consecutively or for two forty-five (45) day periods non consecutively, in any twelve month time frame. Request for a portable sign or mobile sign will be accepted from a business or activity located on the same premises as the said advertising will be displayed, and will include the name, address and telephone number of person requesting the sign, the location and purpose of the sign. IX 8.16 Record Keeping The Building Official shall maintain a list of signs authorized with permits and a list of those in non- conformance. Page 13 of 15 IX 8.17 Variance It is the intent of this Article to use variances only to achieve parity among signs similarly located and classified. Specifically, variances are to be used to overcome some exceptional conditions which pose practical difficulty or a particular hardship in such a way as to prevent an owner from displaying his/her sign as intended by this Code. Such practical difficulty must be clearly exhibited and must be a result of an external influence, it may not be self-imposed. A. Petition for Variance Filing-. A variance request shall be filed in writing with the City Building Official and shall include the following information: (1) The names, addresses and telephone numbers of the petitioners, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person to be erecting or affixing the sign. (2) A description of the requested variance. (3) Justification of the requested,variance. (4) The location of the building, structure or lot on which the sign is to be erected or affixed. (5) A site plan of the property involved, showing accurate placement thereon of the proposed sign. (6) A blueprint or ink drawing of the plans and specifications of the sign to be erected or affixed and method of construction. Such plans and specifications shall include details of dimensions, materials, color and weight. (7) The written consent of the owner of the building structure or property on which the sign is to be erected or affixed. (8) Such other information as the City Building Official may require determining full compliance with this and other applicable ordinances of the City. B. Fees (See Schedule of Fees) C. Action by Planning and Zoning Commission M Timing The Planning and Zoning Commission shall act upon a variance request within thirty (30) days of its first appearance on the agenda. u Attendance The petitioner and City representatives shall attend those meetings of the Planning and Zoning Commission at which a variance is to be heard. D. Standards for Variance Planning and Zoning Commission may grant a when it has been determined from evidence that the variance will not: (1) alleviate a hardship or unusual practical difficulty created by owner, (2) be inconsistent with the intent, purpose and objectives of this Code; and, (3) adversely affect the public health, safety or welfare of the public, and will not be contrary to public interest. E. Effect of Denial No requested variance which has been denied in accordance with the provisions established herein, may be resubmitted for a period of one (1) year from the date of said denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Commission. F. Revocation of Approved Variance In any case where no work pertinent thereto has been initiated within six (6) months from the date of approval of the requested variance, then without further action, said variance shall become null and void. Page 14 of 15 G. Maintenance of Records The City Building Official shall maintain complete records of all findings of fact and recommendations of the Planning and Zoning Commission relative to a requested variance. All such records shall be open to the public for inspection. PASSED AND APPROVED, THIS (�34 DAY OF OCTOBER, 2001. &01�ffr — MAYOR, CITY OF CIBOLO, TEXAS ATTEST Cc Y SECRETARY Page 15 of 15