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ORD 1474 11/12/2024PVX0 "Clcyd Choice ORDINANCE NO: 1474 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING CHAPTER 58 OF THE CITY OF CIBOLO CODE OF ORDINANCES; PROVIDING RULES AND REGULATIONS FOR SIGNAGE; PROVIDING FOR SAVINGS, REPEAL, SEVERABILITY, PUBLICATION, CODIFICATION; DETERNHNING TEXAS OPEN MEETINGS ACT COMPLIANCE WITH; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule municipality with the authority to enact laws to protect the public, health, and safety of residents and visitors to the City; and WHEREAS, the City Council finds that the Texas Local Government Code Chapter 216 authorizes the City to regulate signs; and WHEREAS, the City Council finds that Chapter 58 of the City of Cibolo Code of Ordinances ("Chapter 58") regulates the installation and maintenance of signs within the city and its extraterritorial jurisdiction; and WHEREAS, the City Council finds that amending Chapter 58 will encourage economic development; protect residential areas, and enhance the fairness and efficiency of the city's sign ordinance; and WHEREAS, having duly considered this matter, the City Council desires to adopt rules and regulations for signage. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby incorporated as part of this Ordinance. SECTION 2. Amendments. The Code of Ordinances of the City of Cibolo, Texas is amended to delete Chapter 58 in its entirety, and substituting therefor, with a new Chapter 58 as shown in Exhibit A. SECTION 3. Savings. All rights and remedies of the City are expressly saved as to any and Page 1 of 3 all violations of the provisions of any ordinances which have accrued at the time of the effective date of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. Repeal. All resolutions, ordinances, or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and provisions of this Ordinance shall govern. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or illegal by final judgment of a court . of competent authority, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and ordained all the remaining portions of this Ordinance without the inclusion of such portion or portions found to be unconstitutional or invalid. SECTION 6. Publication and Codification. The City shall publish this Ordinance in the newspaper designated as the official newspaper of the City twice as required by Section 3.13(3) of the City Charter. This Ordinance will be codified in the Cibolo Code in the next appropriate update. SECTION 7. Open Meeting Compliance. The City Council finds that the meeting at which this Ordinance passed was conducted in compliance with the Texas Open Meetings Act. SECTION 8. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense. SECTION 9. Effective Date. This Ordinance will become effective within the corporate city limits of the City of Cibolo upon the required newspaper publication. Page 2 of 3 ORDERED on this 42 day of Ak ve 2024. Mark Allen, Mayor ATTEST: Peggy Cimics, TRMC City Secretary APPROVED AS TO FORM: Hyde Ke ey LLP City Attorney Page 3 of 3 EXHIBIT A CIBOLO CODE OF ORDINANCES CHAPTER 58 SIGNS Sec. 58-1: Relation to other ordinances. This chapter shall not be construed to require or allow any act which is prohibited by any other chapter. This chapter is specifically subordinate to any ordinance or regulation of the City of Cibolo pertaining to building and construction safety or to pedestrian and traffic safety. Sec. 58-2. - Purpose. The purpose of this chapter is to provide uniform sign standards and regulations to ensure public safety, efficient communication and promote a positive City image reflecting order, harmony, and pride, thereby strengthening the economic stability of the City of Cibolo's business, cultural, historical, and residential areas as follows: (a) Public safety. To promote the safety of persons and property by ensuring that signs do not: 1. Create a hazard due to collapse, fire, decay, or.abandonment; 2. Obstruct firefighting or police surveillance; 3. Create traffic hazards by confusing, distracting, or obstructing the view of pedestrians or vehicles; or a. Become obstacles that hinder free passage to pedestrians, bicyclists, or motorists. (b) Efficient communications. To promote the efficient transfer of information in sign messages by ensuring: 1. Those signs which provide public safety messages and information are given priority; 2. Businesses and services may identify themselves; 3. Customers and other persons may locate businesses or services; a. No person or group is arbitrarily denied the use of sight, lines from public rights-of- way for communication purposes; s. Persons exposed to signs are not overwhelmed by the number of messages presented and are able to exercise freedom of choice to observe. or ignore such messages, according to the observer's purpose; and 5. These regulations are implemented and enforced in a content neutral manner. (c) Landscape quality and preservation. To protect the public welfare and enhance the appearance and economic value of the landscape by ensuring that signs: 1. Do not interfere with scenic views; 2. Do not create a nuisance to persons using public rights-of-way; 3. Do not.create a nuisance to occupants of adjacent and contiguous property by their brightness, size, height, or movement; 4. Are not detrimental to land or property values; s. Do not contribute to visual blight or clutter; and s. Are architecturally compatible and harmonious with the structure to which they pertain and to neighboring structures. Sec. 58-3. - Compliance Required. (a) Prohibition. No person may construct, reconstruct, place, install, relocate, alter, or use a sign after the effective date of this ordinance unless such installation, construction, reconstruction, placement, relocation, alteration, or use meets all the provisions of this and all other applicable ordinances adopted by the City council of the City of Cibolo. (b) Responsible Parties. Property owners, tenants, and other primary beneficiaries of a sign installed, moved, structurally altered, structurally repaired, maintained, or used in violation of this Code is presumed to have authorized the installation, movement, structural alteration, structural repair, maintenance, or use of the sign in violation of this Code. See. 58-4. - Jurisdiction. The provisions of this chapter shall apply within the City limits and Extraterritorial Jurisdiction of the City of Cibolo, as defined by state law. Sec. 58-5. - Definitions. Words and phrases used in this chapter shall have the meanings set forth in this section. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only and shall not be used in the interpretation of this chapter. In the event of conflicting regulations or definitions thereupon, the stricter definition or regulation shall apply. Administratively complete. A term that describes an approved sign permit application submittal to the City of Cibolo. A sign permit application will be deemed administratively complete, upon the submittal of the following: A truthful and fully complete application; the required fees, the site plan, elevation drawings and structural detail of work. The application must be signed by a party authorized to make such an application and the applicant's signature must be notarized. Advertising. Any purpose to attract attention to a business, product, service, or activity. Board of Adjustments or Board. The Cibolo Board of Adjustments as provided in the Cibolo Unified Development Code. Building. Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property of any kind, including, but not limited to, tents, awnings or vehicles situated on private property and used for purposes of a building. Business. An entity, organization, or individual engaged in commercial, industrial, or service activities conducted with the purposes of generating a profit in a for-profit or not-for-profit setting. The term business excludes occasional sales of personal items such as garage or yard sales that are not considered a primary source of income. Chief Building Official or Building Official. The person(s) employed by the City as the Chief Building Official or their designee. City of Cibolo, Cibolo, or City. The City of Cibolo, Guadalupe and Bexar Counties, Texas, an incorporated municipality and its associated ETJ. Commercial. Related to the operation of a Business. Comprehensive sign program. A development process designed for integrated commercial, institutional and industrial developments that generally have multiple uses, multiple shared points of access, or that may be a part of large-scale development. Director of Planning. The Director of Planning for the City of Cibolo or their designee. Excessively Illuminated signs. Signs that are illuminated in such a manner, to such intensity, or without shielding, to: 1. constitute a hazard to the operation of motor vehicles upon any public street or road, 2. substantially interfere with the reasonable enjoyment of residential property, or 3. interfere with the effectiveness of traffic control. 4. Illuminate in excessive of the parameters of this Chapter which is per se excessively illuminated. Extraterritorial jurisdiction (ETI). As defined by Tex. Local'Government Code § 42.021, land that is not within the corporate limits of the City of Cibolo, Texas, but land over which the City has jurisdiction by virtue of the Tex. Local Government Code. Flag. A fabric sheet attached at one end to a pole, cable, or rope. Fagade, The exterior face of a building. The side of a canopy attached to a building is not counted as the same fagade as the side of a similarly facing side of a building. Hardship. A condition that would result in the closing or elimination of any lawful business not created by personal difficulties of the owner. Moving elements. Balloons, streamers, banners, mechanical arms, or the like. Multi -Unit Commercial Building. Any property such as a shopping center, office park, or industrial park, which consists of two or more businesses or entities in a single building. Notice. Actual notice by personal delivery or written notice sent by registered or certified mail. Premises. A lot or tract within Cibolo or its ETJ, and contiguous tracts in the same ownership, which are not divided by any public highway, street, alley, or right-of-way. Residential area. Any property within the City limits which is zoned residential. Setback The horizontal distance between a sign and the property line, as measured from the property line(s) to the closest edge(s) of the sign. Sign (in general). A name, identification, description, display or illustration that is affixed to or represented directly or indirectly upon a building, structure or piece of land that directs attention to an object, person, product, place, activity, institution or business. Single Unit Commercial building. A structure containing a single stationary, commercial establishment, office, business, school, church, non-profit organization, charity, or government agency. Surface Area. The entire sign surface within a single contiguous perimeter, excluding support structures. Variance. Written approval to depart from the strict application of the provisions of this chapter. Visibility triangle. Triangle sight area would be from the comer of converging streets or roads to a distance along each street, curb, or road edge which ever extends farther from the centerline, with the triangle completed by drawing a line through the property from both ends of the street rights-of-way. For further information, see section 58-13. Sec. 58-6. - Sign Types Abandoned/obsolete. A sign that advertises a product, service, or business no longer available or in operation or not being maintained at a location for a period of one year after the cessation of a product, service, or business at said location (or in the case of leased premises, two years after the most recent tenant ceases to operate on the premises) shall be presumed abandoned. Related off -premises signs pertaining to same shall also be presumed abandoned. A -frame (sandwich). An A -framed style sign, which is typically, but not necessarily, foldable or collapsible and meant to be easily moved. Banner. A rectangular sign made of a flexible material. Billboard. All off-premises signs containing at least 200 square feet surface area. Changeable electronic variable message (CEVMS). A sign which permits light to be turned on or off intermittently ;> t or which is operated in a way whereby light is turned on or i. off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in CI Y OF intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator. Changeable Copy. A non-electric sign, or part of a sign, on which content can be changed or rearranged without altering the face or surface of the sign, including, but not limited to, a theater marquee or a gasoline price sign. Electronic. A sign, display or device that exhibits its message, words, letters, numbers, images, symbols, or copy by programmable, mechanical, or electronic process including, but not limited to, LED electronic signs, CEVMNS signs, and static electronic displays. Event. Commercial signs advertising a specific event. Exposed outdoor string lights. Exposed visible light bulbs on an electrical cord for non- residential properties, typically hung on a patio area or across a right-of-way for decorative purposes, festivals or holidays. Feathered Flag. A type of portable advertising banner that consists of a narrow piece of printed fabric mounted on a lightweight frame Flag. A piece of cloth or similar material that is rectangular in shape and attached on one side to a pole. Flashing. Message boards that are electronically controlled by intermittent light impulses or alternating panels consisting of letters, words, or numerals that can either change sequentially or travel across the surface area. Excluding time and temperature signs, emergency signs, school zone signs, or other governmental signs. Functional Vehicular. Vehicular signs whose purpose is the identification of a business or its products or services on a vehicle operated and parked in a manner appropriate to the normal course of business for purposes beyond advertising. Historic. A sign that is an integral part of the historical character of a landmark building or historic district. Home. A sign placed on a residence for non-commercial purposes. Illuminated. Any sign illuminated in any manner by an artificial light source of any kind, either detached from the sign or a part thereof. Signs that are only incidentally and indirectly illuminated as a result of a lighting plan primarily designed as security lighting or landscape lighting are not illuminated signs. Illegal. A sign that requires a permit and that is erected without a permit. A sign that is erected without the property owner's permission. A sign that is erected in a zone without meeting minimum requirements of that zone, or a sign otherwise prohibited by this chapter. Inflatable. A commercial decoration manufactured of plastic, cloth, canvas, or other light weight material that is inflated with air, secured to the ground and does not float used in relation to a business regardless of the nature of the sign. LED. A sign that displays its message using a light -emitting diode (LED). � 111 Medium Yard. A sign made of a lightweight material, with a printed or handwritten message, mounted on a frame or stakes which are inserted into the ground for support. Menu board: A sign oriented to the drive-through a �w lane for a restaurant. —^ ^ Monument. A sign which is mounted on a base at least as wide as the sign with an opening between the'>. base and the sign of no more than 2 inches. _i t Moving. Any sign or part of a sign which is animated or moves, including moving elements of a sign. Nonconforming. A nonconforming sign is a sign that is not allowed under this chapter, but which, when first constructed was allowed and continued in its legal status until the adoption of this chapter. Noncommercial. A sign that is not associated with the operation of a business. Off -premises. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. On premises. Any sign the content of which relates to the premises on which it is located, referring to names, locations, products, persons, accommodations, services or activities on the premises, or the sale, lease or construction of premises on which it is located. Pole/pylon. A self-supporting freestanding sign that must adhere to the requirements of construction using durable building materials including, but not limited to masonry, T r ON UN ALYS, CIA stucco, painted pipe, aluminum clad piping, or other Nar Nrx NG complimentary materials. Pennant. A long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non -rigid material. Prohibited. Any sign not allowed for specifically within this chapter. Roof. A sign that is mounted on, and is wholly supported by, the roof of a building and does not extend beyond the wall line. ,Bent Subdivision. Any permanent sign used to Ranc advertise a specific subdivision. Streamer. A long, narrow strip of cloth, paper or ribbon used separately or with banner signs or pennant signs. Temporary. A sign meant to be exhibited on a limited basis as outlined in the ordinance. Temporary Placeholder Signs: Signs that are used while fully permitted permanent signage is being created or repaired. Traffic control. A sign identifying parking areas or directing the flow of traffic. Vehicular. A permanent or temporary commercial sign affixed to a vehicle or trailer. Vintage. That is used for decorative purposes only and is 20 years old or more. Wall. Any sign painted on, attached to or projectingI W the wall surface of a building (whether permanent or port including signs on awnings and/or marquees. A wall sign tpainted directly only the wall may also be referred to as a -' painted" sign. Murals are not wall signs., , Wall painted. A wall sign painted directly on the exterior wall of a building. Small Yard Sign. A small sign made of a lightweight material, with a printed or handwritten message, mounted on a frame or stakes which are inserted into the ground for support. Sec. 58-7. - General regulations. (a) This section shall apply to all signs located within the City limits of the City of Cibolo or its ETJ regardless of whether the sign requires or receives a permit. No sign or part of a sign shall: 1. Be attached, placed, painted, or otherwise erected upon any street lamppost, telephone pole, utility pole or pedestal, fire hydrant, bridge, public building, or any other public property except by the governmental entity owning the public property; z. Be located within ten feet of an easement with underground utilities; 3. Be located within a ten -foot radius of any power line, pole, or crossbar or creating a hazard to vehicular or pedestrian safety; a. Be placed upon real property without the written consent of the owner or agent of the property; 5. Be painted on a roof; 5. Be installed so that it faces contiguous residential property; 7. Be located in, on, or over any right-of-way, or otherwise within ten feet of the edge of a road except for directional or informational signs erected by government agencies or permitted monument signs within the center of a divided roadway; 8. Be located so that it blocks vehicle or pedestrian views and/or safe sight distances at any intersection, curve, or comer (see section 58-13, site visibility triangle) including, but not limited to, signs located on private property; 9. Imitate or resemble an official traffic -control device or railroad sign or signal, attempt to direct the movement of traffic, or hide from view or hinder the effectiveness of an official traffic -control device or railroad sign or signal; 1o. Be located so that it is on, or in any way obstructs, any sidewalk, walkway, or pathway used by the public for normal pedestrian access; 11. Physically or visually block governmental entity signs, fire escapes, doors, or windows (except as otherwise provided herein); 12. At the time of installation, be installed in violation of any other applicable law; 13. Be hung with less thaneight feet of vertical clearance above the sidewalk or less than 18 feet of vertical clearance above the street, drive, or parking area. This applies to any part of a sign, including mounting fixtures and supporting structures, which is mounted above or projects over any sidewalk, street, drive, or parking area, whether on public or private land. (b) All signs or part of a signs shall: t. Be kept in good repair, free of breaks, tears, excessive fading, or other defects, except as provided otherwise herein; 2. Be maintained in a level position unless designed to not be level; a. Be removed within 2 days of an event, if related to a specific date or event; and 4. Be illuminated only in compliance with the following conditions: i. Signs shall be internally illuminated, or if external illumination is used, the source of the illumination shall be shielded. ii. Signs associated with a business shall be turned off during times a business is not open to customers. iii. Signs shall not exceed the following illumination standards: . Type of Distance from Residential Area m' which sign is Not visible Illumination , visible from a Residential Less than 200 20.1 ft. to 500 More than 500ft. Area Direct, Internal No 150 foot- 250 foot- 250 foot - or Backlit Illumination lamberts lamberts lamberts Facing Residential Indirect or No 25 foot-candles 50 foot-candles 50 foot-candles Reflected Illumination Facing Residential Sec. 58- 8. Clearance, Height, Surface Area Calculations. (a) Sign clearance is calculated by measuring the smallest vertical distance between the grade of the adjacent street pavement or curb and the lowest point of the sign. Sign framework and embellishment are included in the measurement, and sign supports are excluded. (b) Sign height is calculated by measuring the vertical distance above grade, street pavement, or building facade to the highest point of the sign. Calculating Glearauce and Heighi STREET CENTERLINE SIGN HEIGHT 1� h_ «"•.fid' I \ \NN `Tu"i'I, ` SIGN .��"_ CLEARANCE (c) For a wall sign, the sign area is the lesser of - 1. £ 1. the area of the smallest rectangle within which the face of the sign can be enclosed; or 2. the smallest area of not more than three contiguous rectangles enclosing different sections of the sign. (d) For a single sign having two faces with only one face visible from any point, the sign area is measured using only one face. (f) Sign area is calculated by drawing a perimeter around the face of a sign using no more than eight straight sides. The face of a sign includes any text, graphics, frame, material, or color that differentiates the sign from the structure on which it is mounted. The area of a sign excludes the structure upon which the sign is placed except the portions of the structure that appear between separated sign graphics, as shown in the illustration below. (g) For a sign on a comer site whose allowable sign area is based on linear feet of street frontage, the maximum sign area is calculated using only the single largest street frontage. Calculating sign area using the eight straight sides that encloses the text and graphics. I EASURING SIGN ARES SPACE BETWEEN SEPARATE SIGN IS COUNTED Sec. 58-9. - Prohibited Sign Types. GRAPHICS IN SIcNAREA The following signs are prohibited from installation, construction, repair, alteration, location or relocation within the City, except as otherwise specifically permitted in this chapter or by agreement approved by the City council as part of a comprehensive sign program: (a) Abandoned/obsolete signs, unless the sign qualifies as a Vintage Sign. If a sign is determined to be abandoned and/or obsolete under this ordinance by the code enforcement officer, said sign shall be removed by the owner/lessee of the property. (b) Beacons, searchlights or skylights. (c) Billboards. (d) Flashing signs. (e) Inflatable signs. (f) Excessively Illuminated signs. Signs in compliance with the other illumination provisions. of this Chapter may still be excessively illuminated if their placement, structure, or some other aspect of their design causes them to meet the definition of an Excessively Illuminated sign. (g) Moving signs. Except as otherwise permitted herein, there shall be no movement of the sign body or any segment thereof such as rotating, scrolling, moving up and down or any other type of action involving a change in position of the sign body or segment thereof, whether caused by mechanical or any other means. No flashing, blinking or rotating lights shall be permitted, nor shall the sign contain audible sound or odor. 1. Exception: For LED signs or other signs where the message on the sign is adjustable, each new message shown on the sign must be static, with no movement, for at least six seconds before a new message is displayed on the sign face. (h) Off -premises signs, except as otherwise authorized herein. (i) Pennant signs. 0) Vehicular signs, except Functional Vehicular signs. (k) Wall painted signs, except as otherwise authorized herein. Sec. 58-10. - Sign permits. (a) Permit and fee required. Except for those signs described in section 59-11, no person may construct, place, install, or relocate any sign without first obtaining a sign permit from the City of Cibolo. Each application for a sign permit must be accompanied by the appropriate fee as listed in the City of Cibolo Fee Schedule. 1. Construction, reconstruction, placement, installation, or relocation of any sign shall require apermit and remittance of the appropriate fee which shall notbe refundable. z. A permit is required to replace a previously permitted sign with another sign that is of like content, size, location, and that is otherwise compliant with this chapter, except that billboards may not be replaced. 3. A nonconforming billboard shall renew the previously approved billboard permit annually. The annual fee is due by January 1 of each calendar year. No fee will be assessed for routine changes of the sign face. Billboards that have not previously been permitted will not be approved for a permit. n. No permit will be issued for a proposed sign that will cause the aggregate of all signs on the property to exceed the square footage provided for in this chapter. s. No sign permit is required for a change of copy on any sign, or for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified. (b) Expiration ofpermits. Per International Building Code Section 105.5 (as amended), every permit issued shall become invalid unless the work on the site is authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and express the justifiable cause for the requested extension. (c) Application for sign permit. A person proposing to erect or display a sign shall file an application for permit with the Chief Building Official. The Chief Building Official is authorized to establish rules, process, calendars, and content for the submittal of sign permit applications with approval by the City Manager not in conflict with this Chapter. The application must be provided on the form, pursuant to the calendar and rules, and containing the information required by the Chief Building Official. (d) Approval and denial of permit. The Chief Building Official shall review an administratively complete application within 30 days of receipt from the applicant. The Chief Building Official shall grant or deny an administratively complete permit application within 45 days after the date such application was received. The Chief Building Official shall examine the application, plans, and specifications and may inspect the premises upon which the proposed sign shall be erected, as needed. The Chief Building Official shall issue a permit if the proposed sign complies with the requirements of this chapter and all other regulations of the City of Cibolo, such as building, electrical, and other technical codes adopted by the City. If the Chief Building Official denies a permit, the official shall state the reasons for the denial in writing and shall either mail the denial certified returned receipt request, or hand deliver the denial to the applicant. (e) Appeals. City council hereby designates the Board of Adjustments to hear appeals under this chapter. The Board shall meet only when needed to consider an appeal of this chapter and may conduct such appeals concurrently with other regular or specially called meetings. Any applicant whose permit application is denied by the Building Official may appeal the denial to the Board. Such an appeal must be filed, in writing, with the Building Official within ten days after receipt of the denial and must state what error in law or fact was made by the Building Official. The appeal shall be limited to the information the appellant provided to the Building Official in the permit application. Variances or other exceptions from the law will not be granted during an appeal. If an appeal is filed with a request for a variance or other exception of law, the appeal may be considered by City Council along with the application for variance or other legal exception. (f) Modifications. After a sign permit has been issued by the Building Official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of the permit without prior written approval by the Building Official. Sec. 58-11. - Signs allowed without a permit. The following general-purpose signs are exempt from the requirement to obtain a permit, provided that they comply with all other provisions of this Chapter and other, ordinances of the City of Cibolo. Signs shall be allowed without a permit as follows: Table 1: Exempt Signs Type of Sign Ground Maximum Number of Additional Regulations or Square Signs:(per Attached Footage property) A. A -frame Signs Ground 8 1 - Must be returned indoors when business is closed. - Must be on -premises. - For a multi -unit commercial building 1 sign per each independently leased or owned space with its own external entrance B. Changeable Ground or Dependent Dependent - Sign may be backlit or Copy Signs attached illuminated. - All other regulations are determined by the style of sign as provided in this Chapter. C. Functional Attached N/A N/A - No vehicle sign shall extend Vehicular Signs beyond the frame or body of vehicle more than 12 inches. D. Home Attached 9 4 N/A Signs R LED Signs Attached 3 1 per street Shall not blink, flash, oscillate front or intermittently tum on or off F. Variable 8 2 Shall not be illuminated or Noncommercial have any moving elements. Signs Shall not be more than 8 feet high G. On -premises Ground 8 2 May not be in City right -of - Commercial Yard way, interfere with pedestrian Signs or vehicular traffic, or otherwise cause a nuisance as defined herein. Must be removed at nightfall or close of business, whichever is later. H. Window Signs Attached Variable Variable - Aggregate square footage must be less than 30% of total window area. I. Traffic Control Signs Ground 10 N/A - Must be removed when no longer necessary I Functional Attached N/A N/A N/A Vehicular Signs Attached Footage Signs (per K. Vintage Signs Variable Variable N/A - Shall be for decoration only, be A. Commercial Yard Variable 10 1 maintained in an attractive Signs condition, enhance the visual character of the building, and must be off -premises. Sec. 58-12. - Off -premises signs. Off -premises signs must be in comply with the provisions of this section. Table 2: Off -Premises Sign Standards Type of Sign Ground Maximum Number Additional Regulations or Square of Attached Footage Signs (per property) A. Commercial Yard Variable 10 1 - Event signs may be posted Signs only from 7 days prior to 2 days after the event. - Weekly events must be posted no earlier than one day prior. - Maximum of two signs total. Sec. 58-13. - On -premises signs. On -premises signs must comply with the provisions of this section. Table 3: Wall Signs Sign Facing Number of Signs Maximum Sign Face Area . , Street Typology, Minitirum )t"equired Per Fagade (square feet) Single Commercial Building , Freeway One per fagade 120 Major arterial One per fagade 100 Minor arterial One per fagade 80 All other streets One per fagade 60 All Wall Signs May include additional square footage to signage of .005 times 1st floor square footage (excluding stairwells, bathrooms and food preparation areas). Signs may not exceed the lesser of Twenty-five percent (25%) of the fagade square footage or any maximum listed in this chart. Canopies are not considered part of the fagade they are mounted on for the purpose of calculating number of signs or fagade square footage. Maximum 10 signs per fagade. Multi -Unit Commercial Building Freeway One per fagade . 100 Major arterial One per fagade 80 Minor arterial One per fagade 70 All other streets One per fagade 50 All Wall Signs May include additional square footage to signage of .005 times 1st floor square footage (excluding stairwells, bathrooms and food prep areas). Signs may not exceed the lesser of Twenty-five percent (25%) of the fagade square footage or any maximum listed in this chart-: Canopies are not considered part of the fagade they are mounted on for the purpose of calculating number of signs or fagade square footage. Maximum 10 signs per fagade. Table 4: Pole/Pylon Sign Street Number of Maximum Maximum' Minitirum )t"equired Typology Signs. Total Height Surface Area (sq. `, Setbacks from Property (feet), ft. ) Line Single Unit'CommercialBmlding ' Freeway 1 35 140 12 feet Major 1 20 140 12 feet arterial Height (sq. ft.) Setbacks From _Property Minor 1 10 140 12 feet arterial One per every 12 160 total and 80 15 feet All other 1 8 140 12 feet streets highway frontage, per sign face Multi -Unit CommercialBuilding Freeway 1 per 40 200 12 [feet] of 2 complex Major Major 1 per 25 140 12 [feet] arterial complex sq.. ft. Minor 1 per 15 140 12 feet arterial complex All other 1 per 10 140 12 [feet] streets complex 120 total and 60 10 feet arterial Table 5: Monument and Freestanding Street 'Number of Signs Maximum Maximum - Maximum Typology Total Surface Area Required Height (sq. ft.) Setbacks From _Property (feet) Line Single Unit Commercial Building Freeway One per every 12 160 total and 80 15 feet 500 feet of sq. ft. highway frontage, per sign face with a maximum of 2 Major One per every 8 140 total and 70 10 feet arterial 500 feet of major sq.. ft. arterial frontage, per sign face with a maximum of 2 Minor One per every 7 120 total and 60 10 feet arterial 500 feet of minor sq. ft. arterial frontage, per sign face with a maximum of 2 All other One per street 6 100 total and 50 10 feet streets frontage, with a sq. ft. maximum of 2 per sign face (separated by a minimum of 500 feet) Multi -Unit Commercial Building Freeway One per every 13 180 total 12 feet 500 feet of highway frontage, with a maximum of 2 Major One per every 9 140 total 10 feet arterial 500 feet of major arterial frontage, with a maximum of 2 Minor One per every 8 120 total 10 feet arterial 500 feet of major arterial frontage, with a maximum of 2 All other One per street 7 100 total 10 feet streets frontage, with a maximum of 2 (separated by a minimum of 500 feet) Old Town/Town Center Mixed Use Overlay Districts All streets One per street As indicated 30 total As indicated by type, frontage, with a by type, above for "All other maximum of 2 above for streets" (separated by a "All other minimum streets" of 500 feet Table 6. Other Temporary Signs Sign Type Number Times 'Maximum `Number Additional Regulations Surface Area of Signs ':per _ Sign Face of.Days , A. Flag 3 ,Year Area three flown on any one flagpole to include (sq. ft.-) flagpoles equipped with a yardarm. A. Banners 1 4 24 14 - Banner must be removed two flagpole using specifications listed. days after event. B. Feathered 2 NA 16 1 - Must be removed at nightfall or Flags close of business, whichever is later. C. Flags 3 NA See Flag NA See permanent flags in Table 7 Size Parameters D. Medium N/A NIA 16 5 days Yard Signs E. 1 NA Per 180 - Shall meet location criteria of Temporary approved permanent sign Placeholder permanent - Shall not exceed size criteria of a Signs sign permanent sign. - May be placed for three 180 -day terms with inspections between terms Table 7. Other Permanent Signs Sign Type Number Maximum Additional Standards of Signs Surface Area (sq. ft.) A. Flag 3 See Table 8 - Must be mounted on flagpoles with no more than three flown on any one flagpole to include flagpoles equipped with a yardarm. - Shall not exceed the recommended size for the flagpole using specifications listed. - The flagpole height, not counting the finial, shall not exceed 25 feet in height from the ground, and in commercial areas (to include government agencies, police departments, fire stations, schools, United States Post Offices, cemeteries, and places of religious worship) shall not exceed 45 feet in height from the ground. - No more than three flagpoles shall be permitted per property. The second and/or third flagpole shall not be higher than the primary flagpole. - A Permit is required for the construction of a flagpole. B. LED 1 24 - Shall not contain animation, motion or action. C. Menu Number Free standing: - Menu boards that are not freestanding, such as A- Boards of drive- 36 square feet; frame or sandwich boards, may not exceed 6 feet, through non- may be double sides, and may not exceed one per lanes plus freestanding: 6 street frontage. 1 square feet. D. 1 double 32 - Each entrance marked with a sign must be 1,000 Subdivision or 2 single feet apart or more. signs sided per - One subdivision sign may be located between the entrance. entrances, or one subdivision sign may be located on each side of the entrance, or one subdivision sign located in an island (if an island at the entrance was part of the original platted subdivision). - Shall not exceed seven feet in height. - Maybe indirectly illuminated. - Architectural features such as columns, towers, or other obvious entry or gateway feature shall be limited to the maximum allowable building height of the zoning district. Table 8: Flag size parameters Exposed Height (in feet) Recommended Flag Size (in feet) Recommended Size for Two Flags (in feet) The signage area shall be the cumulative surface Primary _ Secondary Primary area of the sign itself and not the surface upon Third 10-19 3X5 which the signage is applied. such as a wall, 2X3 3X5 2X3 column, or other architectural feature. Table 8: Flag size parameters Exposed Height (in feet) Recommended Flag Size (in feet) Recommended Size for Two Flags (in feet) Recommended Size for Three Flags . (in feet) Primary _ Secondary Primary Second Third 10-19 3X5 3X5 2X3 3X5 2X3 2X3 20-29 5X8 5X8 4X6 4X6 3X5 3X5 30-39 6X10 6X10 5X8 5X8 4X6 4X6 40-49 8X12 8X12 6X10 6X10 5X8 5X8 50-59 10X15 10X15 8X12 8X12 6X10 6X10 60-69 12X18 12X18 10X15 10X15 8X12 8X12 70-79 15X25 15X25 12X18 12X18 10X15 10X15 80 20X30 20X30 15X25 15X25 12X18 12X18 Sec. 58-14. - VisibilityTriangle Regulations The location and installation of all above monument, temporary and pole/pylon signs shall be in compliance with the regulations of the UDC regarding the site triangle (line of site) shown in Figures 1-3 below: Figure #1: Site Visibility Triangle Rendition (Curbed Road Edge) Cm ff=orRuxdmey + — - — - — - — - — Rodway (a) Point of measurement farthest from the centerline. (b) Sight line establishing the visibility triangle. (c) Measured distance along street or road edge: a measurement of 50 feet on all major and minor arterials and 25 feet on all other roadways. Figure #2: Site Visibility Triangle Rendition (Uncurbed Road Edge) C..r..r a aNW&V } — — — — — — — — — Roadway I C 'Rod Fige I � A H�i Vmehdmddp (a) Point of measurement farthest from the centerline. (b) Sight line establishing the visibility triangle. (c) Measured distance along street or road edge: a measurement of 50 feet on all major and minor arterials and 25 feet on all other roadways. Figure #3: Site Visibility Triangle Rendition (Curved Road Edge) Ce erlu of Roadway + — - — - — - — - — - — Roadway Ch_rzad fa<efmcdan mad edge (a) Point of measurement farthest from the centerline. (b) Sight line establishing the visibility triangle. (c) Measured distance along street or road edge: a measurement of 50 feet on all major and minor arterials and 25 feet on all other roadways. Sec. 58-15. -Historic sign District All businesses and residents located within the Old Town Mixed Use Overlay District as defined in the Cibolo Unified Development Code shall be considered in the Historic Sign District. All signs under this section shall comply with all guidelines and regulations that pertain to such signs established under other sections of this chapter, unless provided for below: (a) Businesses located in the Historic Sign District are encouraged to design their signs to match the period of the structure or to be similar to the surrounding signage character. (b) Wall painted signs may be permitted, provided they are consistent with the documented historical context of the building on which it is painted and receive prior approval from the Cibolo Historical Committee. Decisions by the Historical Committee may be appealed to City Council. (c) An applicant seeking to appeal a decision by the Historical Committee must file an appeal with the City Manager within 10 days of the Committee decision. City Council shall consider the appeal within 45 days of receipt of the request. (d) Exposed outdoor string lights shall meet the following criteria: i must be non -flashing; ii attached to an overhead or other structure as deemed safe by the Building Official and or code enforcement officer; iii have a height of at least eight feet above pedestrian walkways and 18 feet above street grade; iv have lights specifically designed for outdoor wet use that do not exceed 120 volts (3.5 watts); and v be of a warm white or similar type/seasonal color(s) as approved by the Chief Building Official. (e) Electrical plans must be submitted and approved by Chief Building Official. (f) Other restrictions and provisions of this chapter that are not affected by this Historic Sign District shall continue to apply in this designated special district. Sec. 58-16. - Comprehensive sign program regulations. (a) Purpose. A Comprehensive Sign Program is an optional means for a property including, or intended to include multiple businesses to create a uniform set of rules that will apply to all businesses or entities within that property. A Comprehensive Sign Program is intended to create visual harmony among the signs on the property and create a unique character for a commercial complex. Comprehensive Sign Programs apply to the overall property, not just a single business. All businesses or entities seeking to enter a property or development subject to a Comprehensive Sign Program must comply with the terms of the program. (b) Limitation. A Comprehensive Sign Program is a conditional variance from the requirements of Chapter 58. Applications must follow processes identified herein and may be denied without specific reason. Approvals may be conditional. (c) Application. 1. The application shall be filed with the Building Official, accompanied by a nonrefundable fee as listed in the City of Cibolo Fee Ordinance (as amended). 2. Properties that currently, or are platted to, contain three or more commercial businesses may apply for a, Comprehensive Sign Program. 3. The Building Official is authorized to establish the requirements for applications for Comprehensive Sign Plans, with approval by the City Manager. (d) Criteria: Compatibility required. The Comprehensive Sign Program shall promote compatibility for all signs within the specific development. Architectural theme, materials, and color should be consistent with or complement the overall character of the development in which the signs are proposed to be located and the area surrounding the development in which the signs would be located. The Comprehensive Sign Program shall include specifications for all signs on the property, including but not limited to the following: sign type, lettering or graphic style, size, shape, scale, colors, lighting, materials, installation, and position on site plan. 1. 2. Size and height. Signs proposed under the comprehensive sign program shall not have a deviation of more than 50 percent of the standards of the sign regulations unless the applicant can demonstrate a site-specific reason why a deviation in excess of the 50 percent standard is justified. 3. Off-site signs. Developments within a shared/common approved commercial or industrial subdivision plat, may apply for off-site signage within the area described in that commercial or industrial plat. An industrial park is an example of such a development. The signs may be placed on parcels where an existing site plan has been approved. In those developments that do not have an approved site plan, the comprehensive sign program process may be utilized to establish a sign program for the development, provided that the application form for the comprehensive sign program is signed by all property owners on which signs are proposed to be located. This section shall not be construed to allow the installation of a billboard type sign. 4. Placement. Signs proposed under the Comprehensive Sign Program shall be placed to maximize visibility and readability and may not be placed within a visibility triangle or any other location that could cause a hazard. 5. Integration. All signs must be integrated with the design of the building and the site development, reflecting the architecture, building materials, and landscape elements of the development. Applicants are encouraged to integrate freestanding signs with the architecture of the buildings through replication of architectural embellishments, colors, building materials, texture, and other elements found in the building design. Integration shall include the use of sign graphics that are consistent in terms of lettering style, colors, and method of attachment as used for wall - mounted signing found on the building. (e) Review. The City Council shall consider the application no later than the 4P day after the application is filed. (f) Amendment. Applications for a Comprehensive Sign Program amendment shall follow all procedural requirements described herein. Sec. 58-17. - Variances (a) Application and fee required. Any person, business, or other organization desiring to continue to construct, reconstruct, place, install, relocate, alter, or use any sign which does not conform to the provisions of this chapter may make application to City Council for a variance to the provisions of this chapter. The application shall be filed with the Building Official, accompanied by a nonrefundable variance fee as listed in the City of Cibolo Fee Ordinance (as amended), and conform to all requirements established in this chapter relating to sign permit applications. (b) Requests for variances after denial. Variance applications may not be resubmitted within a year after denial unless law or facts supporting the denial have substantively changed. (c) Review. The City Council shall consider the application no later than the 45`s day after the application is filed. (d) Standards for variances. City Council may approve a variance only if it makes affirmative findings, reflected in its minutes of the proceedings, as to all the following: i. The variance will not authorize a type of sign which is specifically prohibited by this chapter; 2. The variance is not contrary to the public interest and will not have a substantially adverse effect on neighboring properties; 3. Due to special conditions applying to the land, buildings, topography, vegetation, sign structures, or other unique matters on the subject property, adjacent lots, or within the adjacent right-of-way, a literal enforcement of the ordinance would result in unnecessary hardship. Ordinarily, hardship that is self-induced or that is common to other similarly classified properties will not satisfy this requirement. Financial or economic hardship alone will not ordinarily satisfy this requirement; and a. The applicant has not sought a sign variance for the specific parcel of land from the City within the past 12 months. (e) Conditions of variances. City Council may impose such conditions or requirements in a variance as are necessary in its judgment to achieve the fundamental purposes of this chapter. A violation of such conditions or requirements shall constitute a violation of this chapter. The sign(s) must receive final inspection approval within three months of the date the variance is approved, or the variance shall lapse and become of no force or effect. See. 58-18. - Sign maintenance and nuisances. (a) All signs must be always maintained in a structurally safe condition and in good repair. No permit shall be required for the normal maintenance of any existing sign or repainting of the sign message, provided that the area of the sign is not enlarged, the height of the sign is not increased, and the location of the sign is not changed. Alterations to the sign, or major repairs (replacement of more than 20 percent of the sign to the original condition) shall not be considered normal maintenance and will require a permit. 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. (b) Changing of the sign message is limited to changing the design of the sign face without changing the sign itself, the sign type, or its components, and is normal maintenance. (c) The area around the sign shall be always kept clean by cutting vegetation around the sign and the supporting structure. (d) A sign shall constitute a nuisance if it causes injury or threatens to injure the public health, peace, or comfort or is a nuisance per se under the law. The process for abatement of a sign nuisance is as follows: 1. The initial determination if a sign constitutes a nuisance shall be made by the code enforcement officer. A sign is considered a nuisance per se if a sign is dangerously damaged or deteriorated or if it is damaged beyond 50 percent of its replacement value. 2. Notice. Upon the determination that a sign constitutes a nuisance, the Director of Planning shall provide notice of the nuisance to the responsible party by United States certified mail, return receipt requested or hand delivery. 3. Abatement. The responsible party shall take action to abate the nuisance within ten business days of the date of receipt of the notice. 4. Appeal. A responsible party may appeal the nuisance determination to the Board of Adjustments within ten business days of the date of receipt of the notice. Notice of the appeal must be in writing and delivered to the office of the City secretary by United States certified mail, return receipt requested or hand delivery. The Board of Adjustments shall meet to consider the variance no later than the 45' day after receipt of the notice of appeal and adopt a recommendation for City council to grant or deny the appeal. The City secretary shall provide the responsible party with notice of the appeal date not less than 72 hours before the meeting at which the appeal is scheduled. The Board of Adjustments shall not recommend the City council disturb the determination of the code enforcement officer unless, after consideration of the testimony of the responsible party, the Building Official, and such witnesses that have relevant information regarding the matter, it finds the decision of the Building Official to be in error. Each witness shall be allowed to make a concise opening statement before being questioned by members of the Board. The Board may confer with the City attorney before rendering a recommendation to City Council. The Board's recommendation shall be considered at the next regular meeting of the City council. The City council may, but is not required to, hear additional testimony prior to rendering a determination. The responsible party shall have ten business days from the date of an adverse determination to appeal the City council's decision to a court of competent jurisdiction, at which time, if not appealed, the City council's decision shall become final. s. City action. Upon the expiration or exhaustion of a responsible party's appeal rights, the City may abate the nuisance. 6. Exigent circumstances. Notwithstanding any provision of this subsection to the contrary, if, after consultation with the City attorney, the Building Official determines the nuisance to be of imminent danger to public life or safety, the building inspector may take immediate action to abate the nuisance. However, the Building Official shall only exercise such abatement actions under this subsection reasonably necessary to abate the imminent danger to public life or safety. 7.' Recoupment of nuisance abatement costs. The responsible party shall be responsible to repay the City for the actual costs associated with an abatement action under law and such repayment shall become due upon receipt of the repayment invoice for the abatement costs. To the extent allowed by law, the City may place a lien on the property on which it took the abatement action for any costs not reimbursed by the responsible party for more than 30 days after the date the City made demand on the responsible party for payment. s. Impoundment fees. Upon impoundment, the City shall provide notice of the impoundment by United States certified mail, return receipt requested or hand delivery to the responsible party. If the responsible party cannot be locate after reasonable inquiry, The City shall place notice in a newspaper of general circulation in the City. Any sign impounded by the City under this subsection shall be subject to an impoundment fee, assessed daily, as set out in the fee schedule. The impoundment fee shall be considered part of abatement costs for the purposes of repayment. An impounded sign shall be returned to the responsible party upon payment of all impoundment fees and abatement costs. 9. The City shall not be held liable for damage to said sign(s) during the removal or storage of the sign(s) by the City. Sec. 58-19. - Nonconforming signs. (a) Continuation. All nonconforming signs existing prior to the effective date of this chapter shall be allowed to remain in place, provided that they otherwise comply with the provisions of this Chapter. Signs that have a specified time period for use pursuant this chapter must abide by those specified time periods beginning with the change in law that rendered them nonconforming. (b) Transferability. t. Relocation. Nonconforming signs shall not be relocated or transferred to another location within the City of Cibolo municipal limits or ETJ without such nonconforming signs first being brought into full compliance with all requirements of this chapter, including obtaining a properly authorized permit. z. Transfer of title. Title and ownership of nonconforming sign, excluding portable changeable copy signs, may be transferred to a new owner upon the transfer of the property upon which the nonconforming sign is located to such new owner; provided the location of the nonconforming sign, and the sign itself, is not altered. In such cases, the new property owner must submit a permit application (no fee assessed) to indicate the change in ownership. (c) Registration. Within 90 days after the effective date of this chapter, or any change in law causing a sign to become non -conforming, the responsible party shall register the nonconforming sign with the Building Official. There shall be no costs associated with the registration of a nonconforming sign. It shall be the burden on the responsible party to prove, by a preponderance of the evidence, that a sign, not timely registered, falls under the protection of this section. (d) Removal. A nonconforming sign shall be removed because of any of the following circumstances: i. By the acts or omission of the sign owner. Nonconforming signs shall be terminated immediately upon the occurrence of any of the following events specified below: i. Destruction: A sign that, having been permitted to remain in place as a nonconforming use, is required to be removed because the sign, or a substantial part of it, falls down or otherwise destroyed, or is deteriorated or dismantled for any purpose, other than maintenance operations or for changing the letters, symbols, or other matter on the sign; Abandonment: A nonconforming sign that has been abandoned; iii. Discontinuation of use: A nonconforming sign that has not been left blank or otherwise not used for a continuous period of 90 days; or iv. Public health or safety hazard: Anonconforming sign that has become obsolete or substandard under any applicable ordinance of the City to the extent that the sign becomes a hazard or danger to public health or safety. 2. Sign owner's responsibility. For purpose of subsection (1), immediately above, a nonconforming sign or substantial part of it is considered to have been destroyed, deteriorated or dismantled (collectively "destroyed") if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the type at the same location. In the event that such destruction, deterioration or dismantling has occurred, it shall be the responsibility of the responsible party to supply the City of Cibolo with a quote from a reputable sign company that shows the replacement value and the cost to restore the sign to full compliance upon request by the Director of Planning within 15 days of said request so that the Director of Planning may determine if the non -conforming sign has been destroyed more than 60 percent of the cost of erecting a new sign of the type at the same location. In the event the nonconforming sign is determined to be destroyed beyond the aforementioned 60 percent threshold, or abandoned or discontinued or a public hazard by Director of Planning, the matter will be provided to City Council for their consideration. If City Council concludes that the 60 percent threshold has been exceeded, the sign must be removed by the responsible parry without compensation by the City within ten days after the date written notice of such determination is provided to the responsibility party by certified mail return receipt requested or by hand delivery. In such circumstances as determined to be warranted by the City manager, after consultation with the City attorney, a nonconforming sign determined to have become a public hazard may be summarily removed with costs to be home by the responsible party. An applicant seeking to install a replacement sign must fully comply with this chapter including application and payment of fee requirements. 3. By City action. City Council may require the removal, relocation, or reconstruction of any nonconforming sign not otherwise meeting the requirements for removal in this Chapter, provided that the owner of the sign is compensated for such costs that are associated with the removal, relocation, or reconstruction as is required by Tex. Local Government Code chapter 216. In cases where City Council requires the removal, relocation, or reconstruction of a nonconforming sign the presiding officer of CityCouncil is authorized to appoint a municipal board on sign control, pursuant to the requirements of Texas Local Government Code 216.004, with City council approval, in order to determine the amount of compensation. (d) Non -Conforming Billboards. Non -conforming billboards must comply with the following: i. Existing, non -electric billboards shall not be upgraded, modified or converted to an electronic, changeable message format. See definition for changeable electronic variable message (CEVMS). 2. Relocation of any existing billboard is strictly prohibited except when required by the construction of a publicly or privately funded road improvement project. In this lone case, the applicant may apply to the Board of Adjustments for approval to replace the billboard. An application pursuant to this subsection will follow the application and consideration processes under 58-17 Variances. See. 58-20. - Enforcement. (a) Nuisance. Any signs erected or located in violation of this Chapter shall constitute a nuisance. (b) Violations. Failure to comply with the provisions of this chapter, or otherwise erecting, maintaining, or owning an illegal sign, shall constitute a violation of the City Code. Each day a violation exists shall constitute a separate violation and, consequently, a separate offense. (c) Compliance Option. Signs found in disrepair shall receive a notice of violation with a deadline to conduct the necessary repairs which shall be 10 days for temporary signs and 30 days for permanent signs, unless, in the opinion of the code enforcement officer, such sign constitutes a potential hazard to the public, in which case no opportunity to repair will be provided. (d) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500.00. (e) Civil remedies. The City manager may authorize the City attorney to file an action in a court with appropriate jurisdiction to seek civil remedies to require the demolition of any sign at the owner's expense which is dangerously damaged or deteriorated. The action may include a claim for civil penalties as provided by state law. Civil remedies contained herein shall be construed to be in addition to the power of the City to abate public nuisances. (f) The enforcement provisions of this section are in addition to the abatement provisions within this Chapter.