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ORD 639 04/27/2004 ORDINANCE NO.639 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO AMENDING THE SIGN ORDINANCE NO. 583. PROVIDING PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;ESTABLISHING PENALI'IhS FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING A REPEALER CLAUSE AND PROVIDING A SAVINGS CLAUSE. WHEREAS,The City of Cibolo,Texas recognizes the needs of businesses and others to communicate with the public, and the needs of the public to be able to identify thatbusiness,the safety of the public, and community appearance. It is intended that this Ordinance regulate the location, size, construction, erection, duration,use and maintenance of certain signs within the jurisdiction of the City. WHEREAS, The City of Cibolo,Texas adopted this Ordinance on Signs 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. An Ordinance amending the following Section of Ordinance 583 and not affecting the remaining Sections and paragraphs. SECTION III DEFINITIONS H. Sign Area: The area also considered advertising face of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles,triangles, or circles that fully contain all extremities of the sign,including the frame but excluding any supports. To compute the allowable square footage of sign area, only one(1)side of a double face sign shall be considered providing both sides are of equal size. Triangular signs sixty(60°)degrees or less and open at the rear shall be computed as one(1)side. Sign area for all other signs shall be the sum of the area of the minimum imaginary rectangles,triangles or circles that fully contain all words,numbers, figures, devices, designs or trademarks by which anything is made known. SECTION IV GENERAL AND ADMINISTRATIVE PROVISIONS 5. Changing a Permit: When the Code Enforcement Department/Building Inspection Department has issued a permit,it shall be unlawful to change,modify, alter, or otherwise depart from the terms or conditions of such permit without prior approval of the Chief Building Inspector. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Code Enforcement Department/Building Inspection Department. 7. Variance: E. Effect of Denial:No requested variance that 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 Chief Building Inspector. Page 1 of 3 SECTION V PROHIBITED SIGNS 7. Signs attached,placed,painted, or otherwise erected upon any street lamppost,utility pole, street or traffic sign, fire hydrant,bridge,public building, or any other public property(without permission)other than governmental signs. 10. Signs located within ten(10)feet of any power line,pole, or crossbar(measured out horizontally . and not to break the vertical plane)or creating a hazard to vehicular or pedestrian safety. No sign may be located within a public right-of-way or within ten(10')feet of any public street or road. SECTION VII OFF-PREMISE SIGNS 3. Community Services Signs: Signs shall be a minimum four(4)square feet and not to exceed thirty two(32)square feet. These signs shall not be placed in a residentially zoned area. These signs will be allowed in agricultural areas that overlap a residentially zoned area. These signs shall be considered temporary signs. Exception for permanent Public School signs. Signs shall be located within three hundred(300')feet of the property that the school is located on. The sign shall not be allowed on property zoned residential or residentially occupied. The sign shall not advertise a commercial product or service. The sign area shall not exceed sixty(60)square feet with a maximum height of twenty five(25')feet and a minimum ground clearance of eight(8')feet, signs thirty(30')feet or farther from any street or road edge, and with a sign area of sixty(60) square feet or less will not be required to meet the minimum ground clearance. 4. Freestanding Signs: D. Exceptions: Advertisement signs twenty(20')feet or farther from any street or road edge or attached to a fence, and with a sign area of thirty two(32) square feet or less will not be required to meet the minimum ground clearance. SECTION VIII ON-PREMISE SIGNS 2. Advertising Vehicles:No person or business shall park an advertising vehicle(unless legally parked)on a public right-of-way or on public property. Vehicles shall maintain current license registration and motor vehicle inspection. 5. Freestanding Signs: B. Exceptions: Business advertisement signs twenty(20')feet or farther from any street or road edge or attached to a fence, and with a sign area of thirty two(32)square feet or less will not be required to meet the minimum ground clearance. Community service or business advertisement signs thirty(30')feet or farther from any street or road edge, and with a sign area of sixty(60)square feet or less will not be required to meet the minimum ground clearance. SECTION XE PENAL HES FOR VIOLATIONS Penalties for Violations: Any business,person,homeowner, contractor, company, or firm violating any of the provisions of this Ordinance or failing to observe any of the provisions hereof,upon conviction shall be deemed guilty of a misdemeanor, and shall be fined not more than one thousand ($1,000.00)dollars,per violation,per day, and each violation shall be a separate offence, and each day the violation exists shall constitute a separate offence. Page 2 of 3 SECTION XII REPEAL CLAUSE That all Ordinances and/or parts of Ordinances that are in conflict with the provisions of this Ordinance be, and the same are hereby repealed and all other Ordinances and/or parts of Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in force and effect. SECTION XIII SAVINGS CLAUSE Savings Clause: That the terms and provisions of this Ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause, or phrase, of this Ordinance should be declared to be invalid,the same shall not affect the validity of any other section, subsection, sentence, clause,phrase of this Ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS; PASSED AND APPROVED,THIS C9:1 DAY OF -f"-\pNALO —2004. f Charles Ruppert,Mayor onne Griffin, City S- r- . wow er entries on this page. Page 3 of 3