ORD 754 08/08/2006 ORDINANCE NO. 754
AN ORDINANCE AMENDING ORDINANCE 583 "SIGNS"; PROVIDING FOR
THE FINDINGS, PURPOSE, REGULATION, INSTALLATION, AND MAINTENANCE
OF SIGNS; ESTABLISHING JURISDICTION, GENERAL AND ADMINISTRATIVE
PROVISIONS, ON-PREMISE SIGNS, AND FEES; PROVIDING A REPEALING AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cibolo seeks to provide for the orderly
development of land and use of property within its corporate limits and ETJ;and
WHEREAS, the City Council seeks to maintain the value of the City of Cibolo's scenic and
natural resources,which are the keystones of the City's economic strength and quality of
life, through a comprehensive regulatory program that includes ordinances restricting
signs;and
WHEREAS,the City Council finds that improperly constructed and poorly maintained signs
can be safety hazards that constitute a public health risk and can devalue adjacent
properties;and
WHEREAS, the City Council finds that certain signs overwhelm the public, unduly distract
and confuse motorists by diverting attention away from the roadway, and result in safety
threats to vehicular and pedestrian traffic; and
WHEREAS, the City Council finds that certain signs constitute aesthetic harm by cluttering
viewsheds and highway corridors and adversely affecting the naturally scenic views and
native environment;and
WHEREAS, the City Council finds that certain signs may conceal or obstruct windows,
doors,or significant architectural features or details of buildings;and
WHEREAS, the City Council finds that properly constructed and maintained signs can
create a pleasing environment for residents,visitors,shoppers, and the entire community;
and
WHEREAS, the City Council finds it to be in the best interest of the public safety, health,
and general welfare to regulate the construction, design, repair, demolition,
maintenance, and use of signs so as to preserve the quality of life for the City of Cibolo's
residents, visitors, and property owners, maintain the public rights-of-way, prevent threats
to public safety, prevent traffic hazards, restrict signs that unduly interfere with scenic
views and constitute a public nuisance, and deter signs that are detrimental to property
values;and
WHEREAS, the City Council finds it to be in the best interest of the public to regulate signs
so as to promote roadway and pedestrian safety, encourage effective communication
with the public, improve the appearance of the City of Cibolo, uphold the principles of
free speech, including commercial speech, and enhance the community's character
while preserving the authentic cultural heritage of the area within the boundaries of the
City of Cibolo;and
WHEREAS, the City Council is authorized to regulate signs by virtue of the Texas
Constitution, the City of Cibolo's police power, and Texas Local Government Code
Chapter 216;and
WHEREAS, it is the desire of the City Council to have this "Sign Regulation" as a stand
alone ordinance and chapter in the Cibolo Code of Ordinances and to amend the
previous sign ordinance sections as indicated in this ordinance.
NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
These findings of the City Council are found to be true and correct and are hereby
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 1. AMENDMENTS. An ordinance amending the following sections of Ordinance
583 and not affecting the remainder of sections and paragraphs,thereof;and
SECTION III. JURISDICTION. The provisions of this ordinance shall apply within the
city limits and ETJ of the City of Cibolo,as defined by state law.
SECTION V. GENERAL AND ADMINISTRATIVE PROVISIONS.
2. Fees: The permit fee for all signs, banners and flagpoles shall be based on the
following schedule:
Illuminated Signs $200.00 plus$10 per square foot
Non-Illuminated Signs $150.00 plus$10 per square foot
Banner or Temporary Signs $75 plus$10 per square foot
Flagpoles $50 per pole plus$2.50 per linear foot of
pole height
Billboards $5000.00, plus$500.00 each time the
advertisement face information changes,
each side.
7. Variance.
B. Fee schedules set forth for variances: Fees are not refundable after
approval or denial.
1) Any pre-construction variance petition shall be set at$500.00.
2) Any post-construction variance petition shall be set at$1,500.00.
C. Attendance at City Council meeting: Attendance of the petitioner(s) is
recommended at the Planning and Zoning Commission and City Council
at which a variance is to be heard.
SECTION VIII ON-PREMISE SIGNS
E. Flags:
1. Permanent Flags:
Flags that show an emblem or logo of a firm or corporation,
national,state or local government or affiliation,subdivision or
development logos are permitted. No more than three (3) flags
shall be permitted to be flown on any one (1) flagpole to include
flagpoles equipped with a yardarm. No flag shall exceed the
recommended size for the flagpole using specifications listed in
Chart "A" in Section X. The flagpole height, not counting the finial,
the top of the pole in residential areas shall not exceed twenty five
(25') feet in height from the ground, and in commercial areas (to
include Government Agencies, Police Departments, Fire Stations,
Schools, United States Post Offices, Cemetery's, and places of
religious worship) shall not exceed forty five (45') feet in height
from the ground. No more than three (3) permanent flagpoles
shall be permitted per property. The second and/or third flagpole
shall not be higher than the primary flagpole. Permit required for
the construction of a flagpole.
2. Temporary Flags:
No more than six (6) temporary flags and flagpoles are permitted
in any one development,such as, model homes or entries where
the developer/builder intends to promote the development under
construction through the use of temporary flags. One (1) flagpole
may be up to fifty feet (50') in height. Two (2) flagpoles may be up
to thirty-five feet (35') in height. Additional flag poles may be up
to twenty-five feet in height. Flags shall comply with the size to
pole ratio illustrated in Chart "A",Section X of this ordinance. All
flags and flagpole installation shall be removed within thirty (30)
days of when the last lot of the subdivision has been issued a
building permit.
11. Subdivision Signs: Any sign used to mark the entrance to a specific
subdivision. A low profile permanent sign designed in such a way
as to indicate the name of the specific community and placed at
the main entry to such community. The sign(s) will contain only the
name of the development and may contain a community logo.
Each entrance (provided the entrances are one thousand (1000')
feet or greater apart) may have a maximum of two (2) subdivision
signs (one double sided or two single-sided). One (1) subdivision
sign may be located between the entrances or one (1) subdivision
sign may be located on each side of the entrance.These signs
shall not exceed thirty two (32) square feet of sign area.
Monument signs shall not exceed seven (7') feet in height. Signs
may be 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. The signage area shall be the cumulative surface area of
the sign itself and not the surface upon which the signage is
applied,such as a wall, column,or other architectural feature.
13. Wall Signs:
B. Wall signs projecting four (4") inches or greater from the
wall. Signs shall be constructed entirely of metal or other
noncombustible material.
1) Projecting signs shall be permitted in lieu of
freestanding signage on any street frontage limited
to one sign per occupancy along any street
frontage with public entrance to such an
occupancy. The maximum area of such signs shall
not exceed twenty-five (25) percent of the area of
the wall on which such signs are mounted. In multi-
tenant buildings on a single lot,the wall sign area
allowed for each tenant space shall not exceed
twenty (20) percent of each tenants wall area on of
the area of the wall on which such signs are
mounted. No such sign shall extend vertically
above the highest point of the building facade
upon which it is mounted by more than three (3')
feet of the height of the building facade. The area
of the wall shall be determined by the
measurement of the area above the awning,eave,
or extruding structure above the door, by the linear
footage of the tenant frontage,and by the
parapet roof edge or the baseline of the eave. All
signage allowance shall be determined based on
this calculation times the percentage allowable for
the sign.
2) Such signs shall not exceed two feet (2') from the
wall surface upon which they are applied.
3) Such signs shall maintain a clear vertical clearance
above any sidewalk a minimum of ten (10') feet.
SECTION 2. PURPOSE. The purpose of this Ordinance is to provide uniform sign standards
and regulations in order to ensure public safety and to promote a positive city image
reflecting order, harmony, and place, thereby strengthening the economic stability of
the City of Cibolo's business, cultural, historical,and residential areas;and
SECTION 3. JURISDICTION. The provisions of this ordinance shall apply within the city
limits and extraterritorial jurisdiction of the City of Cibolo,as defined by state law; and
SECTION 4. 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; and
SECTION 5. 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;and
SECTION 6. 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; and
Section 7. INVALIDITY OF A PART
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shill not affect the validity of the remaining portions of
this ordinance;and
Section 8. EFFECTIVE DATE. That this Ordinance shall be effective upon the approval of
the City Council of the City of Cibolo, Texas and the publication twice in the newspaper
of record AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of for, to against, this ' day of August,
2006.
SIGNED:
•hnny Sut,.: ayor
City of Cibolo,Texas
ATTEST-�
2,,,i,,-
, ...a—,f i
Peggy Cimics, City Secretary
City of Cibolo,Texas