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Ord 1342 07/27/2021 CC Final Decision Maker A OF C, �o \ � r �o * ` a jpP Tf X As "City of Choice" ORDINANCE NO. `3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CIBOLO, TEXAS, SECTION 58-9 AND. SECTIONS .58-14 . THROUGH 58-17 TO AMEND VARIOUS.PROVISIONS IN ORDER TO PROVIDE CITY .COUNCIL WITH FINAL DECISION-MAKING AUTHORITY RELATING TO SIGNS; DECLARING A PUBLIC PURPOSE; INCORPORATING RECITALS; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, certain provisions of the City's current Code of Ordinances grant the Planning and Zoning Commission final decision-making.authority over appeals relating to the installation of new signs; and WHEREAS, the City Council, having duly considered such grants of authority to the Planning and Zoning Commission, has determined that such final decision-making authority should instead be vested solely in City Council which, as an elected rather than appointed body, is better-suited to wieldsuch authority where possible; and WHEREAS,. the. City Council directed staff to prepare this ordinance to amend relevant provisions.throughout the City's Code of Ordinances so that such final authority regarding appeals relating to the installation of new signs shall be granted to City Council rather than the -Planning and Zoning Commission; and WHEREAS, the City Council has determined that wielding such final authority, subject to prior review and recommendation by the Planning and Zoning Commission and/or City staff, is necessary to promote the health, safety, or general welfare of local residents and the safe, orderly, and healthful development of the City; and WHEREAS, having duly considered this matter, in accordance with applicable state. and local laws, the City Council has approved these amendments to the City's Code of Ordinances, having found that doing so will promote the health, safety and welfare of the public and .the safe, orderly, and Healthful development of the City; and NOW, THEREFORE, the Cibolo City Council has considered the effect of these amendments and has determined them to be appropriate,necessary and in the public interest; 1 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL . AUTHORITY TO CITY COUNCIL 7362/1#279909.1A NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. AMENDMENTS TO CHAPTER 58 - SIGNS. From and after the effective date, Section-58-9 and Sections 58-14 through 58-17 of the City's Code of Ordinances shall-be amended and shall hereinafter read as follows: Chapter 58—Signs. Sec. 58-9. - Sign permits. (a) Permit and fee required. Except for those signs described in section 59-1.0, 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 appendix A(fee schedule) of the city's Code of Ordinances. 1. Construction, reconstruction, placement, installation, or relocation of any sign shall require a permit and remittance of the appropriate fee which shall not be refundable. 2. Subdivision temporary signs, banner temporary signs, or new.business temporary signs shall require remittance of the appropriate fee which shall not be refundable. 3. A permit is required for replacing a previously permitted sign (excluding billboards) with another sign that is of like content, size, location, and that is otherwise compliant with this chapter. 4. 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. 5. 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. (b) Expiration of permits. 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 lime, 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 city building official. The application must be made on a form provided by the City of Cibolo and shall contain and have attached to it the following information: 1. Name, address, and telephone number of the applicant; 2. Name, address,telephone number, and firm of the person erecting sign; 2 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A 3. If applicant is not the owner of real properly where sign is proposed to be erected, must provide written consent and name, address, and telephone number of the property owner and a copy of the executed lease agreement(if applicable); 4. Location of building, structure, address, or legal lot and block to which or upon which the sign is to be attached or-erected; 5. A site plan indicating position, height, and size of the proposed sign and other existing advertising structures on the property in relation to nearby buildings or structures, north arrow, and scale of drawing, property lines, curb lines, adjacent streets, alleys,curb cuts, and setback clearance zone; 6. Specifications for the construction and display of the sign; 7. Copy of stress diagrams or plans, when needed, containing information as to safety and structural integrity of sign. The City of Cibolo assumes no, liability for safety and structural integrity of any sign; 8. Statement indicating whether the sign will require electricity. If so, the sign must comply with the National Electrical Code or any successor code as may be adopted and amended by the City of Cibolo; 9. Copy of permit approved by Texas Department of. Transportation in Guadalupe or Bexar County, Texas or successor agencies, if state law requires a state permit; 10. Date on which the sign is to be erected or displayed; 11. Any variance that will be requested (see section 58-17); and 12. Such other information as the City of Cibolo requests to show full compliance with this and all other standards of the city. The City of Cibolo is not required to act upon a permit application until it is deemed by the city to be administratively complete. (d) Approval and denial of permit. The building official shall promptly review an administratively complete application upon receipt from the applicant. The building official shall grant or deny an administratively complete permit application,within 45 days after the date that was received. The 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 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, or other similar codes adopted by the city. If the 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. City council hereby designates the members of the planning and zoning commission to serve hear appeals under this chapter and make a . recommendation to the City Council, which shall have final authorily to grant or denn appeal. The commission shall meet only as needed to consider an appeal of this chapter, and may conduct such appeals concurrently with a regular or special called meeting of the planning and zoning commission. Any applicant whose permit application is denied by 3 AMENDING"CHAPTER 58-SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A the building official may appeal the denial to the beard commission: Such,an appeal must be filed, in writing, with the building official within ten days after receipt of the denial. At the first available public meeting, after receipt of the appeal, the boar-d commission shall review the building official's administrative decision to deny the permit. The appeal shall be limited to the information the appellant provided to the building official in the permit application. The beard commission shall recommend that city council. sustain the building official's administrative decision unless the appellant establishes, by a preponderance of the evidence., that the building official's administrative decision was in error. (e) Modifications. After a sign permit has been issued by the building eedes 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 eede official. See. 58-14. - Comprehensive sign program regulations. The use of comprehensive sign program is designed for integrated commercial and industrial developments that generally have multiple uses, multiple shared points of access, or that may be a part of a large scale development, such as a shopping mall or industrial park that is identifiable by a single-development name, or by a school or hospital that may have multiple buildings and/or special signage needs; to allow site or development project signage that is appropriate to the character of the development in order to adequately identify the development in a form so as to provide a good visual environment,promote traffic safety, and minimize sign clutter in a form that is appropriate to the development and consistent with the purpose and.intent of these sign requirements. (1) Criteria. Comprehensive sign,programs shall be subject to review by the planning and zoning commissio review and approval by the city council. The planning and zoning commissionAign board of appeals shall recommend that city council approve, deny, or approve with conditions e-f-any sign program application if.it finds by a preponderance of the presented evidence that approval or denial conforms to the below criteria listed in section 58-14, items (3)—(7). (2) Process. Applications for comprehensive sign programs shall follow all procedural requirements described in-the City of Cibolo Unified Development Code (UDC):for a zoning variance in terms of notice to adjoining property owners, published notice in the newspaper, a public hearing, and the application filing fee. (3) 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-. (4) Size and height. Signs proposed under the comprehensive sign program shall be no larger than a maximum of 50 percent of the standards of the sign regulations unless 4 AMENDING "CHAPTER 58-SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1 4279909.1A the applicant can demonstrate a site specific consideration, or considerations, why a deviation in excess of the 50 percent standard is justified. (5) 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 established. In those developments that do not have an existing 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. (6) Placement. Signs proposed under the comprehensive sign program shall be placed appropriately in areas visible and readable. Review of location is considered by traffic movement of surrounding- streets, traffic volumes and access points, MSHTO and engineering standards,visibility triangles, sign orientation and topographic features. (7)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 project. The means of integrating freestanding signs with the architecture of the building may be achieved through replication of architectural embellishments, colors, building materials, texture, and other elements found in the building design. Integration shall also 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. (8) Amendment. Applications for comprehensive sign program.amendment shall follow all procedural requirements described in the City of Cibolo Unified Development Code (UDC) for a zoning.variance in terms of notice to adjoining property owners, published notice in the newspaper, a public hearing, and the application filing fee. The application shall be filed with the building official, accompanied by a nonrefundable sign program amendment fee as listed in the City of Cibolo Fee Ordinance (as amended), and conform to all requirements established in section 58-9 of this chapter relating to sign permit applications. A simple majority vote of the city council, following review and recommendation by the planning and zoning commission, shall be required to approve a sign program amendment. Sec. 58-15. - Sign maintenance and nuisances. (a) All signs must be maintained in a structurally safe condition and in good repair at all times. 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, the location of the sign is not changed, and the content of the sign does not materially change. 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 5 AMENDING"CHAPTER 58-SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A 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. The code enforcement officer shall inspect and have authority to order the painting, repair, alteration, or removal of a sign that constitutes a nuisance, a hazard to health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Changing of the sign message is limited to changing messages without changing the sign or its components and is considered to be normal maintenance. (b) The area around the sign shall be kept clean at all times by cutting vegetation around the sign and the supporting structure. (c) 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 of if it is damaged beyond 50 percent of its replacement value. 2.. Notice. Upon the determination that a sign constitutes a nuisance, the code enforcement officer shall provide notice of the nuisance to the responsible parry 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 planning and zoning commission 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 planning and zoning commission shall hear the appeal at its first available public meeting after receipt of the notice of appeal and adopt a recommendation for city council to grant or den. 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 planning and zoning commission shall not recommend that 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 question by members of the commission. The commission may confer with the city attorney,before rendering a recommendation to city council. The commission'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. 5. City action. Upon the expiration or exhaustion of a responsible party's appeal rights, the city may abate the nuisance. 6 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A 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. 8. Impoundment fees. 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. Signs not reclaimed within 30 days after a responsible party receives notice of such impoundment, by United States certified mail, return receipt requested or hand delivery, may be destroyed by the city. If the responsible party cannot be located after reasonable inquiry, such sign may [be] destroyed, if not reclaimed 30 days after notice is placed in the city's official newspaper. 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. See..58-16. -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: Section 58-6 (general regulations), section 58-15 (sign maintenance and nuisances) and this section. (b) Transferability. 1. Relocation. Nonconforming signs shall not be relocated or transferable 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. 2. 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 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, 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 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A responsible party to prove, by a preponderance of the evidence that a sign, not timely registered, falls under the protection of this section 58-16. (d) Removal.' A nonconforming sign shall be removed as a result of any of the following circumstances: 1. By the acts or omission of the sign owner. a. 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, is blown down or otherwise destroyed, deteriorated or dismantled for any purpose, other than maintenance. operations or for changing the letters, symbols, or other matter on the sign; ii. Abandonment: A nonconforming sign that has been abandoned; iii. Discontinuation of use: A nonconforming sign that has been discontinued for a continuous period of 90 days; or iv. Public health or safety hazard: A nonconforming 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. b. Sign owner's responsibility. For purpose of subsection (a), 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 51 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 code enforcement officer within 15 days of said request so that the code enforcement officer may determine if the non-conforming sign has been destroyed more than 51 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 51 percent threshold, or abandoned or discontinued or a public hazard by the code enforcement officer, it 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 parry by certified mail return receipt requested or hand deliver. 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 remove with costs to be borne by the responsible parry. A replacement sign must fully comply with this chapter and shall require a permit to be obtained from the city at the set fee. 2. By city action. The city may require the removal, relocation, or reconstruction of any nonconforming sign provided that the owner of the sign is compensated for such costs 8 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A that are associated with the removal, relocation, or reconstruction as is required by Tex. Local Government Code chapter 216. In cases where the city requires the removal, relocation, or reconstruction of a nonconforming sign the mayor is authorized to appoint a municipal board, with city. council approval, in order to determine the amount of compensation as prescribed in Tex. Local Government Code section 216.004. (d) [Pre-existing nonconforming signs.] 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: Section 58-6 (general regulations) and section 58-15 (sign maintenance and nuisances). (e) [Exception to subsection (d).]Nonconforming signs existing prior to the effective date of this chapter that are of a type that are limited to a specified time period for use in this chapter must abide by those specified time periods,beginning with the effective date of this chapter. See. 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 the planning and zoning commission for a variance to the.provisions of this chapter. Upon submittal of a complete variance packet, the application will be reviewed at the next regularly-scheduled planning and zoning meeting. - 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 section 58-9 of this chapter relating to sign permit applications. (b) Requests for variances after permit denial. Within ten business days after denial of a sign permit by the building official; an applicant may file a written request fora variance of the chapter 58 regulation(s) the building official identified to be in contravention with the permit application. (c) Action. ,Unless an extension or postponement is sought by the applicant, the planning and zoning commission must consider and make a recommendation to city council take aefie on the written request for a variance at its first available meeting. City council shall consider the commission's recommendation and make a determination of the variance request at its first available regularly-scheduled meeting, (d) Standards for variances. The commission may recommend approval.and city council may approve a variance only if it makes affirmative findings, reflected in its minutes of the proceedings, as to all of the following: 1. The variance will not authorize a type of sign which is specifically prohibited by this chapter; 2. The variance is not contrary to the goals and objectives outlined by the City of Cibolo; 3. The variance is not contrary to the public interest; 9 AMENDING"CHAPTER 58 SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A 4. Due to special conditions applying to the land, buildings,topography, vegetation, sign structures,- or other unique matters on 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; 5. The spirit and purpose of the ordinance will be observed and substantial justice will be done; and 6. The applicant has not sought a sign variance for a specific parcel of land from the city within the past 12 months. (e) Conditions of variances. The planning and zoning commission may recommend that city council impose such conditions or requirements in a variance as are necessary in the planning and zoning commission's 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. SECTION 2. AMENDMENTS.The only amendments to.the Code of Ordinances are identified above as outlined by strikeouts for deletion and underlines for addition, and all other provisions of those sections and the Code of Ordinances remain unchanged. SECTION 3. PUBLIC PURPOSE. The City Council finds that these amendments to the City's Code.of Ordinances are in the public interest and are necessary to promote the health, safety and welfare of the public. SECTION 4. INCORPORATING RECITALS. The City Council approves the recitals hereto and incorporates them herein as findings of fact. SECTION 5. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict with all remaining portions not conflicting being saved from repeal herein. SECTION.6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or illegal, such-decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase' thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared void. SECTION 7. EFFECTIVE DATE. The Ordinance shall be.effective immediately following its adoption by the City.Council. ORDERED this .27 day of 2021. 10 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A By: STOSH BOAE Mayor ATTEST PEGGY CIMICS, TRMC City Secretary APPROVED AS TO FORM:. DTRG, City Attorney 11 AMENDING"CHAPTER 58—SIGNS"TO GRANT FINAL APPROVAL AUTHORITY TO CITY COUNCIL 7362/1#279909.1A