Ord 1342 07/27/2021 CC Final Decision Maker A
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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;
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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;
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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
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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
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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
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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.
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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
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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
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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;
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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.
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By:
STOSH BOAE
Mayor
ATTEST
PEGGY CIMICS, TRMC
City Secretary
APPROVED AS TO FORM:.
DTRG, City Attorney
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