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Ord 048-2004 6/15/2004ORDINANCE No. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING IN ITS ENTIRETY, SECTIONS 6700 THROUGH 6799, KNOWN AS THE SIGN REGULATIONS, ZONING ORDINANCE, APPENDIX B OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this amendment at its May 12, 2004 meeting; and WHEREAS, the City Council of the City of Wichita Falls concurs with the Commission's recommendation and deems that the herein described amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Sections 6700 through 6799, known as the Sign Regulations, Zoning Ordinance, Appendix B of the Code of Ordinances, is hereby amended by replacing Section 6700 Sign Regulations, in its entirety, with the following text: 6700 SIGN REGULATIONS 6710 Purpose Signs are recognized as important means of communication and reasonable modes of advertising, and therefore constitute a significant and specific use of land. Standards for the construction of signs are herein provided for the purpose of protecting places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings and land; to preserve residential values, and to encourage the most appropriate use of land. Sections 6700 through 6799 shall be known as the sign regulations. 6720 Definitions Apartment Sign: A sign containing the name of and /or information about a multifamily dwelling or complex that consists of 3 or more dwelling units. Directional Sign: A pole, ground sign, or wall ground sign, placed on a nonresidential property, that directs vehicular traffic. The sign may, display arrows, words, or other symbols to indicate direction of facilities. No goods or services for sale may be listed. No sign may exceed fifteen (15) square feet or as elsewhere listed. Flashing Sign: A sign or part thereof, operated so as to create flashing; change in light intensity, color or copy or intermittent light impulses more frequent than one every ten (10) seconds and further provided that message Centers as defined herein shall not constitute flashing signs. It is further provided that a sign which creates intermittent light impulses which convey time of day and /or temperature only shall not constitute a flashing sign. Ground Sign: A sign which is supported by two (2) or more columns, poles, uprights, or braces placed in or upon the ground, or set within a foundation, and is not a part of a building. Institutional Sign: A sign placed on a premise of an institution containing the name of and /or information relating to such uses. Uses include nonprofit, quasi - public or public facilities, schools, religious assembly„ hospitals, or government owned facilities. Lighting: As the term is used in Table 6741 hereof, the illumination of a sign face by a light source exterior to, and not a part of such face or source of light not exposed to the eye. Marquee Sign: A projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line. Message Center. A sign which provides public service information, any similar public interest information and /or related advertising for a general business located on the same premise through electronically controlled intermittent light impulses. A message center shall consist of letters, words or numerals pictures or graphics, which can either change sequentially or travel across the display area. No character shall exceed 42" in height and no lamp shall exceed 50 watts. A message center as herein defined is deemed to be a sign subject to the requirements of Table 6741 hereof according to the particular use of said message center and the specific requirements for such uses determined by the classifications contained in said Table. Motion: As the term is used in Table 6741 hereof, the moving or rotating of a sign or portion thereof. Multi - Tenant Sign: An on- premise sign identifying individual businesses within a commercial building or buildings. Off Premise Advertising Sign: A, sign which directs attention to a business product, activity or service which is not conducted, sold, offered, or locatedon the premise where the sign is located. Class I Off - Premise sign - is a sign whose face exceeds 100 square feet in area, and is classified as a billboard. Class II Off - Premise sign - is a sign which has a sign face less that 15 square feet in area, is less than ten feet in height, and is used only to provide direction to a final location within five blocks. Such a sign is to carry no address, phone number or advertisement. Class III Off - Premise sign - is a prohibited sign which has a sign face greater than 15 square feet, and is not classified as a billboard. Pole Sign: A sign which is supported by one pole, column, upright or brace placed in or upon the ground and is not part of a building. Political Sign: A sign intended to advance a political statement, cause or candidate for office. Portable Sign: A sign constructed upon wheels, casters, skids or otherwise so designed to be movable from one location to another, including signs mounted upon a trailer, wheeled, carried, or other mobile structure; a portable sign which has its wheels removed shall be considered a portable sign hereunder. This definition shall also include vehicles, trailers, and similar such medium placed on a property for the purpose of advertising a product, service or other activity not associated with the location of the vehicle, trailer, or similar such medium. This definition shall not apply to kiosks, shelters, buses or other such devices approved by and under the control of the City for transit - related purposes; or to taxi cabs and privately operated buses; commercial vehicles used for sales, service, delivery or other such business activity currently taking place; or, to a temporarily parked vehicle used to advertise a special event for no longer than 72 hours, and not more than four times per year. Premise: For the purpose of this section, premise shall be defined as any lot or unplatted tract or any combination of contiguous lots under a single owner, or a tract where two or more owners have adjacent connecting parking lots. Projection Sign: A sign which is attached or affixed to any building wall or structure other than a pole and extends or projects beyond the building wall, structure, building line or property line more than twelve (12) inches. Reader Board Signs: A changeable copy sign with strips attached to the face of the sign to hold readily movable letters and numerals. The sign may be internally or externally illuminated (ground or pole sign only). The area of a reader board sign shall be included in calculating the maximum allowed sign area. Residential Sign: Any noncommercial sign placed on a residential property by the owner or occupant of said property. Such signs to include but not limited to special event sign, religious message sign, school sports sign and home security sign. Roof Sign: A sign which is erected, constructed, or maintained on or over the roof or parapet wall of a building. Sign Structure: Any part of a sign, including the base, supporting columns or braces, display surface, or any other appendage thereto. Street Setback: The distance from the property line or right -of -way line of all streets adjacent to the premises on which a sign is located. Temporary Commercial Sign 1: Any temporary on- premise sign of a commercial nature, no larger than 16 sq. ft. in area, placed on a residential property by a person, business, or entity that is in the process of performing a service or construction, or engaging in an event at or sale of said premises. Such signs to include but not limited to garage sale sign, contractor sign, real estate sign and auction sign. Temporary Commercial Sign ll: Any temporary on- premise sign of a commercial nature, no larger than 32 sq. ft. in area, placed on a nonresidential property by a person, business, or entity that is performing a service or construction, or engaging in an event at or sale of said premises. Such signs to include but not limited to special event or sale sign, contractor sign, real estate sign and auction sign. Temporary Commercial Sign 111: Any temporary on- premise sign of a commercial nature, no larger than 100 sq. ft in area, advertising vacant lots for sale within a residential or commercial subdivision, or advertising a pending residential subdivision or commercial development. Such signs shall include a contractor's sign placed during the construction of a nonresidential project or a residential subdivision. Temporary Residential Sign: A residential sign larger than 4 square feet and no larger that 32 square feet. Wall Ground Sign: A wall, not a part of a building, so erected for the purpose of placement or display of a sign. Wall Sign: A sign which is attached or affixed to the wall of a building or is an integral part of the wall of a building with the exposed face of the sign in a plan parallel to and not more than twelve inches (12 ") from said wall; provided, however, that electric wall signs may project not more than eighteen inches (18 ") from said wall. A wall sign shall not extend above or beyond the parallel face to which the sign is attached. 6740 Schedule of Sign Standards No sign shall be erected, placed, displayed or located except in accordance with the Schedule of Sign Standards contained in Table 6741 hereof, or other provisions concerning signs within the Zoning Ordinance. Any sign located within the Historic District must comply with Section 6300. x M- 4 00 -1 w0- 100--1 M0 1) z D Ch M (M 0 3 ( 0 = 33 M M �p 0 M- 0(D 0(D O c Cl °I 3 c @ M = GD o O U O C� D D — w '" 3 3 3 5 3 3 9 3 3— w =1 � 3 (D d a G) CD CL a m o = 0 = c — 3 o Z n ci d) —' o c c " vN v� a z W > > o@ — w w m a y. o ) 1� m M co = co ' @ = A — 3 Ill �w Z �� o w > > y d 3 3 7 v co co y e j D D D D_ D K T 3> _ Y -- r G) C) Q XG) DN3XG)> T Q G) 17 ) r 0K C7 C7 C7 CJ C7 C7 C7 C) C) 00 D — T - X � C) c r GI C) C) IM T q � C) T - A CA _� T � n �� �, — _ — _ = s nT r 2 r = �JCA� n 2 a c2 �t c W —a ' — — � 0 jZ w w w w w C/) v� o) W co � a ar '' ° C) U3 C) co C c N A N O N O O CD OD O N O p N p vi W p N (o 0 0 0 0 ° CT CT N A' a cil O a) m N O OD Z Z a, -` N O O O O O O O p O C) O _1 Q) cD N CJI Cl) N G1 n G7 n G) ,; G) G) G) CA G7 w o Z C T S G) G) b G1 G7 Z o ° ° O 0 O _ O z CI Z O O O 0 0 0 0 o Z o Z N O ' _ �; (D fD CD (D fD O fD O (D W 01 Cl) N di Q Z 7 Z 7 N 2 . 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A A OZ i > r. .mx T D . 2 D X e r n r R D z v' 0 CA t"D T (D co �mm n-q 71 0) T D 0 z 0 r G) 3 O z am X � C 0 3 Z my C M n �5D M r- NOTE 1 On- premise signs fronting a public street and located within ten (10) feet of the property line shall have a clearance from the surrounding grade to the bottom of the sign face of not less than nine (9) feet, except that low profile signs may be created within such area if the top of the sign does not exceed three (3) feet above the surrounding grade. Poles, columns, or other supports for such signs shall not exceed twelve (12) inches in dimension measured perpendicular to the street, and no portion of the sign shall overhang the property line. Exception: This requirement shall not apply to directional, residential or a Temporary Commercial Sign I if such sign placement does not create a view obstruction to motorists or pedestrians. NOTE 2 A. Separation Between Signs: A minimum separation must be maintained between signs as follows: For Class I signs, the linear distance between signs shall be 1,500 feet. The linear distance shall be that distance measured between the same class of sign where the signs are located on the same side of the road, street or highway. 2. The radial distance between signs shall be 500 feet. The radial distance shall be that distance between signs where the nearest portion of the sign is measured to the nearest portion of an adjacent sign. B. Separation from a Residential Use or Residential Zoning District 200 feet from the nearest residential use, or residential zoning district. A residential zoning district shall be a zoning district which allows the placement of a residential use as a permitted use. The General Commercial zoning district, for the purpose of this regulation, shall not be included as a residential zoning district. However, a residential use within that zoning district shall be included in the distance requirement. Separation from existing residential uses shall not apply when such uses are located within a zoning district that prohibits residential uses. For spacing from SF -1, SF -2, and MFR districts, spacing shall be measured from the nearest portion of the sign to the residential district boundary. However, when such residential district boundary abuts a public alley or street right -of -way, the right -of -way width shall be included in the measurement. C. Setback from Right of Way: 25 feet for Class I signs 10 feet for Class II signs 25 feet for all other signs under this Note. D. Height: 1. 42.5 feet for Class I signs 24 feet above roof for roof - mounted Class I signs. For Class I signs, height is measured from grade of roadway where sign is viewed. Where there exist more than one grade for the same street, road or system, the measurement shall be made from the highest grade. 2. 10 feet for Class II signs For Class II signs, the height shall not exceed ten feet when measured from installation grade. E. Measurement of Height: 1. Ground or pole sign within 100 feet of a street abutting the property on which the sign is located: From the top of the curb of the nearest street adjacent thereto, or if there is no curb, from a point six inches (6 ") above the edge of the road surface, to the top of the sign structure. 2. Ground or pole sign more than 100 feet from an adjacent street: From the ground at the sign base to the top of the sign structure. 3. Roof sign: From the roof level at the base to the top of the sign structure. F. Sign Area: 672 square feet, or 807 square feet with protrusions. NOTE 3 Classification Standards: G -Ground P -Pole W -Wall PR - Projecting RB - Reader Board WG - Wall Ground R - Roof NOTE 4 Maximum area is the total area of all businesses, tenants or services advertised on one sign structure; however, the total area of multi -faced signs shall be governed by Section 6750 B. NOTE 5 In the LC district, General Business signs shall not exceed eighty (80) sq. ft. in face area nor exceed twenty (20) ft. in height. Signs shall be limited to one per business or street frontage when located within 25 feet of the property line. In the RMU, GC, HC, HI, & CBD districts, General Business signs shall be limited by the following: If located within ten (10) feet of the property line or the back of the curb, whichever is greater, the sign face area shall not exceed eighty (80) sq.ft. nor exceed thirty (30) feet in height. If located at least ten (10) feet from the property line or the back of the curb, whichever is greater, but less than twenty -five (25) feet from the property line, the sign face area shall not exceed one hundred and twenty (120) sq. ft. nor exceed fifty (50) feet in height. If located twenty -five (25) feet or more from the property line, the sign face area shall not exceed nine - hundred (900) sq. ft. nor exceed eighty (80) feet in height. Signs shall be limited to one per business or street frontage when located within twenty -five (25) feet of the property line. See specific zoning district regulations in Section 3000 for additional sign regulations for LO, LC, RDD, and BA zoning districts. Signs proposed within the CBD district not in conformance with the provisions of Note 5 herein, and placed on a wall of a building covering more than 10% of the face of said wall, shall be reviewed through the Conditional Use Procedure as outlined in Section 7200. NOTE 6 Residential Signs, as defined herein, placed upon a residential lot, shall not have a cumulative area greater than 12 square feet. Each individual Residential Sign shall be no larger than 4 square feet. Temporary Residential Signs as defined herein shall not be placed on a residential lot longer than 5 days per year. 6745; General Provisions Permit required. Unless specifically exempted, a permit must be obtained from the Building and Code Administration official for the erection and maintenance of all signs erected or maintained within the City and in accordance with other ordinances of this jurisdiction. Exceptions to permit requirement. The following signs are exempt from the requirement for a permit: directional signs, political signs, residential signs, temporary residential signs, temporary commercial signs I and II, temporary commercial signs III when 64 sq. ft. or less in area, wall signs that do not project beyond the face of the wall more than 12 inches, temporary signs providing legal notice required by law of Local, State, or Federal Government, and seasonal displays and decorations which do not advertise a product or service. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this ordinance. Construction documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Building and Code Administration official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a Texas registered professional engineer where required by the International Building Code. Changes to signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of business names, lettering, sign faces, colors, display and /or graphic matter, or the content of any sign shall not be deemed a structural alteration. Permit fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction. Sign Maintenance. All signs allowed within the provisions of this ordinance, including temporary signs, shall be kept in good condition and repair. Signs damaged or deteriorated shall be repaired or removed within ten (10) days of notification by Building and Code Administration. Failure to comply with the notification shall constitute a violation. 6747' Prohibited Sign Elements and Locations A. No sign using a revolving beam or beacon of light resembling any emergency vehicle or traffic control sign shall be permitted, No flashing sign as defined herein shall be permitted. B. No high intensity light shall be permitted as part of a sign display visible from an adjacent street in any zoning district; and, in this regard, no reflectorized lights shall be permitted which shall exceed the intensity of 40 watt frosted -face bulb, except general informational type signs such as time or temperature signs approved by the Building Official. C. Notwithstanding any provisions of this section, no sign shall be erected which constitutes an obstruction to view of operators of motor vehicles on public streets or entering such streets from private property All signs shall comply with section 102 -40 Visibility Sight Triangle, Wichita Falls Code of Ordinances. 675CI Rules of Construction A. The area of a sign shall be computed by drawing a line or lines around the sign in such a way as to form not more than four (4) regular geometric figures such as a rectangle, circle, triangle, trapezoid, or ellipse. The total of these figures shall be the total area of the sign. All portions of the signstructure which are internally illuminated shall be subject to the area limitation of Table 6741. B. The maximum sign area prescribed in Table 6741 shall be applied to a sign with one (1) face. A sign constructed with more than one (1) face shall contain in the aggregate of all faces not more than twice the maximum area prescribed in Table 6741. The maximum interior angle between sign faces shall be ninety (90) degrees. C. The height of a sign shall be measured as follows: Ground or pole sign within one hundred feet (100') of a street abutting the property on which the sign is located: From the top of the curb of the nearest street adjacent thereto, or if there is no curb, from a point six inches (6 ") above the edge of the road surface, to the top of the sign structure. 2. Ground or pole sign more than one hundred feet (100') from an adjacent street: From the ground at the sign base to the top of the sign structure. 3. Roof sign: From the roof level at the base to the top of the sign structure. D. An allowed portable sign shall be a reader board installed upon a trailer or skid which has a sign area of not greater than 35 square feet per side, does not exceed 6.5 feet in total height, does not contain more than two sides for advertising, and which was designed to be towed behind a vehicle. A skid - mounted portable sign is also permitted if conforming to square footage and other requirements herein. A vehicle used for the purpose of off - premise advertising shall also constitute an allowed portable sign if in conformance with height requirements herein, and subject to other applicable provisions herein. 6755 Prohibited signs and disposition A. The following signs are prohibited in the city: Class III off - premise signs. 2. Signs not in conformance with standards contained herein. 67601 Nonconforming Signs A. Class I Signs Billboard signs nonconforming with the standards herein addressing location and spacing shall be allowed to continue in operation and use as long as no part of a supporting structure or sign face structure is replaced for any reason. Should a supporting structure or sign face structure be required to be replaced for any reason, such sign shall be removed in its entirety. An action or event requiring the removal of a sign shall not include routine repairs nor changing sign content or advertiser. 2. Billboard sign face structures not in conformance with square footage standards may continue until such time that the sign face structure is in need of replacement for any reason. Once a sign face structure is removed or replaced, it shall be placed in compliance with standards herein, and shall not thereafter be returned to a nonconforming status. 3. If the sign is in nonconformance with height standards herein provided, the replacement or removal of any portion of a sign face structure or support shall be deemed sufficient to require the sign to come into conformance with standards herein. 6765 Portable Sign Requirements A. A trailer or skid used in conjunction with an allowed reader board shall be maintained in a condition which does not permit the accumulation of rust or stains, and is not missing paint on heretofore painted surfaces. B. Blank reader boards with discolored or broken faces, or those which do not carry advertisement of a business where the sign is located or illegible advertisement, shall be removed from the premise. C. Vehicles allowed as portable signs shall carry current inspection and licensing, and shall not have flat tires, damaged glass, damaged body parts, shall be otherwise complete in their assembly, and shall be maintained in a condition which does not permit the accumulation of rust or stains, and is not missing paint on heretofore painted surfaces. D. The areas under and around an allowed portable sign shall have a permit issued by the Building and Code Administrator. E. Allowed portable signs shall have a permit issued by the Building and Code Administrator. F. Setback of portable signs shall be subject to requirements shown under Table 6741. G. No exterior lighting of any type shall be permitted, nor shall power be supplied by a gasoline or diesel - powered generator. H. No banners, flags, pennants, arrows, balloons or other such devices or objects shall be attached to any portion of the sign, trailer, skid or vehicle. An allowed portable sign shall be anchored or otherwise secured so as to reasonably prevent damage or injury to life or property as a result of high winds or other such occurrence, and secured as required by the Building Official. J. No more than one portable sign shall be placed on a lot, tract or parcel. K. Portable signs shall otherwise be subject to provisions contained in the Building Code. L. Portable signs shall be included in calculating the total number of signs per business. 6766; Signs on public right -of -way, public places, or city owned property No signs of any kind shall be erected or placed on the right -of -way of any street or alley in the city, nor any public place or city owned property, except for temporary signs, flags or banners authorized under 6767, traffic - control signs, signals and devices placed by the city under authority of the ordinances of the city, and advisory, safety and useful directional information signs placed by the city under authority of state law. Notwithstanding any other provision of this appendix, any sign so erected or placed on the right -of -way of any street or alley in the city in violation of this section shall be subject to immediate removal by the City Manager's designee without notice to the owner or the lessee thereof. Any such sign removed pursuant to this section may be redeemed by the owner or lessee thereof by the payment of $25.00 for costs incurred in removing any such sign to a place of storage and an additional $1.00 per day for costs of storage. Any sign not redeemed within 60 days after removal shall be considered abandoned and may be destroyed. No signs of any kind shall be attached to any utility pole located in any street or alley right -of -way or utility easement except by the owner of such pole. 6767' Temporary signs, flags or banners permitted by city Notwithstanding the other provisions of this appendix, upon a written request to the City Manager or designee, a temporary sign, flag or banner may be permitted within city - controlled right -of -way. Time, place, duration and manner of placement of signs, flags or banners shall be left to the discretion of the City Manager or designee. A permit shall be required through the Building and Code Administration. A sign suspended across the street shall be not less than 20 feet above the street at the lowest point. Such signs, flags or banners may be used only for the purposes of advertising celebrations, exhibitions, rodeos, fairs or activities of churches or other charitable, non - profit, educational or philanthropic organizations. SECTION 2 . It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 15 day of June, 2004. - - Ig � ATTEST: City I r