The purpose of this article is to provide uniform sign standards which promote a positive City image reflecting order, harmony and pride, thereby strengthening the economic stability of Bellaire's business, cultural and residential areas. Objectives to be pursued in applying specific standards are as follows:

A.

To identify individual business, residential and public uses without creating confusion, unsightliness or visual obscurity of adjacent uses;

B.

To assure that the size, scale, height and location of all signs are directly related to the size and character of the sites upon which the signs are located and to further assure compatibility of all such signs, including the design features herein specified, with existing land uses on adjacent properties; and

C.

To assure that all signs, sign supports and sign bases shall be so constructed and designed to provide for safety and for design compatibility with the development site; where possible, the materials, form, color, lighting and design used should be similar to those used in the development.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

This sign ordinance is to be construed as prohibiting any sign not specifically allowed.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

The following definitions shall apply in the interpretation and enforcement of this article. In the event a word or term is not defined in this article but is defined in Article II of this chapter, the definition set forth in Article II shall be deemed controlling. In the event of a conflict between the definition of a word or term set forth in this article and the definition of the same word or term set forth in Article II of this chapter, the definition set forth in this article shall be deemed controlling as to the interpretation and enforcement of this article.

(1)

Advertise. To seek the attraction of or to direct the attention of the public to any goods, services or merchandise whatsoever.

(2)

Area. The area of a sign shall be computed by calculating the area enclosed within the boundaries created by connected straight lines, which straight lines shall connect all outermost points of the frame of the sign and any extremities thereof (excluding sign supports) and of any wording, numbers, figures, devices, designs or trademarks set out on the sign, by which anything is made known; provided that where it is possible to connect such outermost points in more than one (1) manner, thereby creating boundaries enclosing differing areas, those boundaries producing the lowest calculated area shall be used. For signs having displays on more than one (1) side, the area shall be that calculated on one (1) side.

(3)

Board of sign control. A board appointed by City Council, which determines appropriate owner compensation for the removal of non-conforming signs. See also Section 24-1011(5) of this article.

(4)

Business entity. A person, corporation or group of persons associated for the common purpose of engaging in a commercial or mercantile activity legally permissible under federal, state and local laws, including, but not limited to, partnerships, corporations, joint ventures, professional associations or sole proprietorships.

(5)

Commercial vehicle. A vehicle which is used on a regular basis during working hours to transport persons, goods or services for the purpose of engaging in business activities.

(6)

Development site. A parcel or abutting parcels of land that have definite boundaries, which are improved or which is to be improved as a single unit of development which may have one (1) or more uses.

(7)

District. An enumerated zoning district.

(8)

Fully shielded light fixture. From The International Dark Sky Association (IDA) Outdoor Lighting Code Handbook, a lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. A fixture that conforms to the Illuminating Engineering Society of North America (IESNA) definition of "full cutoff" is also considered "fully shielded."

(9)

Glare. A light ray emanating directly from a lamp, reflector or lens such that it falls directly on the eye of the observer.

(10)

Grand opening. The initial thirty-day period during which a business entity is open to the public.

(11)

Height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the curb of the street which is closest to the sign, or in cases where there is no curb, six (6) inches above the edge of the pavement of the street closest to the sign.

(12)

Institution. A church, school or other public service non-profit entity.

(13)

Mansard roof. A roof having two (2) slopes on all sides, with the lower slope steeper than the upper slope.

(14)

Primary use or service. The use or service that is the principal use or service provided.

(15)

School. As defined in Section 24-202(152) in the Code of Ordinances of the City of Bellaire, Texas ("Code"), but not including a home school, a discreet research facility associated with a school, or one having fewer than seventy-five (75) students per term.

(16)

Secondary use or service. A use or service that is subordinate and incidental to and serves a primary use or service.

(17)

Setback. The required distance between a sign and the street frontage property line, such distance being measured along a horizontal line extending from that point on a vertical plane projecting from said street frontage property line, to such nearest point on a vertical plane projecting from the sign, whether on the face or surface of the sign or sign supports.

(18)

Sign. A display containing words, numbers, figures, devices, designs, trademarks or other symbols, which attracts attention to or makes known such things as an individual, firm, profession, business, commodity, service, institution or residence and which is visible from any public street, including any structure designed to be used for said display.

(19)

Sign, abandoned. A sign which no longer correctly directs or exhorts any person or advertises a bona fide business lessor, owner, product, service or activity.

(20)

Sign, address identification. A sign showing the street number of a building. Such sign shall be legible and plainly visible from the street directly in front of the building, and utilize numbers between four (4) inches and eight (8) inches high.

(21)

Sign appendage. A subordinate or accessory sign or object attached to a primary sign.

(22)

Sign, auxiliary/public information. A window sign or wall sign indicating general information, such as pricing, trading stamps, credit cards, official notices or services required by law, trade associations, and signs giving directions to offices, restrooms, exits and like facilities. The combined area of all auxiliary/public information signs for any entity may not exceed ten (10) square feet.

(23)

Sign, banner/pennant. A sign made from cloth or other flexible material.

(24)

Sign, billboard. Outdoor advertising by poster panels or bulletins, multi-prism signs, or painted or printed bulletins, either on or off the premises being advertised.

(25)

Sign, business entity or institutional development site. A sign displaying information related to construction on the property of a business entity or institution. Such sign(s) may have an area and height no greater than thirty-two (32) square feet and ten (10) feet, respectively. One (1) such sign may be placed along the frontage of each side of the property fronting a public street or on the corner of a corner lot (as defined in Section 24-202 of the Code). Such signs must be removed within thirty (30) days of the issuance of a certificate of occupancy.

(26)

Sign, electronic message display. A sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means.

(27)

Sign, for sale, business entity. A sign displaying information related to the sale of a business entity. Such sign(s) may have an area and height no greater than thirty-two (32) square feet and ten (10) feet, respectively. One such sign may be placed along the frontage of each side of the property fronting a public street or on the corner of a corner lot (as defined in Section 24-202 of the City of Bellaire Planning and Zoning regulations). Such signs must be removed within ten (10) days of the closing of a sale.

(28)

Sign, canopy. A sign affixed to an ornamental and/or functional roof type structure extending or projecting from the main building structure ("canopy"). Such signs must be entirely contained within the canopy fascia, identify only the business entity's or institution's name, be mounted perpendicular to the building's front wall, have an area no greater than four and one-half (4½) square feet and provide clearance from grade of at least eight (8) feet.

(29)

Sign, changeable copy. A sign with letters, characters, or graphics that are not permanently affixed to the structure, framing or background of the sign, allowing the letters, characters or graphics to be manually modified from time to time. An electronic message display is not considered a changeable copy sign.

(30)

Sign, community event. A temporary sign or banner that advertises an event to be held on the premises of a church or school. Temporary community event signs, located on the premises of churches and schools in any district are allowed for a period of not more than thirty (30) days per event. A no-fee permit obtained from the City is required prior to the installation of such signs. No more than two (2) community events may be advertised on the premises of a church or school at any given time.

(31)

Sign, community service. A window sign or wall sign which solicits support for or advertises a nonprofit community use, public use or social institution. Such signs shall be limited in area to ten (10) percent of the area of the window or wall in which they are mounted and shall be removed within ten (10) days after the event or use to which they refer has concluded.

(32)

Sign, construction. A sign displaying information related to the construction of a building or buildings. A construction sign may have an area no greater than eight (8) square feet and must be removed within forty-five (45) days after a certificate of occupancy has been issued.

(33)

Sign, damaged. A sign which has become deteriorated or dilapidated and requires reconditioning to restore it to an average, normal state of repair.

(34)

Sign, destroyed. A sign that has been damaged to the point where the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location.

(34.5)

Sign, disaster. A temporary banner/pennant designed to indicate that a business entity or institution is open for business following a disaster or significant event as designated by the Mayor or City Manager.

(35)

Sign, electrical. A sign containing electrical wiring within or attached to the sign.

(36)

Sign, flag, business. A flag displaying an emblem or logo of a business entity.

(37)

Sign, flag, government. A flag of a nation, state, or political subdivision.

(38)

Sign, garage sale. A sign advertising the sale of used personal property from a residence as defined in Chapter 15.

(39)

Sign, government. A sign indicating public works projects, public services or other programs or activities conducted or required by any governmental subdivision.

(40)

Sign, institutional. A sign showing names, activities and/or services provided by an institution, located on property occupied by such institution.

(41)

Sign, leasing. A sign displaying information relating to the rental or lease of part or all of a business entity building.

(42)

Sign, monument. A sign with a display surface that is an integral part of the support structure which, in turn, is affixed or permanently fixed in the ground.

(43)

Sign, multi-party. A sign used by more than one (1) business entity. No more than twenty-five (25) percent of the area of a multi-party sign may be devoted to secondary uses or products sold on the premises.

(44)

Sign, nonconforming. Any sign lawfully erected and maintained prior to such time as it came within the purview of this Code and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Code. A nonconforming sign shall be kept in good repair and visual appearance. No structural alterations shall be made thereto. If the sign is damaged to the extent that the cost of repair exceeds sixty (60) percent of the original cost of the sign, the damaged sign shall be replaced in compliance with the Code in effect at the time the damage occurred to the nonconforming sign.

(45)

Sign, open house. A sign indicating that a prospective buyer or lessor is welcome to inspect the residential property upon which said sign is placed. Such sign may have an area no greater than three (3) square feet.

(46)

Sign, outfield. A sign attached to or a part of an outfield fence or outfield wall associated with a sports field has an area no greater than thirty (30) percent of the total area of the outfield fence or outfield wall. The top of the sign may not be more than ten (10) feet above ground level.

(47)

Sign, pole. A sign supported above grade by an exposed pole or poles anchored in or upon the ground.

(48)

Sign, political. A sign, conforming to the requirements of Chapter 216, Texas Local Government Code, erected on private property by or with approval of the property owner solely for the purpose of advocating certain political candidates or containing primarily a political message. However, such political signs may not have an effective area greater than thirty-six (36) square feet, may not be higher than eight (8) feet, may not be illuminated and may not have moving elements.

(49)

Sign, portable. A sign that is not permanently anchored or affixed to the ground, building or other structure.

(50)

Sign, promotional. A temporary sign, banner or pennant intended to call attention to a business' special promotion or sale, grand opening, or reopening under new management. Such signs for which a written permit issued by the City of Bellaire is required, are limited to no more than two (2) separate promotional and/or sales events within a calendar year or for a cumulative number of thirty (30) days or less during a calendar year.

(51)

Sign, realty. A sign located on real property that is for rent, lease or sale, said sign being for the purpose of advertising the rent, lease or sale of said property. A realty sign may have an area no greater than eight (8) square feet.

(52)

Sign, residential development. A sign displaying information relating to the construction and identity of a new residential development. A residential development sign may have an area and height no greater than thirty-two (32) square feet and ten (10) feet, respectively, and must be removed promptly upon the first sale of the last residential unit to be sold at such site.

(53)

Sign, residential name. A sign indicating the name of the occupant of a residential unit. A residential name sign may have an area no greater than one (1) square foot and may either be attached to a building or freestanding. If freestanding, its height may not exceed eighteen (18) inches.

(54)

Sign, roof. A sign which is affixed to a building roof, except a sloping or mansard roof.

(55)

Sign, scoreboard. A large board used for indicating the score and other game related information during an athletic event. Such score indications may be made either with or without lights. The scoreboard (including donor name) may be lit only during athletic events and as necessary for maintenance purposes, with changing or moving displays used only for score changes and team names. The scoreboard may also show the name of the field or institution at which it is located, the name of the donor of the scoreboard, and team accolades, if applicable. The donor sign shall be affixed to the support structure of the scoreboard fixture and shall conform to the following sizing specifications:

a)

Overall size of scoreboard. not more than two (2) square feet of scoreboard face, including, but not limited to sponsor, donor, or accolade signage, per one (1) linear foot of the playing field that the scoreboard faces.

b)

Overall height of scoreboard structure. from ground level to top of scoreboard may not exceed twenty-five (25) feet.

(56)

Sign, sloping or mansard roof. A sign affixed to a sloping or mansard roof.

(57)

Sign, traffic control. A privately erected sign, signal or device that provides information or direction to motorists. A traffic control sign may have an area no greater than five (5) square feet and a height no greater than five (5) feet, except for clearance bars located over entrances to private parking areas, and may be a pole sign.

(58)

Sign, wall. A sign affixed flat against and parallel to a building wall and projecting no more than one (1) foot perpendicular from the building wall.

(59)

Sign, window. A sign which is applied or attached to a window, or located within three (3) feet of the interior of a window, on a structure which can be seen through or from the window.

(60)

Sign, windscreen. A sign which is applied to a porous fabric designed to limit airflow and/or sight. Windscreen signs are limited to outfields, dugouts and tennis courts. A windscreen sign may only display the name of the institution and the institution's mascot, either in written or pictorial form. Windscreen signs used as outfield signs are subject to the height and area restrictions in place for outfield signs.

(61)

Site frontage. That frontage under one (1) common plan of development at the time of application for a sign permit.

(62)

Visibility triangle. That area along an intersection of either two (2) streets or a street and a driveway that assures that drivers and pedestrians have an unobstructed view. A triangle formed by a diagonal line extending through points on the two (2) property lines twenty-five (25) feet from the street corner intersection of the property lines. In the case of an intersection of a street and a driveway, the visibility triangle is a triangle formed by the intersection of a street and driveway measuring ten (10) feet in each direction from the point of intersection of the ultimate right-of-way line and the outer edges of the driveway approach. Both configurations are illustrated in Diagram 24-1003(61).

Intersection to intersection:

•

From the inside corner of the intersection measure along the property line twenty-five (25) feet in both directions.

•

Connect the twenty-five-foot mark on each side with an imaginary line to form a triangle.

•

The sign must be located behind that line.

Driveway to intersection:

•

From the inside corner of the intersection, measure along the property line ten (10) feet in both directions.

•

Connect the ten-foot mark on each side with an imaginary line to form a triangle.

•

The sign must be placed behind that line.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011; Ord. No. 23-061, § 2(App. A), 9-11-2023)

The City Manager of the City of Bellaire shall have the responsibility for enforcement of the provisions of this article and may designate a member of his staff as his representative. The City Manager shall have the authority to adopt regulations and procedures consistent with the terms of this chapter necessary to implement the provisions of this article.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

It shall be unlawful for any person or business entity to erect, construct, enlarge, alter, repair, move, improve, convert, equip, use or maintain any sign or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this article. The regulations of this article are not intended to permit any violation of the provisions of any other lawful ordinance or regulation of the City. Any violation of this article shall constitute a Class C misdemeanor. Each day in which any violation shall occur shall constitute a separate offense.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

A.

Primary uses identified. All signs, other than address identification and auxiliary/public information signs, shall pertain to the identification of the primary uses, by name of the occupant or business, and/or primary services provided or primary products sold on the premises.

B.

Permit required. No sign shall be displayed without a permit obtained from the City of Bellaire, except residential name, address identification, realty, construction, political, auxiliary/public information, and community service signs, for which permits are not required. No permit shall be issued except to the owner, occupant or a bonded sign contractor.

C.

Address identification. An address identification sign is required for each building.

D.

Visibility triangle. No sign may be placed in a visibility triangle.

E.

Moving displays. Other than a scoreboard or an electronic message display sign, no sign or appendage thereto may contain a changing or moving display. No sign may emit audible sound, perceptible odor or visible matter.

F.

Maintenance. All signs, including those painted on the walls of buildings, shall be permanently maintained in a safe, presentable condition. All signs shall be kept in good repair and, unless of galvanized or non-corroding metal or treated with appropriate wood preservative, shall be thoroughly painted as often as is necessary, consistent with good maintenance. All braces, bolts, clips, supporting frames and fastenings shall be free from deterioration, termite infestation, rot or loosening. All signs shall further be maintained in compliance with any additional requirements for signs as are specified in Chapter 9 of the Code and any other applicable requirements of said Code.

G.

Copy faces limited. No sign shall have more than two (2) sides of copy, except when the site upon which the sign is located is bounded on three (3) or more sides by street rights-of-way, in which case there may be three (3) sides of copy.

H.

Projection limited. No sign shall project over any property line or public sidewalk or hide from view any street sign, signal or device erected by a municipality for traffic control.

I.

Traffic control sign confusion prohibited. No sign, which by reason of its size, location, movement, content, coloring or manner of illumination, resembles, may be confused with or construed as a traffic control sign, is permitted.

J.

Portable signs. No portable sign, including a sign affixed to a vehicle, is permitted, except typical display meant to identify a business entity on a commercial vehicle.

K.

City of Bellaire. Nothing in this ordinance is to be construed in such a manner that would prohibit the City of Bellaire from placing signs upon property under the ownership or control of the City of Bellaire.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

A.

Monument and wall signs for business entities and institutions may be either internally or externally illuminated.

B.

Scoreboards. Scoreboards may be internally illuminated.

C.

Internally illuminated signs. Illumination of an internally illuminated sign shall be by a light source that is contained inside such sign's structure comprising the display surface area and consisting of its frame and face(s).

D.

Externally illuminated signs. Illumination of an externally illuminated sign shall conform to the following:

(1)

Illumination shall be by an externally located, steady, stationary fully shielded light fixture directed solely at the sign;

(2)

The light source shall not:

a)

Be visible from any street right-of-way;

b)

Cause glare to pedestrians or vehicle drivers; or

c)

Create a nuisance to adjacent properties.

(3)

Lighting shall be limited to one (1) fully shielded light fixture per sign side for a sign having an area no greater than forty (40) square feet and not more than two (2) fully shielded light fixtures for a sign having an area greater than forty (40) square feet.

(4)

The intensity of the light shall not exceed twenty foot-candles (20 fc) at any point on the sign face.

(5)

A sign may not have a light-reflecting background but may use light-reflecting lettering.

(6)

Colored lamps are not permitted.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

Signs prohibited in all zoning districts include, but are not limited to:

A.

All signs, other than address identification signs, which do not identify the primary uses, by name of the occupant or business, or the primary services provided or products sold on premises, except for auxiliary and public information signs as hereinafter provided;

B.

Appendages which have flashing, blinking or traveling lights to primary signs;

C.

Signs or posters of miscellaneous character, not otherwise regulated, which are tacked, painted, pasted or otherwise affixed and totally visible from any public right-of-way or pedestrian passageway or plaza, located on the walls of buildings or sheds, on trees, poles, posts, fences or other structures;

D.

Banners, pennants, searchlights, twirling signs, sandwich or "A" frame signs, balloons, tethered balloons, or any other advertising sign of a similar nature, located anywhere upon the development site or upon the sidewalk, curb or right-of-way adjacent to the development site;

EXCEPTION: Banners and pennants, as specifically permitted in Section 24-1010;

(E)

Flags, other than flags of any nation, state or political subdivision;

EXCEPTION: One (1) flag of a standard customary size that shows an emblem or logo of a firm, corporation, religious or educational or organizational shall be permitted, provided all other regulations of this article are met;

F.

Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, resemble, may be confused with or construed as traffic-control signs, signals or devices, or the lights of an emergency or road equipment vehicle, or which hide from view any traffic-control or street signs, signals or devices, except as permitted in accordance with Sections 24-1009 and 24-1010 of this article;

G.

Any sign or advertising device attached to or located on any vehicle or trailer parked on a public right-of-way, on public property or on private property so as to be totally visible from a public right-of-way, the basic purpose of which sign or advertising device is to provide advertisement of products or to direct people to a business or activity located on the same property or other property or premises;

EXCEPTION: This subsection shall not be construed so as to prohibit typical vehicular signage such as is lettered on a commercial vehicle;

H.

Portable signs;

I.

Any sign that emits audible sound, odor or visible matter;

J.

Billboards;

K.

Pole signs; and

L.

Changeable copy signs.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

The following signs are permitted on property in or for residential use (see Section 24-1003, general definitions and definitions and requirements for signs for specifications):

A.

Two (2) address identification signs.

B.

One (1) construction sign.

C.

One (1) realty sign; two (2) on a corner lot.

D.

Three (3) open house signs.

E.

Political signs.

F.

Garage sale sign(s) permitted by Chapter 15 of the Code.

G.

One (1) residential development sign per development site.

H.

Notice of public hearing signs required under Section 24-611, Required Signs.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

The type, number and size of Signs, and the limitations thereon, permitted to a business entity and an institution, are listed in Section 24-1011 and Section 24-1012, respectively. In addition, the following provisions are applicable.

A.

Extensions. No sign may extend over the roof line or parapet line of the building on which it is located.

B.

Address identification. An address identification sign may be displayed separately or incorporated into any permitted sign.

C.

City logo. Any official City of Bellaire logo may be displayed separately or incorporated into any Sign permitted in the City Center District. Any official City of Bellaire logo and/or an address identification sign may be incorporated into one (1) other sign ("incorporating sign") permitted on the property. The maximum allowable area of such incorporating sign may be increased by up to ten (10) percent for each such incorporation, provided that the area of each incorporation may not constitute more than ten (10) percent of the total area of the incorporating sign.

D.

Design compatibility. Each sign must be designed and constructed so as to reflect design compatibility with the development or structure to which it refers.

E.

Leasing signs. On those properties where a leasing sign is permitted, such sign may be either temporary or permanent. A temporary sign may have an area no greater than fifty (50) square feet with a maximum height of eight (8) feet, and may be displayed for no longer than six (6) months in a calendar year during which less than ninety-five (95) percent of the rentable floor area is occupied. A permanent sign may be a monument sign that has an area no greater than thirty-two (32) square feet and a maximum height of six (6) feet.

F.

Banners/pennants. Banners/pennants shall be permitted under the following circumstances:

(1)

Grand openings, special promotions and/or sales. A permit to display these temporary signs must be obtained annually from the City of Bellaire. The permit covers one (1) calendar year during which a banner/pennant may be displayed for one (1) event for a period not to exceed thirty (30) days or for two (2) separate events cumulatively not to exceed thirty (30) days in total.

(2)

Disaster. A temporary banner/pennant for a period not to exceed ten (10) days is allowed due to a disaster or significant event as designated by the City Manager or the Mayor of Bellaire. A permit may be issued to grant an extension for displaying such temporary banner/pennant in fourteen (14) day increments, as needed, following the initial ten (10) day period in which a permit is not required.

(3)

Construction.

a)

When a business entity is undergoing remodeling or renovation to include the replacement of the sign or that portion of the roof where the sign is attached requiring the temporary removal of the sign, a temporary banner may be permitted until such time that the sign is replaced, the roof is repaired, or for thirty (30) days, whichever is the shortest amount of time. Extensions may be granted in fourteen (14) day increments as needed.

b)

If construction or renovation to an adjoining property or a building on the same site results in a sign that is temporary hidden or obscured from a person's field of vision then a banner may be permitted until such time that the sign is no longer obscured or for thirty (30) days, whichever is the shortest amount of time. Extensions may be granted in fourteen (14) day increments as needed.

(4)

No more than one (1) Disaster or Construction banner/pennant may be displayed at a time and may not exceed a maximum area of twenty-five (25) square feet.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

A.

An electronic message display sign may only be integrated into a permitted monument sign as regulated under Section 24-1011. The total area of the changeable copy message is limited to twenty (20) square feet and shall be limited to no more than fifty (50) percent of the area of the total sign face allowed.

B.

No more than one (1) electronic message display sign is permitted per development site, limited to two (2) sides of copy.

C.

An electronic message display sign may be no closer than one hundred (100) feet to a residence. The minimum spacing between changeable message signs is two hundred (200) feet irrespective of property lines.

D.

The minimum display time for a message is fifteen (15) minutes. The transition time between messages shall appear instantaneous without the illusion of flashing, scrolling, animation or movement of any kind.

E.

The following display features are prohibited: continuous scrolling and/or travelling, flashing, spinning, fade, dissolve, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.

F.

All electronic message display signs shall come equipped with automatic dimming technology, which automatically adjusts the sign's brightness level based on ambient light conditions.

G.

No electronic message display sign shall exceed a brightness level of 0.3 foot-candles above ambient light as measured using a foot-candle (Lux) meter at a distance based on sign area, measured as follows:

(1)

Measurement Distance = √Area of Sign Square Footage x 100

H.

Only monochrome electronic message display signs are permitted with black backgrounds and message colors limited to red or amber.

I.

An electronic message display sign is not permitted on a site with an existing changeable copy sign or a pole sign, unless the electronic message display sign is replacing either of these signs in conformance with the provisions of this section.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

The following signs are permitted on property in or for a commercial use.

A.

Wall Signs.

(1)

Districts. L-610, LI and TRP.

a)

Number allowed. One (1) sign permitted per building wall.

b)

Maximum area. Two and one-half (2½) square feet per foot of wall length.

(2)

Districts. All other commercial and mixed-use districts.

a)

Number allowed. One (1) sign per business entity.

1)

A building located at the corner of an intersection may have one (1) additional sign per intersection on the wall that faces such secondary street, unless the wall is directly across from a residential zoned district.

2)

A multi-tenant building that faces a parking lot may have one (1) additional sign on the wall that faces the street from which the property is primarily accessed.

3)

A multi-tenant building that provides a minimum of twenty-five (25) percent of the required parking to the rear of the building, and is located on a site with street frontage along the front and rear of the site, may have one (1) additional sign per business entity to be located on the rear of the building, however such signs shall not exceed the maximum area allowed for a one-story building regardless of the number of stories.

b)

Maximum area.

1)

One-story building. One (1) square foot per linear foot of wall length.

2)

Two (2) or more stories. One and one-half (1½) square feet per linear foot of wall length.

B.

Window Signs.

(1)

Districts. All commercial and mixed-use districts.

a)

Number allowed.

1)

Up to twenty (20) percent of the total window area for a business entity may include window signs. Percentage is based on total window area on the first floor.

2)

Window signs are only permitted on the first floor.

b)

Maximum area. Total of all window signs for a business entity may not exceed forty (40) square feet.

C.

Monument Signs.

(1)

Districts. All commercial and mixed-use districts.

a)

Number allowed.

1)

Generally. One (1) per building.

2)

Two (2) monument signs are allowable:

(a)

When the building fronts two (2) of the following streets: Bellaire Blvd., S. Rice Ave., Bissonnet St., or the 5700 and 5800 blocks of Newcastle, provided that neither sign is located within one hundred (100) feet of a residential property and the minimum spacing between the signs is three hundred (300) feet; or

(b)

On automobile service stations on a corner lot with frontage on at least two (2) streets.

b)

Maximum area. Sixty (60) square feet.

c)

Maximum height. Eight (8) feet above curb.

d)

Minimum setback. The greater of two (2) feet from the property line or six (6) feet from the edge of the street, whichever is more restrictive.

e)

Spacing limitations. Only one (1) monument sign per one hundred (100) feet of linear feet or part hereof shall be permitted, except when more than one (1) freestanding building is located on one (1) site.

D.

Canopy Signs.

(1)

Districts. All commercial and mixed use districts except L-610, LI and TRP.

a)

Maximum area. Four and one-half (4½) square feet.

b)

Minimum clearance. Eight (8) feet above ground.

c)

Allowable locations. On ground floor abutting street, parking lot or public walkway, excluding alleys and driveways.

E.

Other Allowable Signs.

(1)

Districts. L-610 and TRP.

a)

Business flag.

b)

Community event.

c)

Community service.

d)

For sale.

e)

Governmental.

f)

Leasing.

g)

Multi-party.

h)

Political.

i)

Traffic control.

(2)

Districts. All other commercial and mixed use districts.

a)

Auxiliary/public information.

b)

Business entity or institutional development site.

c)

Business flag.

d)

Community event.

e)

Community service.

f)

Construction.

g)

For sale.

h)

Governmental.

i)

Multi-party.

j)

Political.

k)

Temporary promotional.

l)

Traffic control.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

A.

Wall Signs.

(1)

Districts. L-610, TRP and UV-T.

a)

Number allowed. One (1) per wall.

b)

Maximum area. Two and one-half (2½) square feet per foot of wall length.

(2)

Districts. UVD, CMU, and LI.

a)

Number allowed. One (1) per institution.

b)

Maximum area.

1)

One-story building. One (1) square foot per linear foot of wall length.

2)

Two (2) or more stories. One and one-half (1½) square feet per linear foot of wall length.

(3)

Districts. All other zoning districts.

a)

Number allowed. One (1) per institution.

b)

Maximum area.

1)

One-story building. One (1) square foot per linear foot of wall length.

2)

Two (2) or more stories. One and one-half (1½) square feet per linear foot of wall length.

B.

Monument Signs.

(1)

Districts. All zoning districts.

a)

Number allowed.

1)

Generally. One (1) per building.

2)

Two (2) monument signs are allowable:

(a)

When a building site fronts two (2) of the following streets: Bellaire Blvd., S. Rice Ave., Bissonnet St., or the 5700 and 5800 blocks of Newcastle, provided that neither sign is located within one hundred (100) feet of a residential property and the minimum spacing between the signs is three hundred (300) feet; or

b)

Maximum area. Sixty (60) square feet.

c)

Maximum height. Eight (8) feet above curb.

d)

Minimum setback. The greater of two (2) feet from the property line or six (6) feet from the edge of the street, whichever is more restrictive.

e)

Spacing limitations. Only one (1) monument sign per one hundred (100) feet of linear feet or part hereof shall be permitted, except when more than one (1) freestanding building is located on one (1) site.

C.

Canopy Signs.

(1)

Districts. UVD, CMU, and LI Districts.

a)

Maximum area. Four and one-half (4½) square feet.

b)

Minimum clearance. Eight (8) feet above ground.

c)

Allowable locations. On ground floor abutting street, parking lot or public walkway, excluding alleys and driveways.

D.

Other Allowable Signs.

(1)

Districts. L-610, TRP and UV-T.

a)

Community service.

b)

Community event.

c)

Outfield.

d)

Political.

e)

Scoreboard.

f)

Traffic control.

g)

Windscreen.

(2)

Districts. UVD, CMU, and LI Districts.

a)

Auxiliary/public information.

b)

Business entity or institution development site.

c)

Community event.

d)

Community service.

e)

Construction.

f)

Outfield.

g)

Political.

h)

Scoreboard.

i)

Traffic control.

j)

Windscreen.

(3)

Districts. All other zoning districts.

a)

Community event.

b)

Community service.

c)

Outfield.

d)

Political.

e)

Public information.

f)

Scoreboard.

g)

Windscreen.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011; Ord. No. 14-041, § 1, 8-18-2014)

The City of Bellaire shall have the power to issue stop orders, to require the repair or removal of certain signs and/or to revoke sign permits, as provided in this section. In so doing, the City shall comply with all procedural requirements specified in Chapter 9 of this Code for the giving of notice, the issuance of orders, the removal of signs and storage and/or sale thereof by the City, and the conduct of hearings on permit revocations.

A.

Stop orders. If the City shall determine that work on any sign is being performed in a dangerous or unsafe manner, upon written notice and issuance of a stop order by the City, such work shall be immediately stopped. Such notice shall be given to the owner of the property or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. However, where an emergency exists, written notice shall not be required.

Following the issuance of a stop order, the City shall initiate proceedings to revoke any permit issued for the work covered by such stop order unless the cause of the stop order is resolved to the City's satisfaction.

B.

Revocation of permit. The City shall have, and is hereby granted, the power and authority to revoke any and all licenses or permits authorized by this Code for violation of the terms and provisions of this Code, subject to the procedural requirements of Chapter 9 of this Code for notice and hearing.

C.

Repair required. The City is authorized to require the repair of signs within the City under the following conditions.

(1)

Damaged sign. A damaged sign shall be repaired within ninety (90) days of receipt of notification from the City.

(2)

Sign not properly maintained. If the City shall determine that a sign is not being maintained as required by the terms and provisions of this Code, the City shall give written notice to the owner or lessee thereof to so maintain the sign.

(3)

Unsafe signs. Should a sign, in the opinion of the City, become insecure or in danger of falling or otherwise unsafe, the City shall give written notice of the condition of the sign to the person owning, leasing or responsible for the sign; and said person so notified shall correct the unsafe condition in a manner approved by the City and in conformity with the provisions of this Code. However, where an emergency exists, written notice shall not be required.

D.

Removal required without compensation to owner. The City is authorized to require the removal of a sign within the City without providing compensation to its owner under the following conditions:

(1)

Sign erected without permit. In the event a sign shall be erected within the City without a permit, when such sign shall require a permit, the City is authorized to remove said sign and to store and dispose of the same in accordance with the procedural requirements of this Code.

(2)

Unlawful sign. Should a sign be installed, erected, constructed or maintained in violation of any of the terms of this Code, the City shall give written notice to the owner, lessee or person responsible for said sign, ordering that the sign be altered so as to comply with this Code or to remove the sign.

(3)

Destroyed or dismantled sign. A sign which has been allowed to remain in place as non-conforming shall be removed if the sign, or a substantial part (sixty (60) percent or more) of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matter on the sign.

(4)

Abandoned or discontinued business. On or after the first anniversary of the date the business, person or activity that a sign identifies or advertises ceases to operate on the premises on which the sign or sign structure is located, the City may require the removal of said sign and sign structure, provided, however, that if said premises is leased, the City may require removal of said sign and sign structure on or after the second anniversary of the date the most recent tenant ceases to operate on the premises.

E.

Removal required with compensation to owner. In addition to the circumstances described in subsection (D) above in which the City may require removal of a sign without providing compensation to its owner, the City is authorized to require the removal of a nonconforming sign within the City if compensation is provided as follows:

(1)

The compensation is an amount computed by a board of sign control by determining a reasonable balance between the original cost of the sign, less depreciation, and the current replacement cost of the sign, less an adjustment for the present age and condition of the sign.

(2)

Said board of sign control shall be composed of the following members, each appointed by the City Council for a period of two (2) years:

a)

Two (2) real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program;

b)

One (1) person engaged in the sign business in the municipality;

c)

One (1) employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and

d)

One (1) architect or landscape architect licensed by the State of Texas.

(3)

Compensation may be provided either by:

a)

Abatement of City of Bellaire property taxes that would otherwise be owed on any real or personal property, except residential property, by the owner of the sign; or

b)

Cash.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)

Applications for variances and special exceptions from the terms and provisions of this article shall be heard by the board of adjustment pursuant to the provisions of Article VII of this chapter. In addition to the provisions of Article VII, Division 2, providing requirements and procedures for the granting of special exceptions, the board of adjustment may further grant a special exception from the terms and provisions of this article for the following:

(1)

If strict adherence to such terms and provisions would result in a sign that is hidden or obscured from a person's field of vision when in a motor vehicle approaching and/or passing the street frontage of the property upon which the sign is located, or

(2)

The allowance and use of electronic message display sign by an institution located within a residential zoned district. In any special exception granted by the Board of Adjustment pursuant to this subsection, the Board of Adjustment shall include hours of operation and any other conditions the Board of Adjustment may deem appropriate in accordance with Section 24-721.

(Ord. No. 11-059, § 2(Exh. A), 8-1-2011)