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Galveston City Zoning Code

ARTICLE 5

- SIGNS

SEC. 5.101 - TITLE

This Article is cited as the Sign Regulations.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.102 - PURPOSE

A.

This Article regulates the construction, erection, or establishment of signs in order to:

1.

Allow signs that provide speech and opinions, information, and direction;

2.

Accommodate the needs of business and industry;

3.

Complement the character of the zoning districts' land uses;

4.

Preserve the character of residential neighborhoods;

5.

Preserve order and cleanliness;

6.

Reduce the traffic hazard caused by distractions to motorists and impairment of sight lines;

7.

Limit administrative burdens;

8.

Protect the health, safety, welfare, morals, convenience and comfort of the public; and

9.

Implement the City of Galveston 2011 Comprehensive Plan and any adopted neighborhood or special area plans.

B.

This Section regulates only the sign structure or copy design, not the sign's content. The city finds that the type, size, dimensions, setbacks, and physical design of signs permitted by this Article protect the city's interests in traffic safety, community character, and aesthetics, while allowing adequate visibility, conspicuity, legibility, readability, and pedestrian or motorist reaction time for signs.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.103 - APPLICABILITY

A.

Limited Use Standards. This Article applies to any sign, as defined in Division 5.200 of this Article.

B.

Geographic Area. This Article applies within the municipal boundaries of the City. This Article also applies to off-premise signs within the City's ETJ as provided in Chapter 216 of the Texas Local Government Code.

C.

Prohibitions.

1.

It is unlawful for any person to erect, operate, or otherwise use any sign at a time, place, or manner that is prohibited by this Article.

2.

It is unlawful for any person to erect, operate, or otherwise use any sign without first obtaining an approved sign permit.

D.

Compliance with State or Federal Law. In the event of a conflict between this Article and state or federal law, the state or federal law prevails.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.104 - MESSAGE NEUTRALITY

Notwithstanding any other provision of this Article, no sign is subject to any limitation based on the content of the message contained on the sign. Any sign authorized in these regulations may contain any non-commercial copy in lieu of any other copy.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.105 - EXCEPTIONS

A.

Limited Use Standards. Owners of signs, which do not strictly comply with the terms of this chapter, may seek an approval as a variance from the Zoning Board of Adjustment. In certain instances, applicants may wish to request a sign variance to obtain relief from the requirements of the Zoning Ordinances' sign regulations; however, a variance may not be granted to increase the number of permitted sign types. Sign variances related to sign area and height is limited to a 5 percent increase in area or height; any increase above 5 percent shall be considered a legislative act. Sign variances should only be granted when there is a hardship related to the character of the property.

B.

Proof of Permitting. The following signs do not require an approved sign permit provided they meet the sign standards provided herein.

1.

Re-facing of an existing sign provided no increase occurs with respect to either the area of any such sign or the manner in which it is structurally supported;

2.

Vehicle sign;

3.

Name plates;

4.

Symbolic flags (national, state, political subdivisions, etc.) and business or institutional flags not to exceed one business flag per establishment pursuant to:

a.

Maximum of three flagpoles per lot with two flags per pole;

5.

Weather or bait flags;

6.

Real estate signs;

7.

Window signs;

8.

Temporary decorative flags and bunting for convention and commemorations;

9.

Warning or security signs;

10.

Directional signs on-site;

11.

Traffic directional or informational signs erected by a government agency;

12.

Vertical banners provided it meets the criteria listed in §5.420;

13.

Political sign (per state law);

14.

Political campaign sign (per Campaign Election Code);

15.

A-Frame or sandwich board sign on private property;

16.

Government signs on public property;

17.

Murals or art representation provided it meets the criteria listed in §5.411;

18.

Signage related to special events as defined by Article II, Section 6 of the Galveston City Code; however this exception does not include private businesses that have temporary signage for sales and promotional events during a special event which requires a temporary sign permit; and,

19.

Beach vendors that do not set up permanently shall be exempt from the sign regulations contained herein provided that no sign displayed exceeds 20 sq. ft. For the purpose of this provision, "permanently" means vendors that remain stationary for more than 24 hours.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.106 - SIGNS IN HISTORIC DISTRICTS, NEIGHBORHOOD CONSERVATION DISTRICTS, AND PRESERVATION OF HISTORIC SIGNAGE

A.

Limited Use Standards. All signs within a designated HZD or NCD Districts shall conform to the Design Standards for Historic Properties or appropriate Neighborhood Conservation Plan and if applicable, must obtain a permit prior to installation.

B.

Permits for approved signs must be obtained from the Development Services Department.

C.

Existing historic signage as determined by the Historic Preservation Officer (HPO) shall be preserved.

1.

Historically significant painted wall signs shall be retained when possible.

2.

Mounted signs announcing the name of a business no longer in existence at the sign's location and having historical significance may be salvaged and relocated.

3.

Historic signage shall not be calculated as part of the overall signage permitted pursuant to Article 5 of these Land Development Regulations.

4.

Historically significant signs shall be exempt from compliance with Section 5.303, Sign Maintenance, subsection A. 4.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.107 - SIGNS IN COMMERCIAL (C), HEAVY INDUSTRIAL (HI), AND LIGHT INDUSTRIAL (LI) DISTRICTS

Table 5.107
Signs in Commercial (C), Heavy Industrial (HI), and Light Industrial (LI) Districts
Sign typeMax. #
of signs
Max.
Square
foot area
Max.
height
PlacementIlluminationStandard
Attached Signs:
1. Limited to 3 attached sign types per business, not to exceed 500 cumulative square feet sign area.
2. Within Heavy and Light Industry (HI & LI) zones, a building located a distance greater than 500 feet to the nearest right of way, may increase the square footage allotment of a flat/wall sign/ canopy by 20% for each 100 feet of additional distance to said right of way non-compounded.
Flat/Wall sign/Canopy 4 200 square feet n/a Facing a street right-of-way Internal, External, Cumulative area calculated for all signs. (Sec 5.423)
Under-Canopy 1 24 square feet n/a n/a Internal, External, Minimum 7.5 feet clearance above grade. (Sec 5.419)
Projecting 1 200 square feet n/a On site, may extend over right-of-way Internal, External, May project up to 4 feet from building. (Sec 5.414)
Marquee 1 per street frontage 200 square feet n/a On site, may extend over right-of-way Internal, External, (Sec 5.410)
Detached Signs
1. Limited to 1 Monument, Pylon or Pole sign type per site. If site has two street frontages, a least one sign must be monument.
2. Properties east of 59th Street, north of Seawall Boulevard, south of Harborside Drive to and Including Ferry Road are limited to monument only (not applicable to properties fronting Seawall Boulevard or Harborside Drive).
Pole 1 per street frontage. 200 square feet 50 feet On site Internal, External, Along Broadway/I-45 from base of Causeway to west of 59 th Street and/or adjacent to elevated roadways.
Monument 1 per street frontage. 200 square feet 12 feet On site Internal, External, Sign base width measures at least 75 percent of the width of the sign.
Pylon 1 per street frontage. 200 square feet 20 feet On site Internal, External, Sign base measures less than 75 percent of the width of the sign, but not less than 25 percent.
Subdivision 2 per intersection 150 square feet 12 feet Reserve area Internal,
External
(Sec 5.416)
Directional/Inform-
ational
(on-site)
n/a 6 square feet 8 feet On site Internal, External Giving directions to motorists regarding parking and access drives.
Directional (off-site) 2 per business 4 square feet (1' × 4') 8 feet Within 1,000 feet External Internal (Sec 5.408)
A Frame, Sandwich Board or Easel 1 per site 6 square feet 4 feet On site None Displayed during business hours only. Wood, aluminum or metal only. Free of attachments.

 

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 22-019, § 2, 4-28-22)

SEC. 5.108 - SIGNS IN RESORT/RECREATION (RES/REC) DISTRICT

Table 5.108
Signs in Resort/Recreation (Res/Rec) District
Sign typeMax. #
of signs
Max.
Square
foot area
Max.
height
PlacementIlluminationStandard
Attached Signs:
1. Limited to 3 attached sign types per business, not to exceed 324 cumulative square feet sign area.
Flat/Wall sign/Canopy 4 100 square feet n/a Facing a street right-of-way Internal, External, Cumulative area calculated for all signs. (Sec 5.423)
Under-Canopy 1 24 square feet n/a n/a Internal, External, Minimum 7.5 feet clearance above grade. (Sec 5.419)
Projecting 1 48 square feet n/a On site, may extend over right-of-way Internal, External, May project up to 4 feet from building. (Sec 5.414)
Marquee 1 per street frontage 100 square feet n/a On site, may extend over right-of-way Internal, External (Sec 5.410)
Detached Signs
1. Limited to 1 Monument, Pylon or Pole sign type per site. If site has two street frontages, a least one sign must be monument.
2. Properties east of 59th Street, north of Seawall Boulevard, south of Harborside Drive to and Including Ferry Road are limited to monument only (not applicable to properties fronting Seawall Boulevard and Harborside Drive).
Pole 1 per street frontage. 200 square feet 50 feet On site Internal, External, Along Broadway/I-45 from base of Causeway to west of 59 th Street and/or adjacent to elevated roadways.
Monument 1 per street frontage. 200 square feet 12 feet On site Internal, External, Sign base width measures at least 75 percent of the width of the sign.
Pylon 1 per street frontage. 200 square feet 20 feet On site Internal, External, Sign base measures less than 75 percent of the width of the sign, but not less than 25 percent.
Subdivision 2 per intersection 150 square feet 12 feet Reserve area Internal, External (Sec 5.416)
Directional/Inform-
ational
(on-site)
n/a 6 square feet 8 feet On Site Internal, External Giving directions to motorists regarding parking and access drives.
Directional (off-site) 2 per business 4 square feet (1' × 4') 8 feet Within 1,000' External (Sec 5.408)
A Frame, Sandwich Board or Easel 1 per site 6 square feet 4 feet On site None Displayed during business hours only. Wood, aluminum or metal only. Free of any attachments.

 

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.109 - SIGNS IN CENTRAL BUSINESS (CB), URBAN NEIGHBORHOOD (UN), NEIGHBORHOOD SERVICES (NS), AND TRADITIONAL NEIGHBORHOOD (TN) DISTRICTS

Table 5.109
Signs in Central Business (CB), Urban Neighborhood (UN) and Traditional Neighborhood (TN) Districts
Sign typeMax. #
of signs
Max.
Square
foot area
Max.
height
PlacementIlluminationStandard
Attached Signs.
1. Internal illumination limited to one sign type.
2. Single Tenant Properties located in the Central Business (CB) District with a minimum square footage of 10,000, shall be subject to Section 5.107, Signs in Commercial (C), Heavy Industrial (HI), and Light Industrial (LI) Districts. For those properties located within the Strand/Mechanic Historic District, any signage over the allotments in Section 5.109 shall be subject to review and approval by the Landmark Commission.
3. For the Urban Neighborhood (UN) zoning district, the signage allotments in this table shall be for commercial properties only.
Flat/Wall sign/Canopy 1 20 square feet 40 square feet (UN only) n/a Facing a street right-of-way External (Sec 5.423)
Under-Canopy 1 24 square feet n/a n/a External Minimum 7.5 feet clearance above grade. (Sec 5.419)
Projecting 1 48 square feet n/a On site, may extend over right-of-way External May project up to 4 feet from building. (Sec 5.414)
Detached Signs
1. Properties east of 59th Street, north of Seawall Boulevard, south of Harborside Drive to and including Ferry Road are limited to monument only (not applicable to properties fronting Seawall Boulevard or Harborside Drive).
2. Single Tenant Properties located in the Central Business (CB) District with a minimum square footage of 10,000, shall be subject to Section 5.107, Signs in Commercial (C), Heavy Industrial (HI), and Light Industrial (LI) Districts. For those properties located within the Strand/Mechanic Historic District, any signage over the allotments in Section 5.109 shall be subject to review and approval by the Landmark Commission.
3. For the Urban Neighborhood (UN) zoning district, the signage allotments in this table shall be for commercial properties only.
Monument 1 per street frontage. 60 square feet 6 feet On site Internal, External Sign base width measures at least 75 percent of the width of the sign.
Subdivision 2 per intersection 150 square feet 12 feet Reserve area Internal, External (Sec 5.416)
Directional/Inform-
ational
(on-site)
n/a 6 square feet 8 feet On site Internal, external Giving directions to motorists regarding parking and access drives
A Frame, Sandwich Board or Easel 1 per site 6 square feet 4 feet On site None Displayed during business hours only. Wood, aluminum or metal only. Free of attachments.

 

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

SEC. 5.110 - SIGNS IN RESIDENTIAL SINGLE FAMILY (R-1), RESIDENTIAL GENERAL DUPLEX (R-2), RESIDENTIAL SINGLE FAMILY (R-3), AND RESIDENTIAL MULTIFAMILY (MF)

Table 5.110
Signs in Residential Single Family (R-1), Residential General Duplex (R-2), Residential Single Family (R-3), and Residential Multifamily (MF), Districts
Sign typeMax. #
of signs
Max.
Square
foot area
Max.
height
PlacementIlluminationStandard
Attached Signs
1. Signage for corner stores within R-3 shall be limited to 20 square feet maximum sign face and 15-foot max height.
2. Signage for churches in the R-1 zoning district shall comply with UN sign standards per Table 5.109.
Name Plate 1 2 square feet n/a Street frontage External Not to exceed 2 square feet
Detached Signs
Subdivision 2 per intersection 150 square feet 12 feet Reserve area Internal, External (Sec 5.416)

 

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 22-009, § 2, 3-24-22)

SEC. 5.201 - SIGN DEFINITIONS

1. Advertising Any sign, other than owner-identification sign that directs attention to a business; commodity; or service inclusive of pennants, banners, and streamers.
2. Attached A sign that is attached to a building wall, false wall, false roof, or other facade surface.
3. Awning A sign painted on, attached to, or constructed on a canopy or awning.
4. Back-to-Back A sign with directly opposite sign faces oriented in opposite directions, where both sides are not legible at the same time from any part of the street right-of-way. The maximum permitted angle of a back-to-back sign shall not exceed 30 degrees. A back-to-back sign constitutes one sign for purposes of this Article.
5. Banner (building) Any sign of lightweight fabric or similar material attached to a building and where the banner lies flat against the building surface at all times.
6. Banner (horizontal) Any sign of lightweight fabric or similar material attached at the top and bottom corner strung between buildings, poles, and/or light standards.
7. Banner (vertical) Any sign of lightweight fabric or similar material attached at the top and bottom to a pole or light standards by extensions from the pole.
8. Canopy A sign painted on, attached to, or constructed on a canopy or awning.
9. Digital A sign that displays moving images that are controlled by electronic communications, which allows the images to be turned on or off intermittently. A Digital Sign includes any illuminated sign on which the illumination is not kept stationary or constant in intensity and color when the sign is in use including any light emitting diode (LED) or digital panel and which varies in color or intensity. In the sign industry, digital signs are also referred to as dynamic signs, changeable electronic variable message signs (CEVMS), and electronic message centers (EMCs).
10. Directional, Off-Site An off-premise sign indicating the location of or directions to a business, church, community event, park, school, or other place of public assembly. The sign shall not include any information or message except the name of the business or activity or symbols or logos of the business and must have an arrow indicating the direction to the business or activity.
11. Directional/Informational, On-Site A sign located on the same premises as the business, giving directions to motorists and pedestrians regarding street, building or suite numbers, and the location of parking areas and access drives within a development.
12. Double-Faced A double-faced sign means two adjacent signs on a single structure or separate structures with both sign faces oriented in the same direction and not more than 10 feet apart at the nearest point between the two sign faces. A double-faced sign may be referred to as a side-by-side or stacked sign. A double-faced sign constitutes one sign for purposes of this Article.
13. Electronic A sign, display, or device that has a static message or copy that can be changed by programmable mechanical or electronic processes. An electronic sign does not include the use of flashing, intermittent, or moving light for the purposes of these regulations.
14. Flag A "flag sign" means any flag (other than a national or state flag) that is mounted on a pole, post, or other structure and that is used for advertising including any flag that contains or displays any written message, business name, pictorial representation, logo, corporate symbol, silhouette, or other visual representation identifying or advertising a particular business, good, service, or merchandise sold or available for sale on the premises where the flag is erected, displayed, or maintained. For purposes of this subsection, a "flag" means a piece of material or fabric, usually rectangular or triangular.
15. Flat Any sign, erected flush against an exterior wall, supported by the wall, and having the sign face parallel to the wall or painted directly onto a wall and does not extend more than 18 inches from a building surface.
16. Government A sign erected by government agencies or utilities, including traffic, utility, safety and identification signs for public facilities. Signs may be placed in the right-of-way.
17. Halo Lit A sign illuminated by concealing the light source behind three-dimensional opaque letters, numbers, or other characters of a sign, resulting in the nighttime perception of a halo around the silhouette of each sign character. This is also referred to as "reverse channel" or "reverse lit" illumination. A Halo Lit sign is not considered an internally illuminated sign.
18. Illuminated An artificial light source incorporated internally or externally to emanate light from or direct light to a sign's surface. Light sources may include exposed tubing, electrical bulbs, fluorescent lights, neon tubes, light emitting diodes (LED), liquid crystal displays (LCD), or other artificial sources of light. Any decorative lighting that is used expressly to advertise is considered Illumination.
19. Inflatable Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without a copy or other graphic.
20. Kite In general: A kite is a light framed object made with or covered with thin material, (typically cloth, paper or plastic), flown in the wind/air at the end of a long string.
21. Marquee A Sign affixed to a projecting structure which is attached to the exterior facade of a building above the building's entrance.
22. Monument A freestanding sign, the entire bottom of which is attached directly to the ground or is supported by a solid sign structure other than support poles that is a base whose width measures at least 75% of the width of the sign that is placed or anchored on the ground. Monument signs shall be constructed of the same materials, colors, and architectural style as buildings on the site.
23. Mural Art representation executed directly on a wall that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of a business or commercial text message.
24. Name Plate A wall sign not to exceed two square feet in order to identify the owner or occupant of a dwelling or building.
25. Obsolete Owner-identification signs or signs that advertise or otherwise direct attention to a product, service, activity, person, institution, or business that no longer occupies or is conducted, sold, manufactured, produced, or offered upon the premises; and, any abandoned or discontinued sign which is no longer being used or maintained for a period of six (6) months or longer. In determining whether a sign is obsolete, abandoned or discontinued, the following shall be considered: whether the sign identifies correct directions to, location of, or description of the goods or services available on the premises where the sign is located; whether utility service is being provided to the premises where the sign is located; the use of the premises where the sign is located; the condition of the sign; any other facts or circumstances which would indicate whether the owner of the sign has intentionally or voluntarily relinquished further use of the sign.
26. Off-Premise Any sign that pertains or directs attention to a business, product, service, activity, person, organization, institution, event, place, object, or location not located, manufactured, conducted, sold, or offered on the premises on which the sign is located and which was legally in existence prior to October 29, 1997.
27. On-Premise A sign identifying or advertising a business, person, or activity and is installed and maintained on the same premises as the business, person, or activity.
28. Pole Any sign that is wholly supported by one or more columns, uprights, posts, or braces in the ground and has no support to a building, canopy, or facade.
29. Political Campaign A sign relating to the election of a person to public office, a political party, a matter to be voted upon at an election called by a public body, or other political message as outlined in the Campaign Election Code.
30. Projecting A sign other than a flat sign, roof sign, or under canopy sign which projects more than 18 inches from the face of an exterior building wall or facade and which uses the building wall as its primary source of support.
31. Pylon A freestanding sign other than a pole sign that is supported by one or more columns surrounded by a decorative cover to form one solid sign support, extending from and permanently attached to the ground by a foundation or footing where the width of the sign structure measure less than 75 percent of the width of the sign but not less than 25 percent.
32. Residential Subdivision A monument sign that is located along or interior to an entry of a platted subdivision or multi-tenant building complex that is zoned or legally restricted for residential use or a mix of residential and supporting commercial uses. For purposes of this definition, the "entry" means a street intersection located at the perimeter of the subdivision.
33. Roof Any sign erected upon a roof or roof-mounted structure that is visible from grade level.
34. Sandwich Board A portable sign that is ordinarily in the shape of an "A" with back-to-back sign faces, an easel, or a similar configuration.
35. Sign Any device or structure that is intended to attract the attention of the public in order to promote the sale of a product, commodity, service and/or for identification.
36. Temporary A sign that directs attention to, but is not limited to, temporary events such as elections, promotional sales, grand openings, or special events. To comply with Texas and federal law, political signs are subject to Section 5.311 instead of this Section.
37. Tenant A freestanding sign that identifies tenants in a multi-tenant building or complex and which is located in the development for which it is advertising.
38. Under Canopy A sign that is suspended beneath a canopy, awning, or marquee and perpendicular to the building facade.
39. Wall Any sign erected flush against an exterior wall, supported by the wall, and having the sign face parallel to the wall or painted directly onto a wall and which does not extend more than 18 inches from a building surface.
40. Window Any items of information affixed in any manner to a window or exterior glass door such that is intended to be viewed from the exterior.
41. Vehicle Sign Any sign affixed to an operable vehicle currently registered as a motor vehicle, which is used in the normal course of business.

 

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 22-019, § 3, 4-28-22)

SEC. 5.301 - PROHIBITED SIGNS

The following signs are prohibited:

A.

Any sign that does not comply with the standards for that particular category of sign.

B.

Any sign that simulates lights customarily associated with those used by police, fire, ambulance, or similar emergency vehicles.

C.

Signs that by color, location, or design resemble or conflict with traffic control signs or signals.

D.

Signs that are attached or applied to trees, utility poles, trash receptacles, or any other unapproved supporting structure.

E.

Portable signs that are not securely fixed to an approved supporting structure. This subsection does not apply to Sandwich Boards.

F.

Off-premise signs (billboards), as provided in Section 5.406. Off-Premise Signs (Billboards).

G.

Rotating or flashing signs, unless allowed in Section 5.416. Rotating or Flashing Signs.

H.

Inflatable signs.

I.

The construction of new, off premise, or electronic signs within the City's ETJ (see Section 5.406.D.).

J.

Roof signs.

K.

A sign that uses the words "stop" or "danger" to imply the need or requirement for stopping or the existence of danger. This provision does not apply when the words are part of an attraction title for a theatre or similar event or purpose.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.302 - OBSOLETE SIGNS

A.

Obsolete signs shall be removed within six months after the use of the property is terminated or the business related to the sign is closed, at the owner's expense.

B.

If the obsolete sign is a pole sign, the entire pole structure shall be removed. However, if the sign is a monument or wall sign, only the sign face is required to be removed or covered.

C.

If the sign is not removed within six months, the City may remove the sign and place a lien on the property for the cost incurred including but not limited to labor and materials for removing the sign.

D.

Signs associated with businesses that are normally open only on a seasonal basis are not considered obsolete, if the business owner establishes a clear intent to continue operation of the business within nine months.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.303 - SIGN MAINTENANCE

A.

All signs, together with all their supports, braces and anchors, shall be maintained in good condition and repair. Conditions noting neglect, deterioration or dilapidation of signs shall include but not be limited to:

1.

Rust or holes on or in the sign or sign structure;

2.

Missing sign copy or missing letters;

3.

Cracked, broken, missing, loose or bent parts;

4.

Faded, peeling, or chipped paint; and,

5.

Non-operative or partially non-operative illuminating or mechanical devices.

B.

Upon notification by the Development Services Department, signs that are neglected, deteriorated, or dilapidated shall be repaired, replaced, or removed within thirty (30) days.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.401 - GENERALLY

A.

Limited Use Standards. This Division establishes standards for signs by location or by sign type.

B.

Specific Use Standards. This Division establishes an overall allocation of sign number and area by zoning district for three major categories: attached signs, detached signs, and temporary signs. Additional sign area, setback, dimensional, and performance standards are established for individual sign types. This system provides flexibility for persons and businesses who display signs, avoids sign distinctions that depend on a sign's message, and reduces potential traffic hazards and clutter.

C.

Design Requirements. Sign materials shall be designed to complement the original construction materials and architectural style of the building facade to promote an overall unified and aesthetic effect as permitted in the various zoning districts. Banner, paper and fabric, and corrugated plastic signs shall not be permitted as an acceptable permanent sign material.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.402 - SIGNS ON PUBLIC PROPERTY

A.

Limited Use Standards. It is unlawful for any person to erect, attach, keep, have, or maintain any building or structure beyond the property line thereof; on any awning, shed, or the supports thereof; across any part of any sidewalk, street, or public rights-of-way within the limits of the City; or any sign, streamer, advertisement, or banner without first obtaining a sign permit that also addresses liability and indemnification of the City.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.403 - ATTACHED SIGNS

A.

Attached Signs.

1.

Canopy signs or awning

2.

Marquee

3.

Memorial plaques

4.

Name plates

5.

Roof

6.

Under-Canopy

7.

Wall signs (Flat)

8.

Projecting

9.

Window signs

10.

Vehicle sign

B.

Number and Area Requirements. The maximum cumulative number and area of attached signs for any lot or parcel within a zoning district are identified in Table 5.107 through 5.110. Individual signs are subject to the requirements of this Article.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.404 - DETACHED SIGNS

A.

Detached Signs.

1.

Pole

2.

Monument

3.

Pylon

4.

Directional

5.

A-frame or sandwich board

6.

Residential

7.

Real estate sign

8.

Tenant sign

B.

Number and Area Requirements. The maximum cumulative number and area of detached signs for any lot or parcel within a zoning district are identified in Table 5.107 through 5.110. Individual signs are subject to the requirements of this Article.

C.

Location. Properties east of 59th Street, north of Seawall Boulevard, south of Harborside Drive to and including Ferry Road are limited to monument only (not applicable to properties fronting Seawall Boulevard or Harborside Drive).

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.405 - MEASUREMENT STANDARDS

A.

Area. The sign area is defined as the rectangular enclosure of all parts of the sign other than structural supports. The sign area of a three-dimensional object shall be calculated by multiplying the length by the width by the height of the three vertical faces of the smallest cube or rectangular box which encompasses the three dimensional object. Sign area is measured in square feet (sf).

B.

Height. The height of a freestanding sign is measured from the base of the sign or supportive structure at its point of attachment to the ground to the highest point of the sign. A freestanding sign on a manufactured base including a graded earth mound and is measured from the grade of the nearest pavement or top of any pavement curb.

C.

Clearance. Clearance for freestanding and projecting signs is measured as the smallest vertical distance between finished grade and the lowest point of the sign including any framework or other embellishments.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.406 - OFF-PREMISE SIGNS (BILLBOARDS)

A.

Applicability.

1.

This Section applies to any existing Off-Premise Sign. New Off-Premise signs are not allowed.

2.

An Off-Premise Sign means any sign that pertains or directs attention to a business, product, service, activity, person, organization, institution, event, place, object, or location not located, manufactured, conducted, sold, or offered on the premises on which the sign is located, and which was legally in existence prior to October 29, 1997.

B.

Proof of Permitting.

1.

Sign permits or sign repair permits required by this Section are processed as provided in Article 13, Permits and Procedures.

2.

If the off-premise sign owner disagrees with the director's decision relating to issuance of a sign permit, the off-premise sign owner may notify the Director of Development Services of the off-premise sign owner's desire to appeal the determination to City Council. The notice of appeal must be filed with the director no later than the 60 th day after the date of the decision.

C.

Registration.

1.

This subsection takes effect:

a.

After November 28 th , 1997; and

b.

Within annexed territory, the effective date of any annexation to the City.

2.

Owners of all off-premise signs situated in any location in the municipal boundaries shall annually register each off-premise sign with the Building Official as follows:

a.

The sign owner shall file information as to the location, height, and area of each off-premise sign.

b.

The sign owner shall file the registration within 30 days after the date listed above. The Building Official shall review the registration forms. Within five days after a registration form is filed, the Building Official shall review the form and notify the sign owner if it is incomplete. Within 20 days after notification that a form is incomplete, the sign owner shall correct any deficiencies and file a complete sign registration form.

c.

If a complete registration form is not filed within the time limits set out above, the sign is considered an obsolete sign and shall be removed as provided in Section 5.302. Obsolete Signs.

d.

The sign owner shall keep the registration current.

e.

The sign owner shall file a new registration for each off-premise sign within 30 days after it is demolished or torn down.

f.

The applicant shall maintain copies of all complete registration forms as provided in this subsection. If the applicant cannot provide a copy of a complete registration form, the off-premise sign is presumed to have not been timely registered and is considered an obsolete sign.

3.

The City shall not issue sign permits for the construction of new off-Premise signs.

4.

The City may issue repair permits for legally registered off-premise signs (see 5.406.E).

5.

An off-premise sign repair permit is valid for 12 months unless sooner revoked or canceled.

6.

If an off-premise sign owner wishes to transfer a sign permit to another person or entity, the off-premise sign owner shall notify the director in writing. The director shall void the original off-premise sign permit and issue a new sign permit to the new owner. No transfer is valid until accepted and reissued by the Development Services Department.

D.

Extraterritorial Jurisdiction (ETJ).

1.

The construction of new, off-premise signs or the conversion of an existing sign to an electronic sign, except as may be provided in this Section, within the City and its ETJ is prohibited. The City will not issue sign permits for these signs.

2.

The conversion of an on-premise sign to an off-premise sign and the replacement or repair of existing off-premise signs or electronic signs within the City's ETJ is prohibited. The City will not issue sign or repair permits for such conversion, replacement, or repair.

3.

The extent of a municipality's ETJ is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:

a.

Within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants;

b.

Within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants;

c.

Within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants;

d.

Within three and one-half miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or

e.

Within five miles of those boundaries, in the case of a municipality with 100,000 of more inhabitants.

4.

Regardless of 5.406.D.3, the ETJ of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:

a.

Within 5 miles of those boundaries on a barrier island; or

b.

Within one-half mile of those boundaries off a barrier island.

5.

5.406.D.4 applies to a municipality that has:

a.

A population of 2,000 or more; and

b.

The territory is located:

i.

Entirely on a barrier island in the Gulf of Mexico; and

ii.

Within 30 miles of an international border.

6.

Regardless of 5.406.D.3 the ETJ of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within three miles of those boundaries if the municipality:

a.

Has a population of not less than 20,000 or more than 29,000; and

b.

Is located in a county that has a population of 45,000 or more and borders the Trinity River.

E.

Site Provisions for Legally Nonconforming Off-Premise Signs.

1.

Repair/Enlargement. A lawfully existing off-premise sign may be repaired at the same location but shall not be enlarged in area or height. A repaired off-premise sign shall not exceed the smaller of the following, excluding cutout extensions and apron trip without copy,:

a.

The area and height of the original off-premise sign; or

b.

14 feet by 48 feet.

2.

Relocation Prohibited. An off-premise sign may not be relocated.

3.

Height:

a.

Off-premise signs shall not exceed a maximum height of 40 feet.

b.

The height shall be measured from the crown of the adjacent roadway to which the off-premise sign is oriented.

4.

Setbacks.

a.

Any part of a repaired off-premise sign or its supporting structure shall be located at least 10 feet from the rights-of-way of the street to which it is oriented.

b.

As used in this subsection only, "street" does not include alleys.

5.

Conversion to Electronic Signs. Any Off-Premise sign that is permitted to be repaired within the City through the provisions of this Section may not be converted to, or built as, an electronic sign.

F.

Illumination. It is unlawful for any person to erect, operate, or otherwise use any off-premise sign which displays intermittent lights.

G.

Motion. Off-premise signs shall not revolve or rotate in whole or in part.

H.

Maintenance.

1.

Off-premise sign owners shall maintain all signs in good appearance and safe structural condition.

2.

Off-premise sign owners shall keep the general vicinity of any sign free and clear of sign materials, weeds, debris, trash, and litter.

3.

Off-premise sign owners shall conduct maintenance, replacement of sign copy, or structural repairs in a manner that will prevent debris and litter from drifting or being blown onto adjacent properties.

4.

Off-premise signs that fail to maintain copy for a period of one year are treated as obsolete signs (see 5.302).

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.407 - ILLUMINATION, DIGITAL, AND ELECTRONIC SIGNS

A.

Limited Use Standards.Sections 5.107 through Section 5.110 indicate whether illumination of a sign is allowed, and the type of illumination allowed.

B.

Prohibitions. An illuminated sign shall not:

1.

Be illuminated by flashing, intermittent, or moving lights;

2.

Contain or display animated, moving video, or scrolling advertising;

3.

Consist of a static image projected upon a stationary object; or

4.

Be a mobile sign located on a truck, boat, or trailer.

C.

Digital Signs. Digital signs shall conform to the following standards:

1.

Location. Subject to State and Federal laws, digital signs are only permitted in the following areas:

a.

Seawall Boulevard from 25th Street west to the end of Seawall Boulevard (103rd Street);

b.

61st Street from Heards Lane (Ave P ½) south to Seawall Boulevard; and,

c.

North and south sides of Harborside Drive from Interstate 45 (I-45) to 25th Street.

2.

Message Changes.

a.

Each message on a digital sign shall be displayed for at least eight seconds.

b.

A change of message shall be accomplished within two seconds.

c.

A change of message must occur simultaneously on the entire sign face.

3.

Safety. Digital signs must:

a.

Contain a default mechanism that freezes the sign in one position if a malfunction occurs; and

b.

Automatically adjust the intensity of its display according to natural ambient light conditions.

4.

Owner responsibilities. The sign owner shall provide contact information to the Director of Development Services for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs.

5.

Brightness. Digital sign light intensity shall not exceed 0.3 foot-candles above ambient light conditions.

6.

Time Period for Compliance. A digital sign in existence on the effective date of these regulations (March 5, 2015) shall fully comply with Section 5.407 Illumination Digital and Electronic Signs within three years of the effective date. The digital sign's owner may appeal to the Zoning Board of Adjustment to allow an extension of this time period. The Zoning Board of Adjustment may extend this period if the owner demonstrates that it has not recouped its investment in the digital sign features of the sign.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.408 - DIRECTIONAL OFF-SITE SIGN

A.

Limited Use Standards.

1.

Shall not exceed an area of 4 square feet (1 foot in height by 4 feet in width) for each business.

2.

Shall not exceed a height of 8 feet.

3.

Shall be designed with black letters and white background, white letters with blue background, or white letters with brown background.

4.

Lettering shall be a simple block font.

5.

Shall include the name, symbol, or logo of a business and an arrow indicating the direction.

6.

Each establishment is allowed two signs each to be located on different sites.

7.

The anchor site shall be allowed a maximum of four directional signs not to exceed 16 square feet of area.

8.

The property owner for a sign location must give written permission in the application for the usage of the property. The applicant must present the written permission at the time of permitting.

9.

The light from any illuminated sign shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.

B.

Placement.

1.

The sign face shall be located within 1,000 feet of the subject's business.

2.

The sign face shall not be the principal or sole use of land on the parcel where the directional off-site sign is proposed to be displayed.

3.

When detached, the sign face shall be placed on detached signage as a tenant sign.

4.

When attached, the sign face shall be placed on a building as a wall sign.

5.

There shall be no more than one sign face, attached or detached, per direction of facing.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.409 - KITE SIGNS

Kites may be permitted if displayed for promotional reasons on a temporary basis. The maximum duration for the display of kites is two weeks, and no more than four permits a year for a display from any one site will be granted. Exempt from this standard shall be any business that derives 50% or greater of its revenues from the sale of kites. Also exempt, any beach concessionaire south of the Seawall or south of the south toe of the dune line.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.410 - MARQUEE SIGNS

A.

Limited Use Standards.

1.

Shall be located on the primary facade and over the main entrance.

2.

Shall maintain a minimum clearance of 10 feet above grade.

3.

Shall not exceed 50 percent of the area of the Marquee fascia and shall not extend above the Marquee to a height in excess of the depth of the Marquee fascia.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.411 - MURALS

A.

Standards

1.

Shall not include any owner identification or commercial text message; however, it may contain graphics or images that relates to the products or services offered on the premises where the mural is located.

a.

Murals or art representation displaying any owner identification or commercial text message will be considered as a "flat/wall sign."

2.

Shall not depict nudity or obscene images.

3.

Materials utilized in painting a mural shall have proven durability and shall be maintained or removed if not maintained.

B.

Murals or art representation in a historic district shall comply with the Design Standards for Historic Properties.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.412 - NAME PLATES

a.

Permits. Name plates meeting the regulations of this Section do not require a permit.

b.

Location. For those properties located east of 103 rd Street, the name plate shall be attached to the face of the structure and not located on a fence, railing, or stairs. The name plate shall be placed no higher on the structure than the first finished floor.

c.

Size. The name plate shall not exceed a size of two square feet.

(Ord. No. 19-052, § 2, 9-19-19)

SEC. 5.413 - POLITICAL CAMPAIGN SIGNS

A.

Permits. Political signs meeting the regulations of this Section do not require a permit through the Department of Planning.

B.

Location. Political signs may be placed on private property with the permission of the owner or in the City right-of-way, adjacent to such private property, or at a polling location up to 90 days before an election. Political signs within the rights-of-way must be removed within 10 days after an election.

C.

Intersection Visibility. All political signs shall conform to the requirements of the City Code.

D.

Size and Illumination.

1.

To be exempt from the sign permit requirement, political signs may not have:

a.

An effective area greater than 36 square feet;

b.

A height greater than 8 feet;

c.

Illumination; and

d.

Any moving elements.

2.

Political signs that are not exempt must obtain a sign permit as provided in the Election Code.

E.

Fences. Political signs may be placed on fences if the fence is privately owned and is located on private property.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— Ord. No. 19-052, § 2, adopted Sept. 19, 2019, renumbered §§ 5.412—5.424 as §§ 5.413—5.425.

SEC. 5.414 - PROJECTING SIGNS

A.

Limited Use Standards

1.

Shall be located along the street frontage of which the business is addressed.

2.

May substitute for a wall sign.

3.

Shall not project above the roof-line or parapet of a building in excess of four feet. The amount of projection from the face of the building shall not exceed four feet.

4.

May encroach into the City right-of-way.

5.

Must maintain a minimum 7.5 foot clearance from grade.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.415 - REAL ESTATE SIGNS

A.

Proof of Permitting. Real Estate signs meeting the regulations of this Section do not require a sign permit.

B.

Location. Real Estate signs shall be placed on private property with the permission of the owner.

C.

Maximum Number, Size, and Height.

1.

One per street frontage.

2.

In Residential zoning districts, real estate signs shall not exceed a maximum of 8 square feet.

3.

In all other Zoning Districts, real estate signs permitted up to 32 square feet.

D.

Standards.

1.

Shall be used for advertising real estate for sale or lease.

2.

Shall be used for announcing contemplated improvements of real estate.

3.

Shall be non-illuminated.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.416 - RESIDENTIAL SUBDIVISION SIGNS

A.

Location.

1.

Generally. Each sign must be located:

a.

On a landscape or open space area that is maintained by a homeowners' association; or

b.

In accordance with a License to Use or other permissive approval (such as a license issued by the Texas Department of Transportation) within the public right-of-way.

2.

Intersection. The sign shall be located at least 25 feet from an intersection.

B.

Maximum Number, Size, & Height.

1.

Are limited to two signs per street intersection.

2.

May not exceed 150 cumulative square feet.

3.

Shall not exceed 12 feet in height.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.417 - ROTATING OR FLASHING SIGNS

A.

Generally. Except as specifically listed in this Section, rotating or flashing signs are prohibited.

B.

Distance from Intersections or Street Right of Ways.

1.

Flashing signs are prohibited:

a.

Within 300 feet of any street intersection; or

b.

Within 50 feet of any street right-of-way.

2.

This prohibition does not apply if the State of Texas grants a variance from the standard listed in subsection 1 above for a state highway.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.418 - SANDWICH BOARDS

A.

Generally. The requirements for sandwich boards are as follows:

1.

Timing: Sandwich Boards may be displayed during business hours only.

2.

Design: The sign frame shall be painted/stained wood, anodized aluminum or metal only. Stenciled or spray painted signs are prohibited. Windblown devices, including balloons, may not be attached to or otherwise made part of the sign.

3.

Right-of-Way: No part of a Sandwich Board sign shall encroach into a street rights-of-way unless a License to Use is secured for such placement.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

SEC. 5.419 - SIGNS UNDER CANOPIES, AWNINGS, OR MARQUEES

A.

Limited Use Standards.

1.

Are limited to one sign per business.

2.

May not exceed 24 square feet.

3.

Shall maintain a clearance of 7.5 feet from grade.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.420 - TEMPORARY SIGNS

A.

Area and Number.

1.

One per site business.

2.

Allowed an area of 40 square feet.

3.

This Section does not apply to Real Estate signs or signs required by law.

B.

Location. Temporary signs shall be mounted on a building or windows of the building.

C.

Duration.

1.

Temporary signs are allowed for a maximum 84 days during a calendar year.

2.

Temporary signs are allowed for a maximum of 30 days before and 30 days after the temporary event to which they relate.

D.

Special Events. Signs for special events are subject Chapter 6, Article II of the City Code. These signs must be located on site, unless permitted on City property pursuant to Chapter 6. Article II.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.421 - VERTICAL BANNERS

A.

Purpose and Intent. In order to provide a means to promote pride in the community, community activities, and programs important to the City's image, economic interest, and organizations serving the community, banner signs or pennants may be attached or applied to metal utility or light poles in the City's right-of-way.

B.

Applicability.

1.

This Section applies to vertical banners in the City's right-of-way. A vertical banner means any sign of lightweight fabric or similar material attached at the top and bottom to a pole or light standards by extensions from the pole.

2.

These regulations do not apply to individual businesses or activities not provided for within whom seek to use pole banners for off-premise advertising which is prohibited within the City.

C.

Eligibility

1.

Public Institutions:

a.

Governmental facilities;

b.

Medical institutions; and

c.

Educational institutions.

2.

Attractions receiving a minimum of 25,000 visitors annually that also fall within one of the following descriptions:

a.

Nonprofit museums;

b.

Nonprofit theaters;

c.

Nonprofit governmental visitor information bureaus;

d.

Convention centers; and

e.

Theme parks.

3.

Special events or festivals located within the City.

4.

Historic Downtown Strand Partnership, or its successor, per Ordinance 99-11.

5.

Neighborhood associations, business associations, and non-profit organizations representing special improvement zones within the City including but not limited to: Tax Increment Reinvestment Zones, Municipal Utility Districts, and Public Improvement Districts.

D.

Banner Specifications.

Location. Permanent vertical banners located on arterial and collector roadways as established in the Galveston Thoroughfare Plan.

1.

Banners must be installed so that they hang no lower than 16 feet above street level. Banner dimensions shall not exceed 36 inches wide by 72 inches in length.

2.

A maximum of two (2) banners permitted per pole.

3.

Banners shall not be placed closer than 200 feet from other banners.

5.

Banners shall be of professional quality and may not utilize fluorescent colors in the design;

6.

When placed on a private utility pole, authorization is required by the pole owner.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.422 - VEHICLE SIGNS

A.

Standards.

1.

Signs on parked vehicles or other mobile units shall not be used as off-premise signs.

2.

It shall be unlawful to park, place or store a vehicle on public rights-of-way or private property when the primary purpose of the vehicle or mobile unit is to advertise a business or activity.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.423 - WALL SIGNS

A.

Limited Use Standards.

1.

Wall signs shall be located along the street frontage in which the permitted sign area is based.

2.

For property with a lot line adjoining a waterfront, one permitted wall sign may be oriented to the waterfront in addition to the front property line.

3.

If more than two wall signs are allowed in a zoning district, two permitted for each street frontage may be located on a side or rear wall of a building that is oriented to a common side lot line. This subsection does not apply to a common side lot line that faces a residential use or zoning district.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.424 - WEATHER OR BAIT FLAGS

A.

Limited Use Standards

1.

Provides information on weather conditions or type of bait available on premises.

2.

May display one flag for each weather condition.

3.

May display one flag for each available bait type.

4.

Each flag shall not exceed 4 square feet in area.

5.

Each flag shall be placed within premises and shall not extend beyond the private property.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.425 - WINDOW SIGNS

A.

Proof of Permitting. A sign permit is not required to install a window sign.

B.

Limited Use Standards.

1.

A window sign shall not exceed in coverage 30 percent of the total window area visible from the public street to which it faces.

2.

No fluorescent colors are permitted for interior banners in the historic districts.

3.

Tubular light is permitted only in the CB district and may not exceed 4 square feet when directed towards rights-of-way traffic. No intermittent or flashing lights are permitted.

4.

An interior sign shall not include intermittent or flashing lights, and any illumination that is visible from the public rights of way is subject to Article 7, Outdoor Lighting.

5.

Multi-story buildings my contain signage on ground floor windows only.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-052, § 2, 9-19-19)

Editor's note— See the editor's note for § 5.413.

SEC. 5.501 - NONCONFORMING SIGNS

A.

Limited Use Standards. Any sign located within the municipal boundaries on the effective date of these regulations that does not conform to the provisions of Article 5, Signs, or other applicable requirements or standards of these regulations, shall be considered a legal nonconforming sign, provided it also meets the following requirements:

1.

The sign is a detached sign; and

2.

One of the following apply:

a.

The sign was approved by a sign permit before the effective date of these regulations, or amendment, if a permit was required under applicable law;

b.

If no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date; or

c.

The sign had legal nonconforming status on the effective date of these regulations.

B.

Existing Signs on Annexed Property. If land is annexed to the City after the effective date of these regulations, any signs that do not conform to the provisions of these regulations at such time shall have legal nonconforming status if:

1.

Under applicable regulations, the sign was legal in all respects immediately prior to annexation; and

2.

The sign is a detached sign.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.502 - NONCONFORMING ON-PREMISE SIGNS

A.

Limited Use Standards.

1.

Any legally existing nonconforming on-premise sign in existence on October 29, 1997, may continue to lawfully exist unless and until the sign requires repairs that cumulatively cost more than 51 percent of the cost of erecting a new sign of the same type at the same location.

2.

In determining whether the non-conforming on-premise sign is damaged 51 percent or less each applicant shall, with the filing of a permit application, submit three bids by three different sign contractors/manufacturers that include the total cost to repair the existing sign and total cost to erect a new sign of the same type and dimensions at the same location.

3.

A nonconforming on-premise sign must be removed after the sign ceases to lawfully exist, as determined by Section 5.302, above.

4.

The owner of the sign and the owner of the premises are each liable for the failure to remove a nonconforming on-premise sign.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 5.503 - NONCONFORMING OFF-PREMISE SIGNS

A.

Limited Use Standards.

1.

Any nonconforming off-premise sign in existence on October 29, 1997, may continue to lawfully exist, unless the owner is notified of and does not resolve violations of Section 5.406.H. Maintenance, and so long as the sign meets the requirements of Section 5.406.E. Site Provisions for Legally Nonconforming Off-Premise Signs.

2.

If a nonconforming off-premise sign is blown down, inadequately maintained, dilapidated, decayed, or otherwise destroyed such that the cumulative cost of repairing the non-conforming off-premise sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location, no new permit shall be issued. In this instance, the non-conforming off-premise sign owner and the owner of the property on which it is placed are individually responsible to remove what remains of the non-conforming off-premise sign.

3.

If the nonconforming off-premise sign is damaged such that the cost of repairing the off-premise sign is 60 percent or less than the cost of erecting a new off-premise sign of the same type and dimensions at the same location, then any repairs shall comply with all applicable ordinances. If the applicant proposes to effect repairs using other than new materials, the permit application shall include a certification by a structural engineer that each piece of used material will be of the same strength as a new piece of equipment.

4.

In determining whether the non-conforming off-premise sign is damaged 60 percent or less each applicant shall, with the filing of a permit application, submit three bids by three different sign contractors/manufacturers that include the total cost to repair the existing sign and total cost to erect a new sign of the same type and dimensions at the same location.

4.

For nonconforming off-premise signs, routine maintenance includes changing the message of the sign by replacing or repainting the sign face. This standard also applies to buildings, structures, and signs that are used by nonconforming uses if they are designed in a way that is not suitable for reuse as a conforming use.

(Ord. No. 18-037, § 2, 6-21-18)