The provisions of this Section Ten regulate all signs, as that term is defined in Paragraph 2.0 below, within the City limits of the City of Spring Valley, Texas, consistent with the objectives set forth in the preamble of this Comprehensive Zoning Ordinance, as amended. Further, the City finds that signs can be a distraction to the attention of and endanger the traveling public; an overabundance of signs results in clutter and unsightliness which, though the results may not be immediately apparent, would subtly contribute to a deterioration trend in the City of Spring Valley residential and COMMERCIAL areas, as trends past and present illustrate throughout Harris County and the surrounding area; the City of Spring Valley recognizes that protection and enhancement of the City's visual environment and beauty will benefit both residential and commercial property owners and will promote a positive image of the City; the City desires to promote the reasonable, orderly, and effective display of signs; and to ensure that signs do not create or become hazards due to collapse, damage, decay, and abandonment.

(Ordinance 2007-11 adopted 5-15-07)

As used in this Section Ten the words shall have the meanings given, as follows:

To seek the attraction of, or to direct the attention of, the public to any goods, services, business, activity or merchandise of any kind or type.

Except as otherwise specifically provided for "banner", "banner sign", and "signs which contain or have attached thereto banners" shall refer to any sign incorporating canvas, netting, or any other such temporary sign material capable of being suspension-mounted.

New construction or erection of a building, which shall not include remodeling, refurbishing, or repair work on an existing building.

One or more buildings erected on a site by a common owner or developer.

A unit of luminous intensity, defined as the amount of luminous flux (total luminous power emitted from a source and expressed as lumens) per unit solid angle in a given direction.

A sign that permits lights to be turned on or off intermittently or that is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a light emitting diode (LED) or digital sign, and that varies in color or intensity. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUCTD) approved by the Federal Highway Administrator as the National Standard.

A single sign with two parallel sign faces (display surfaces) back-to-back.

Any sign containing electrical wiring or utilizing electrical current, but not including signs illuminated by a separate light source.

The primary exterior building covering, veneer, sheathing, or facade.

A complete, static display screen on the entire face of an electronic sign.

The total floor area within the exterior walls of a building, measured exclusive of such exterior walls.

A sign that is supported by uprights or braces in or upon the ground.

A development consisting of two or more business establishments using common driveways and onsite parking facilities, including, but not limited to, shopping centers, office complexes, office buildings, and business parks.

See changeable electronic variable message signs (CEVMS).

The total luminous power emitted per unit solid angle from a uniform point source whose luminous intensity is one (1) candela.

A projecting sign attached to or hung from a canopy or covered structure projecting from and supported by a frame or pipe support extending beyond the fascia of a building or structure.

A permanent sign, mounted on a base anchored in or on the ground, and not attached to any building. A monument sign, including the entire sign structure and sign face, is generally horizontal to and positioned just above finished grade, as opposed to being vertically positioned from grade to sky.

A sign conveying a civic, political, religious, seasonal, or personal message that is not displayed for a fee or for compensation and that is located on property under the control of or owned by the person displaying the sign. As used herein, a non-commercial message refers to and includes, by way of example and not in limitation, an endorsement of or comment regarding a candidate in an election, a religious expression, an assertion of a personal viewpoint or opinion on a matter, a holiday greeting, protection and security signs denoting no trespassing and/or security devices, a personal announcement, declaration or message, and any other statement(s) that is not advertising as defined herein. "For Sale," "For Rent," "For Lease" and "Open House" signs shall be included in the definition of non-commercial message sign.

A unit of measurement of luminance, or the intensity of visible light, where one (1) nit is equal to one (1) candela per square meter.

Any sign identifying or advertising the business, product, or services primarily sold or offered for sale on the premises or property where the sign is installed and maintained.

Any sign identifying or advertising a business, product, service, or activity primarily sold, offered for sale, or conducted on premises other than the property upon which the sign is situated.

A line drawn along that edge of the pavement on the side of a public or private street nearest to the property from which a measurement is taken.

Any sign designed and constructed of durable materials to remain for a period greater than twelve (12) months.

An individual, company, corporation, partnership, association, or any other entity.

Any sign which identifies the name of a commercial or office development to the public.

Any sign that is affixed to any building or structure and extends or protrudes more than twelve (12) inches horizontally beyond the building wall or structure to which it is affixed.

The physical removal of a sign in conjunction with revocation of the sign permit after written notice from the Sign Administrator.

Revocation or withdrawal of the authorization to place or maintain the operate a sign, including signs approved by City Council, by the Sign Administrator, in accordance with the procedures contained in this Section Ten.

Which, in the case of a building with a flat roof, means any sign which extends above the roof of a building or any parapets surrounding the roof; or in the case of a building with a peaked, sloped, pitched, mansard, or similar roof, any sign which extends above the top of the fascia of the same side of the building.

Any sign, display, light device, figure, painting, drawing, message, plaque, poster, indoor and outdoor structure, or other medium or thing that is designed, intended, or used to advertise or inform. The term "sign" shall include the sign structure.

The person or his or her designee who is directed to administer, enforce, and carry out the terms and conditions of this Section Ten and all other provisions of laws or ordinances relating to signs.

The display surface area of a sign.

A permit issued by the City to erect a sign. Additionally, a sign permit refers to the continuing authorization by the City to maintain and operate a sign in the City while such sign conforms with the provisions of this Section Ten.

Any structure, device, or system which supports or is capable of supporting a sign.

Permits only one (1) color in the frame for any message.

A single sign with one sign face (display surface).

A written notice from the Sign Administrator directing that work being conducted on a sign, contrary to the provisions of this Ordinance, be stopped and stating the conditions under which work may be resumed.

The primary exposure or front of a business intended, by location or orientation, as the main entrance or front for public access or display.

A sign that contains the name only of a residential subdivision.

Any sign, but not including a portable sign, erected for or during an event or for a limited purpose for a specific period of time to provide information relating solely to that event or purpose.

Any sign which identifies the name of a property user or occupant, except Tenant Listing.

A sign identifying the tenant or user of property in a multi-tenant business project which sign is attached to and is a part of the Project identification sign.

Not illuminated (lighted) by either internal or external light source, whether a direct or indirect light source.

Any sign upon the wall of any building or extending twelve (12) inches or less horizontally from the structure to which it is affixed.

(Ordinance 2007-11 adopted 5-15-07; Ordinance 2013-06 adopted 3-26-13)

Except as otherwise specifically provided in this Section Ten, and subject to the exceptions set forth in this paragraph, no person shall hereafter erect, construct, reconstruct, or alter a sign without having first secured a written permit from the Sign Administrator of the City of Spring Valley. A sign permit to erect, construct, reconstruct, or alter a sign shall only be valid for a period of thirty' (30) days from and after the date of permit issuance. Commencement of actual construction, placement, or work on a sign prior to expiration of the thirty' (30) day period shall extend said permit during a reasonable period of time that construction or placement is diligently continued toward completion.

Permit fees for signs shall be established from time-to-time by ordinance. Permit fees are not refundable.

No sign permit shall be required under this ordinance for on premise signs of the following types or descriptions, provided such signs are erected and maintained in accordance with the provisions of this Section Ten.

.01

Sign erected by the City of Spring Valley, Texas, the State of Texas (including its political subdivisions such as school districts) or the United States Government, or otherwise required by Federal, State, or local laws; or

.02

Railroad sign; or

.03

On-premise directional signs setting forth the location of or direction to parking or buildings located on the premises or regulating the flow of on-premise traffic. Such directional signs shall not exceed six (6) square feet in size or three (3) feet in height; or

.04

Non-Commercial Message Signs in all Districts.

(Ordinance 2007-11 adopted 5-15-07)

It shall be unlawful for any person to cause or permit the erecting of any sign within Dwelling District "A" except as follows:

One "For Sale" or "For Rent" sign, not exceeding six (6) square feet in sign area or four (4) feet in height shall be permitted for each street frontage.

Not more than four (4) un-illuminated garage or yard sale signs, either single or double faced, but which may be erected no earlier than the day preceding the sale, may be erected for a maximum of three (3) days, and which must be removed promptly at the conclusion of the sale. No garage or yard sale sign shall be placed on private property without the consent of the owner of such private property. These signs shall not exceed six (6) square feet per face, shall not be placed within any public street right-of-way, and shall be placed a minimum of ten (10) feet from the pavement line of any street. Such signs shall not exceed four (4) feet in height above the surrounding grade level, including the height of the supporting structure.

A sign permit shall be required. One temporary single or double faced sign, not exceeding forty-eight (48) square feet per face in area, shall be permitted for each major street entrance to an approved and recorded residential development of two (2) or more one-family dwellings. Such sign may be displayed to provide information concerning lot or dwelling sales for the development while such lots or dwellings are actually offered for sale. Such sign(s) shall be removed prior to acceptance by the City of the subdivision infrastructure improvements, or upon construction of a permanent subdivision identification sign, whichever first occurs. No residential development sign shall be placed within any open ditch, or closer than ten feet (10') to the pavement edge of any street. Such sign(s) shall not exceed twelve (12) feet in height above the surrounding finished grade level, including the height of the supporting structure.

One subdivision sign, which shall be either a monument sign or a sign embedded into a masonry wall, shall be allowed at each main street entrance to a residential subdivision. No subdivision sign shall have a sign face that exceeds fifty (50) square feet.

(Ordinance 2007-11 adopted 5-15-07)

It shall be unlawful for any person to cause or permit the erecting of any sign within Office Building District "B" except as follows::

A permit is required for such signs.

.01

One (1) temporary, single or double faced building construction sign may be displayed on the site, per building project, to provide information while a building is under construction and being offered for sale, lease or rent. Such sign shall be removed prior to the issuance of a certificate of occupancy for all or any part of such building, or upon completion of the project's permanent sign, whichever first occurs.

.02

One (1) temporary, single or double faced "for sale" or "for rent" sign may be displayed per lot or parcel of land relating solely to the property upon which the sign is located. The sign may contain information related to the sale or lease of such property including the name, address and telephone number of the agent, broker, developer or owner of the property. Such sign shall be removed within fourteen (14) days of the sale or lease of the property.

.03

Any sign permitted by this section shall not exceed forty-eight (48) square feet per sign face, and shall be placed a minimum of ten (10) feet from a railroad right-of-way, shall not be placed within any public street right-of-way, or within ten (10) feet of the pavement edge of any street. Such sign shall not exceed twelve (12) feet in height above the surrounding finished grade level, including the height of the supporting structure. The sign may not be illuminated.

In addition to signs otherwise permitted by this Section Ten, banners may be displayed on buildings, subject to the following regulations. One (1) single sided banner may be used to advertise space for sale, for lease, or for rent in the building on which such banner is displayed, or building space for sale, for lease, or for rent in another building in the same office building project (same development and ownership). A banner permitted by this subsection shall be professionally made, constructed or comprised of soft material such as vinyl or canvas, shall be attached to the wall of the building or structure to which it pertains, shall not extend above the top of the building's parapet, shall only be mounted and displayed in a southerly direction facing Interstate Highway 10, and shall be maintained at all times in good condition (not torn, flapping loosely with the wind, or illegible). The banner shall not exceed more than two (2) inches of height for each one (1) foot of height of the wall to which it is attached, nor shall such banner exceed in size more than fifteen percent (15%) of the size of the wall upon which it is attached. The banner may be displayed for not more than sixty (60) days following the date the banner permit is approved. An application for a banner to be displayed in accordance with this subsection shall contain all information necessary for the Sign Administrator to determine compliance with these regulations.

One single or double-faced building identification Monument Sign shall be allowed for an office building. If the office building to which it pertains fronts Interstate Highway 10, the sign shall not exceed one hundred (100) square feet per face, nor shall its height, including the base, exceed twelve (12) feet above the surrounding finished grade. If the office building to which the sign pertains is facing a thoroughfare other than Interstate Highway 10, the sign shall not exceed fifty (50) square feet per face, and its height, including the base, shall not exceed six (6) feet above the surrounding finished grade. For integrated office developments, one Monument Sign shall be permitted for each separate office building. A permit shall be required for such sign.

.01

Changing Message Signs. A Monument Sign may include a changing message panel provided such message is not caused or permitted to change more often than every two (2) minutes.

In addition to other signs permitted by this Section Ten, Wall Signs may be attached to the walls of buildings or the portions of buildings to which the signs pertain. A Wall Sign shall not extend above the top of a building's parapet, shall not exceed two (2) inches in height for each one (1) foot of height of the wall to which it is attached, nor shall permitted Walls Signs cumulatively exceed in size more than fifteen percent (15%) of the size of the wall upon which they are attached. In determining the maximum size of a Wall Sign(s), only that portion of the building wall adjacent to the space occupied by the subject of the sign(s) shall be used.

(Ordinance 2007-11 adopted 5-15-07; Ordinance 2010-03 adopted 2-16-10)

It shall be unlawful for any person to cause or permit the erecting of any sign within Commercial District "C" except as follows:

Office Building Signs in Commercial District "C" are subject to the sign regulations in Office Building District "B."

A permit is required for such signs.

.01

One (1) temporary, single or double faced project construction sign may be displayed on the site of a project or building while the project or building is under construction and being offered for sale, lease or rent.

.02

One (1) temporary, single or double faced "for sale" or "for rent" sign may be displayed per lot or parcel of land relating solely to the property upon which the sign is located. The sign may contain information related to the sale or lease of such property including the name, address and telephone number of the agent, broker, developer or owner of the property. Such sign shall be removed within fourteen (14) days of the sale or lease of the property.

.03

Any sign permitted by this section shall not exceed forty-eight (48) square feet per sign face, shall not be placed within a public street right-of-way, and shall not be placed closer than ten (10) feet from the pavement edge of any street. Such signs shall not exceed ten (10) feet in height above the surrounding finished grade level, including, the height of the supporting structure. The sign may not be illuminated.

One single or double-faced building identification Monument Sign shall be allowed for each tract. If the enterprise to which it pertains fronts Interstate Highway 10, the sign shall not exceed one hundred (100) square feet per face, nor shall its height, including the base, exceed twelve (12) feet above the surrounding finished grade. If the office building to which the sign pertains is facing a thoroughfare other than Interstate Highway 10, the sign shall not exceed fifty' (50) square feet per face, and its height, including the base, shall not exceed six (6) feet above the surrounding finished grade. A permit shall be required for such signs. For Integrated Business Developments, one Monument Sign shall be permitted for each separate building provided the total number of Monument Signs does not exceed the number of driveway entrances to the development. Provided further, no Monument Sign shall be erected nearer than fifty (50) feet from another Monument Sign on the same tract.

.01

Changing Message Signs. A Monument Sign may include a changing message panel provided such message is not caused or permitted to change more often than every two (2) minutes.

In addition to other signs permitted by this Section Ten, Wall Signs may be attached to the walls of buildings or the portions of buildings to which the signs pertain. A Wall Sign shall not extend above the top of a building's parapet, shall not exceed two (2) inches in height for each one (1) foot of height of the wall to which it is attached, nor shall permitted Walls Signs cumulatively exceed in size more than fifteen percent (15%) of the size of the wall upon which they are attached. In determining the maximum size of a Wall Sign(s), only that portion of the building wall adjacent to the space occupied by the subject of the sign(s) shall be used.

(Ordinance 2007-11 adopted 5-15-07; Ordinance 2010-03 adopted 2-16-10)

Signage within a Planned Area Development District shall comply with the following:

Except as otherwise provided herein or in an ordinance approving a Planned Area Development, signage upon any tract of land within a Planned Area Development shall comply with regulations applicable to the District in which the use upon such tract would be authorized as a permitted use. For instance, if a tract within a Planned Area Development contains a residential use that would be permitted in Dwelling District "A," the sign regulations applicable to such tract shall be those applicable to Dwelling District "A," if containing an office building use that would be permitted in Office Building District "B," the sign regulations applicable to such tract shall be those applicable to Office Building District "B," and if containing a commercial use that would be permitted in Commercial District "C," the sign regulations applicable to such tract shall be those applicable to Commercial District "C."

Not more than two Temporary Signs, providing directional information to new residential development located within an approved Planned Area Development, may be erected subject to the following limitations:

.01

No such temporary sign shall exceed fifteen (15) feet in height above natural grade, contain a sign face that exceeds thirty two (32) square feet in sign face area, or contain more than two sign faces.

.02

No such temporary sign shall be erected on property outside the boundaries of the Planned Area Development District, on the property of another without written consent of the owner, or within ten (10) feet of the paved portion of any public or private street.

.03

No such temporary sign shall be erected for a period that exceeds eighteen (18) months, or after eighty (80) percent of all units within the real estate development have been sold, unless an extension is granted by the City Council for good cause. In no event shall any extension exceed six (6) months.

.04

The temporary sign and sign structure shall comply with all building code requirements, including those governing general construction, electrical, wind load, or any other applicable standard.

.05

The temporary sign and sign structure shall be of muted and matching colors, of subdued design, and shall have a supporting structure painted to match the sign face and remainder of the sign structure.

(Ordinance 2007-11 adopted 5-15-07)

The signs described below shall be allowed to be erected, constructed, or displayed in all Districts:

Temporary Non-commercial message signs are allowed in all zoning districts and are specifically subject to the regulations in Section 10:08 "Signs Prohibited in all Districts" of this Code. No permit is required for a non-commercial message sign. In all Zoning Districts a single non-commercial message sign shall not exceed six (6) square feet in area per face, shall not be located on or project or extend over any public right-of-way, any public sidewalk, street, alley, or other public property, shall be setback a minimum of ten feet (10') from the pavement edge of any street, and shall not exceed four feet (4') in height, unless the sign regulations under this Code permit a larger sign or a height greater than four feet (4') for a sign located on particular property within a particular Zoning District and such non-commercial message sign is placed on that property within that Zoning District. In Residential Zoning District "A" the total square footage of all non-commercial message signs placed on any property shall not exceed sixteen (16) square feet of total face area. In all other Zoning Districts the total square footage of all non-commercial message signs placed on any property shall not exceed the total square footage of all other signs allowed under this Code on the property where the non-commercial message sign(s) is placed.

.01

Banners. Banners containing Non-Commercial messages may be erected on any lot other than a lot used or restricted to single-family residential use, subject to the following: No such banner shall exceed one hundred (100) square feet in sign area, exceed twelve (12) feet in height above finished grade, be located nearer than twenty (20) feet from a public or private roadway right-of-way. No lot or tract shall have more than one such banner for each street frontage. Permits shall be required for Banners.

.02

Flags. Nothing contained herein shall be construed to prohibit the display of standard size flags of the United States, the State of Texas, Harris County, or the City of Spring Valley.

In Dwelling District A, a church, synagogue or other place of worship shall be allowed to erect one (1) single or double faced permanent Monument Sign on the property on which the church, synagogue or other place of worship is located. Such sign shall not exceed twenty (20) square feet per face in the area and shall not exceed six (6) feet in height above the surrounding level of finished grade. Such sign may be illuminated either by internal or external light source. In districts other than Dwelling District A, the general regulations for permanent signage shall apply. A permit is required for all such signs.

(Ordinance 2007-11 adopted 5-15-07)

(a)

Changeable electronic variable message signs (CEVMS) shall be prohibited within the City, except that changeable electronic variable message signs shall be permitted for properties adjacent to all State rights-of-way. No new permit shall be issued for the installation, erection, or replacement of a CEVMS, including any conversion or modification of an existing sign to a CEVMS except as provided herein.

(b)

Changeable Electronic Variable Message Sign (CEVMS) Regulations:

(1)

Images or messages shall be static in nature and shall not blink, flash, scroll or be animated in such a manner as to constitute a distraction to passing motorists.

(2)

No image or message may be displayed for less than two (2) minutes.

(3)

Message transitions shall be limited to one (1) second.

(4)

Only one (1) CEVMS shall be permitted per business.

(5)

The electronic display of any CEVMS shall not exceed fifty (50) square feet per face.

(6)

The electronic display of any CEVMS shall not exceed one-half (½) the size of the permitted sign face.

(7)

A CEVMS shall use only single color frame images, with no movement between frames.

(8)

The brightness of any CEVMS at any time shall not exceed six thousand five hundred (6,500) Nits (cd/m ² ); and between sunset and sunrise the brightness of any CEVMS shall not exceed one thousand two hundred (1,200) Nits (cd/m ² ); each sign shall be fitted with a qualified light sensing device or contain software that is programmed to automatically adjust the brightness of the CEVMS in accordance with these standards.

(9)

All CEVMS shall require a usage permit with annual fee. The annual fee shall be established by resolution of the City Council.

(10)

If a CEVMS is found to be operating incorrectly, it must be turned off until it is repaired and inspected by the City.

(11)

Lights or colored elements creating a continuously moving, shimmering, or prismatic effect, or the use of rotating or moving parts in association with such lights or colored elements, are prohibited.

(c)

This section shall be construed to prohibit any CEVMS permitted by specific use permit or by subsection 10:03.03.01.

(Ordinance 2013-06 adopted 3-26-13)

The placement, existence, and advertisement on or with signs of the following type or nature are expressly prohibited, except as specifically authorized by this ordinance:

Portable or wheeled signs designed or constructed to be moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier, motorized vehicle, non-motorized mobile structure, or any sign which is not permanently anchored. A portable sign which has its wheels removed will still be considered a portable sign hereunder. For the purpose of this section, trailer signs and signs on benches are portable signs;

Signs that advertise: an activity, business, or service no longer conducted on the premises upon which the sign is located after a period of twelve (12) months following cessation of the business, activity, or service on the premises;

Signs that move or contain visible moving parts;

Signs that contain or have attached thereto banners, posters, pennants, ribbons, streamers, balloons, strings of lights, spinners, or other similar devices;

Signs that contain statements, words, or pictures of an obscene, indecent, or immoral character (according to prevailing community standards) that offend public morals or decency;

Signs or portions thereof located on, or project or extend over any public right-of-way, any public sidewalk, street, alley, or other public property;

Any sign that constitutes or creates a hazard or danger to the public health, safety, or welfare;

Signs that make use of any word, phrase, symbol or character in such manner as to interfere with, mislead, or confuse vehicular traffic;

Except as otherwise authorized herein, signs that contain reflectors or glaring, rotating, strobe, flashing, blinking, traveling, or spot lights, or which features a changing or moving message or advertising, or give the illusion of change or movement, or which contains exposed neon tubing;

Signs attached to or located upon outdoor exposed amenities such as benches, trash containers, or fences that are visible from any street;

Signs placed on the side or rear of any building or property when such sign faces a residential area from which such sign is visible;

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

Signs that resemble official traffic control sign, signals, or devices, which bear the words, "Stop", "Go Slow", "Caution", "Danger", "Warning", or similar words;

Signs, which by reason of their size, location, content, coloring, or manner of illumination, may be confused with or construed as traffic control signs, signals, or devices, or the lights of any emergency or road equipment vehicle, or which obstruct or impede the visibility of any traffic control or street signs, signals, or devices, or which otherwise constitute a hazard to pedestrian or vehicular traffic.

Any sign or advertising devise attached to any motor vehicle or any trailer parked on a public right-of-way, on public property, or on private property so as to be 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. This sub-section shall not be construed so as to prohibit typical vehicular signage lettered on a commercial vehicle.

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

Except as otherwise provided in this Section Ten, banners, pennants, search lights, twirling signs, sandwich or "A"-frame signs, 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 property.

Roof signs, in the case of a building with a flat roof, or any sign which extends above such roof, or any sign which extends above the roof of a building or any parapets surrounding the roof; or in the case of a building with a peaked, sloped, pitched, mansard, or similar roof, any sign which extends above the top of the fascia of the same side of the building.

Signs painted directly on the building fascia.

No project identification sign shall be mounted on pylons or other supports made of wood.

(Ordinance 2007-11 adopted 5-15-07)

It shall be unlawful for any person to place a sign on property not owned or lawfully occupied by such person except with the written consent of the owner of lawful occupant.

It shall be unlawful for any person to fail to remove a sign following written thereof given by the Sign Administrator, by certified mail or by personal written notice, upon the owner or occupant of the property upon which such sign is located, or upon the person or agent of the entity responsible for the sign. If such order is not complied with within ten (10) days following such notice, the Sign Administrator shall initiate proceedings to revoke the permit and cause removal of the sign, at the expense of the person responsible therefor.

Except as otherwise provided in this Section Ten, in computing the allowable square footage per face area of a sign, the entire sign display area of a sign, the entire sign display area, exclusive of any sign supports, shall be included.

Maximum Height Measurement of a Sign shall be measured from and include the highest point of the structure above the average finished grade level. In computing the allowable square footage per face area of a sign, the entire sign display area, exclusive of any sign supports, shall be included.

The visual supporting, framing, and/or structure of a sign (not actual display area) shall not exceed forty-five percent (45%) of the total sign area.

(Ordinance 2007-11 adopted 5-15-07)

The Mayor shall appoint and the City Council shall approve a Sign Administrator who is directed to administer, enforce, and carry out the terms and conditions of this Section Ten and all other provisions of laws and ordinances relating to signs. The Sign Administrator is empowered to delegate the duties and powers granted to and imposed upon him and her by ordinance to other persons who will assist the Sign Administrator as necessary.

The Sign Administrator shall serve for an indefinite term, shall not have or possess any property right or expectation of continued employment, may be dismissed by the City Council at any time, with or without cause.

.01

Every sign for which a sign permit is required shall be subject to the inspection and approval of the Sign Administrator.

.02

Upon presentation of proper identification to the owner, agent, user, or tenant in charge of such property, the Sign Administrator or his representative may request permission to enter. for the purposes of inspecting and investigating signs or sign structures, any building, structure, or other premises or property during normal business hours. In any emergency, the Sign Administrator may request permission to enter the aforementioned structures and premises at any time upon presentation of proper identification to any person on premises.

.03

Upon written notice and issuance of a written stop order from the Sign Administrator, work on any sign that is being conducted in a manner contrary to the provisions of this ordinance or which is being conducted in a dangerous or unsafe manner constituting a danger or hazard to the public health, safety, or welfare, as determined by the Sign Administrator, shall be immediately stopped. Such notice and order shall state the conditions under which work may be resumed. Where an emergency exists, which constitutes an imminent peril to persons or property, written notice shall not be required to be given by the Sign Administrator. Following the issuance of a stop order, the Sign Administrator shall initiate proceedings to revoke any permit issued for the work covered by such order, unless the cause of the stop order is resolved to the Sign Administrator's satisfaction.

.04

The Sign Administrator shall have, and is hereby granted, the power and authority to revoke any permits authorized by this ordinance for violation of the terms and provisions hereof.

.05

Where the visibility at an intersection is restricted or would be restricted by placement or erection of any sign, the Sign Administrator shall have the authority to require a setback or adjust the setback from an intersection to eliminate a hazard to the traveling public, any provision contained else whereto the contrary notwithstanding.

.06

Sign Maintenance and Removal. All signs will be permanently maintained in a safe, presentable condition. All signs will be kept in good repair and, unless of galvanized or non-corrosive metal or treated with appropriate wood preservative, will be thoroughly painted as often as is necessary and consistent with good maintenance. All braces, bolts, clips, supporting frames, and fastenings will be free from deterioration, termite infestation, rot or loosening. In case any signs are not so maintained as stipulated in this paragraph, the Sign Administrator or his designee shall give written notice to the owner or lessee thereto to so maintain or to remove the sign.

.07

Unsafe Signs. Should any sign, in the opinion of the Sign Administrator, become insecure or in danger of falling or otherwise unsafe, the Sign Administrator, or his or her designee, shall give written notice of the condition of the sign to the person owning, leasing, or responsible for the sign. Said person so notified shall correct the unsafe condition of the sign in a manner to be approved by the Sign Administrator, or his or her designee, in conformity with the provisions of this ordinance.

Nothing contained herein shall limit the Sign Administrator or the City from pursuing any other available legal remedies pursuant to any ordinance or law.

(Ordinance 2007-11 adopted 5-15-07)

All applicants for permits to erect or place signs shall submit to the Sign Administrator two copies of plans drawn to scale, prepared by the sign company engaged to erect, construct, reconstruct, alter, or install such signs, and submit specifications with the application for each sign regulated by this ordinance, which shall include the following:

The dimensions of the sign and where applicable, the dimensions of the wall surface of the building to which it is to be attached.

The dimensions of the sign's supporting members or structures.

The maximum and minimum height of the sign.

The proposed location of the signs in relation to the face of the building, buildings, and/or building project.

The proposed location of the sign in relation to the boundaries of the lot or tract upon which it is to be situated.

The location of all electrical transmissions lines within thirty (40) feet of any part of such proposed sign structure.

If applicable, plans and specifications for the electrical system of the sign.

The name, address, and profession of the person designing the plans and specifications.

Plans for supports for any sign subject to excessive stress, as determined by the Sign Administrator, shall be accompanied by structural computations necessary to determine structural adequacy of the sign.

Sufficient data shall be submitted to show that supporting surfaces and other members of an existing building and/or supports to which the sign is to be attached are in good condition and are sufficient to support the load, including the proposed sign.

The Applicant shall provide such other written information as is reasonably required to insure compliance with this Section Ten.

One Copy of plans and specifications will be returned to the applicant at the time the permit is granted.

It shall be the prerequisite to obtaining a sign permit in Office Building District "B" and Commercial District "C" that the owner states in the permit application that the owner has familiarized himself or herself with this Section Ten regulating signs and that all tenants or occupants will be advised before a lease or other contract or agreement is signed.

Incomplete or inadequate information. A sign permit application which does not contain or is not accompanied by all information and materials required by this paragraph or which is otherwise not made in strict conformity with the requirements of this Section Ten shall be denied. The Sign Administrator shall Provide the unsuccessful applicant with written notice of the reasons for denial.

Structural and Construction Requirements. Signs for which a sign permit is issued in accordance with this Section Ten shall be designed, constructed, and installed according to the criteria set forth in the Uniform Building Code, as amended, and the Fire Code, as amended, adopted by the City of Spring Valley, Texas, and incorporated herein by reference.

(Ordinance 2007-11 adopted 5-15-07)

A sign erected prior to the date of passage of this Section Ten of this Comprehensive Zoning Ordinance which does not conform with the regulations of this Section Ten shall be deemed to be a non-conforming sign which shall be allowed to continue, with normal maintenance and repair only; provided, however, a non-conforming sign may not be enlarged upon, expanded, or extended. It is not the intent of this provision to encourage the survival of non-conforming signs; to the contrary, non-conforming signs are declared to be incompatible with allowed uses within the specific Districts in which non-conforming signs are located.

A non-conforming sign shall not be enlarged, expanded, extended, replaced or rebuilt in case of obsolescence or total destruction by any means or cause.

In the event a non-conforming sign is damaged by any means or cause and the repair or reconstruction cost, whichever is applicable, equals or exceeds sixty percent (60%) of the fair market value of the sign at the time of the damage, it must be removed or brought into compliance with this ordinance.

In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this ordinance, the Sign Administrator, or his or her designee, shall give written notice to the owner, lessee, or person responsible for said sign directing said owner, lessee, or person responsible for said sign directing said owner, lessee, or person to alter the sign within a period not to exceed ten (10) days so as to comply with this ordinance, or to remove the sign.

(Ordinance 2007-11 adopted 5-15-07)