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G-95-12-21-10B - 12/21/1995ORDINANCE NO. tT ' q 5' 1 - )-108 AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1400, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING CERTAIN NEW DEFINITIONS; BY PROVIDING A TABLE LISTING VARIOUS HEIGHT, AREA AND SETBACK REQUIREMENTS FOR BUSINESS USE SIGNS; BY PROVIDING FOR AND DEFINING SIGN CLUSTERS, MONUMENTS SIGNS; BY PROVIDING REGULATIONS FOR OFF -PREMISES SUBDIVISION MARKETING SIGNS; AND FOR PROVIDING APPEALS TO THE DEVELOPMENT REVIEW BOARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. The Chapter 3, Section 3.1400, Code of Ordinances (1995 Edition), City of Round Rock is hereby amended to read as follows: 3.1401 HOME OCCUPATIONS SIGNS Customary home occupations shall be permitted one (1) sign each, provided that such sign shall be attached flatwise to the house and shall not exceed two (2) square feet in surface area. 3.1402 CONSTRUCTION PHASE SIGNS During construction of a building, one (1) unilluminated sign advertising contractors or architects working on such premises shall be permitted, provided that such sign shall not be more than forty (40) square feet in area and shall be set back from the front property line. Such sign shall be removed immediately upon the occupancy of the building. 3.1403 BUSINESS USES SIGNS (1) Definitions. For the purposes of this Section, certain terms and words are hereby defined. Terms not defined herein shall be construed in accordance with Chapter 11, Zoning and other Codes and ordinances or their customary usage. (a) Animated Sign. Any sign that uses movement or change of lighting to depict action or motion. C:\WPDOCS\ORDINANC\OR51221B.2WP/kg (b) Banner. Any sign printed or displayed upon cloth or other flexible material, with or without frames. (c) Business use. Land uses classified by the Zoning Ordinance as commercial or industrial, including churches, schools, and multi -family projects, but not customary home occupations. (d) Changeable Copy Sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged. (e) Cluster Sign Site. A tract of land located in a Large Center on a Frontage Road and limited to use for a sign cluster and the associated landscaping. (f) Free Standing Sign. Any sign which is attached to or part of a completely self- supporting structure. The supporting structure shall be firmly in or below the ground surface and not attached to any building or other structure, whether portable or stationary. (g) Freeway. Any highway that contains frontage roads. (h) Frontage Road. The set of lanes on either side of a Freeway, which parallel the Freeway center lanes and provide access to abutting properties. (i) Fuel Outlet. A business use where gasoline or other type of fuel for motor vehicles is pumped for sale. (j) Large Center. A lot or group of adjacent lots in the same subdivision consisting of three (3) acres of land or more and containing commercial or industrial land uses. (k) Monument Sign. Any sign which is separate from buildings and the entire bottom of which is in contact with or in close proximity to the ground. (1) Pole Sign. Any sign that is supported by a pole or poles, said pole or poles being separate from buildings. (m) Sign. Any device or surface on which letters, numbers, illustrations, designs, figures, or other symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and is used for the purposes of advertisement, announcement, declaration, demonstration, display, identification or expression. (n) Sign Area. Surface or face of a sign used for the purpose of communicating information to the public. As specified in Table 3.1403, this measurement is expressed as a square footage amount authorized to each sign face. The sign area shall be computed by means of the smallest polygon or circle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display and is contained within the respective sign cabinet. (o) Sign Cabinet. The structure or border used to differentiate a sign face from the structure against which a sign face is placed. (p) Sign Cluster. A group of free standing signs established accordinance with regulations contained herein. (q) Small Center. A lot or lots consisting of fewer than three (3) acres of land and containing authorized business uses. (r) Spacing. The distance required between signs of the same category or, between Large Center and Small Center Signs on Frontage Roads. (s) Standard Roadway. Any public street or highway that is not a freeway. (t) Tenancy. A Small Center containing more than one (1) business. (2) Business Use Signs. Except as otherwise provided herein, business uses shall be permitted one or more sign per lot, as set forth in Table 3.1403 below, except that a Large center Sign may have two or more Signs as set forth in Table 3.1403. Table 3.1403 Authorized Free Standing Business Use Signs - (One (1) Sign per lot, unless otherwise stated.) - Business Use (as defined) Sign Area (maximum: square feet) Height (maximum: feet) Front Setback (minimum: feet) Spacing (minimum: feet) Any Business Us e(1) (Monument Sign Only) 50 5 0 not applicable Small Center 40 20 10 not applicable Fuel Outlet 40(2) 20 10 not applicable Tenancy 100 (3) 20 10 not applicable Large Center 3- acres plus 200 Two signs per three acres (4) 30 25 150 Small Center (Frontage Road) 320 30 25 150 Notes: 1. Any business may utilize a Monument Sign, with a maximum sign area of 50 square feet, a maximum height of 5 feet and with no minimum setback, as a substitute for any sign listed above. 2. A 50 square -foot sign is authorized only if it includes a gasoline price posting on a single sign. 3. A 100 square foot sign is authorized provided no single tenant is allocated more than 40 square feet of sign area. 4. Additional signs shall be permitted to each Large Center on the basis of one additional sign for each additional four (4) acres of land, up to a maximum of four signs. A sign cluster accounts for one (1) allocated sign. 4, (3) Nonresidential Use Signs. Nonresidential uses which are on a tract which is located no more than one hundred (100) feet of the interstate highway right-of-way shall each be permitted, in lieu of any other authorized sign or signs, one sign of not more than one hundred (100) square feet, provided that such sign (a) shall not be placed within any required yard, (b) shall not be placed within twenty-five (25) feet of the front property line, (c) shall not be placed within one hundred (100) feet of an existing sign permitted by this paragraph and paragraph (2) above, (d) shall not be placed more than two hundred (200) feet from the Interstate Highway 35 right-of-way and (e) shall not exceed thirty (30) feet in height (4) Sign Cluster. A regional center containing three or more restaurants will be permitted a sign cluster advertising the restaurants. The owner or developer of a regional center who desires a sign cluster shall file with the Director of Planning a comprehensive site plan for the sign cluster indicating that the sign cluster will be in compliance with the following requirements: (5) (a) The sign cluster shall consist off at least three (3), but not more than seven (7) pole signs to be located in a cluster sign site. (b) Each restaurant shall be permitted only one pole sign in the cluster. (c) Each pole in the cluster shall contain only one sign. (d) No sign in a sign cluster shall exceed two hundred (200) square feet of sign area. (e) No adjacent signs in the sign cluster shall have the same height. (f) The height of the pole signs in the sign cluster shall average not more than forty-five (45) feet, with no sign in the sign cluster having a height greater than sixty-five (65) feet. (g) No changeable copy or animated signs shall be permitted in a sign cluster. (h) Pole signs in a sign cluster shall be arranged in a manner that promotes sign visibility, readability, and that achieves a definable pattern both horizontally and vertically. (i) A sign cluster may include a monument sign that identifies the regional center. The monument sign shall not exceed one hundred (100) square feet of sign area more, and shall have a minimum of one hundred twenty (120) feet of landscaped area. Upon determining that the sign cluster as depicted on the comprehensive site plan meets the foregoing requirements, the Director of Planning shall issue a sign cluster permit. Upon receiving a sign cluster permit, the applicant must obtain the required building permits from the Chief Building Official before commencing construction of the sign cluster signs. Monument Signs. Where permitted by this Section, monument signs shall be in compliance with the following regulations: (a) A monument sign shall not exceed fifty (50) square feet of sign area; provided however that a monument sign included in a sign cluster may contain no more than one hundred (100) square feet. (b) A monument sign shall not include a changeable copy feature; provided however that a fuel outlet may utilize a changeable copy feature that is up to fifty percent (50%) of the sign area to post fuel prices. (c) A monument sign shall not be an animated sign. (d) Unless there is a conflict with public utilities or required sight distance, there shall be no front setback requirement for a monument sign. (e) A landscaped area of no less than one hundred twenty (120) square feet shall be required at the base of the sign. (f) A landscape maintenance plan shall be submitted for approval to the Director of Planning prior to the issuance of a building permit. (6) Prohibited Signs (a) It shall be unlawful for any person to erect, relocate, repair, repaint or materially alter any Sign, as defined herein, within the city limits of Round Rock, Texas, without first obtaining a building permit issued by the Chief Building Official or his designee, as directed in Section 3.106 of this Code. (b) All signs not expressly authorized by this Section or exempt from the regulations hereunder in accordance with this Code are prohibited. Such unauthorized Signs include, but are not limited to, inflatable signs, tethered balloons, and the use of beacons or search lights for advertising purposes. 3.1404 SUBDIVISION MARKETING SIGNS (1) For the purpose of marketing a recorded subdivision, one (1) on -premises sign of not more than three hundred twenty (320) square feet for each road abutting the respective subdivision shall be permitted, provided that such sign shall not be placed within any required yard nor within twenty-five (25) feet of any property line abutting a street or road right-of-way, and further provided, that such sign shall not exceed thirty (30) feet in height. (2) For the purpose of marketing a recorded subdivision, one (1) off -premises sign of not more than two hundred (200) square feet may be permitted for each recorded subdivision. The off -premises marketing sign shall not be placed within twenty-five (25) feet of any property line and shall not exceed thirty (30) feet in height. The permit required for such sign shall expire, unless renewed, two (2) years after the date of issuance of such permit. Each renewal shall be for one year. Each application for, and renewal of, an off -premises subdivision marketing sign shall be accompanied by a fee in the amount of three hundred dollars ($300.00) and a permit bond in the amount of five hundred dollars ($500.00) posted by the respective sign hanger for the purpose of insuring the proper location, maintenance, and removal of the respective off -premises subdivision marketing sign requested. 6. 3.1405 PORTABLE SIGNS (1) A portable sign is any sign not permanently attached to the ground or a building. Portable signs include, but are not limited to, any sign mounted or attached to a pick up truck, van, or any other motor vehicle or trailer. (2) It shall be unlawful for any person, firm, or corporation to erect, construct, or locate within the city any portable sign, or cause the same to be done. This shall not be interpreted to prohibit identification lettering on motor vehicles including, but not limited to, the name, address, and number of a building, institution, or person and to the activity carried on in the building or institution, or the occupancy or other similar information. (3) It shall be unlawful for any person, firm, or corporation to operate or park any vehicle or trailer so as to be visible from a public right-of-way for the primary purpose of advertisement of products or directing people to a business or activity located in the same or nearby property or any other premises. This shall not be interpreted to prohibit "for sale" signs being placed on vehicles or trailers. (4) All existing portable signs in use as of the effective date hereof must be removed within ninety (90) days of said effective date or be subject to the prohibitions contained herein. 3.1406 TEMPORARY SIGNS (1) Temporary signs not exceeding forty (40) square feet in area pertaining to drives or events of civic, philanthropic, education, or religious organizations, provided that said signs are posted only during said drive or no more than thirty (30) days prior to said event and are removed no more than seven (7) days after an event are exempt from the provisions of this section. The city council may grant a special permit for temporary signs or banners over a street or public way. A temporary banner may exceed twenty (20) square feet in area in the discretion of the city council. (2) Temporary signs not exceeding nine (9) square feet in area pertaining to the lease, sale, or rental of a building or use are exempt from the provisions of this section. (3) Temporary signs in a SF -1 zone, SF -2 zone or a TF zone pertaining to the lease, sale or rental of a building may be permitted in the right-of-way provided they meet the following criteria: (a) the sign does not exceed four (4) square feet in total sign area, (b) the sign is located in a portion of the public right-of-way immediately adjacent to the property being offered for lease, sale or rent, (c) the sign does not interfere with the public's legitimate use of the roadway or sidewalk, (d) the sign is not located within thirty-five (35) feet of an intersection so as to violate Section 11.304(7) of this Code, and 7. (e) the sign is not located in the right-of-way of any freeway, parkway or arterial roadway as described in Section 11.200 of this Code. 3.1407 NONCONFORMING SIGN ABATEMENT (1) All signs which are in violation of this section shall be deemed nonconforming and shall be brought into compliance or removed no later than January 1, 1991. (2) If a nonconforming sign is damaged or destroyed to the extent of fifty (50) percent or more of its fair market value, then restoration or new construction shall not be permitted, unless such restoration or new construction shall conform to all regulations in this section. (3) No building permit shall be issued for construction on any lot on which there is situated a nonconforming sign. 3.1408 SIGNS, POSTERS AND OUTDOOR ADVERTISING PROHIBITED IN PUBLIC RIGHTS-OF-WAY (1) No sign, poster or outdoor advertising shall be placed or allowed to be placed within the public ways, streets, or road rights-of-way within the incorporated limits of the City of Round Rock, Texas. (2) Any sign, poster or outdoor advertising found within the prohibited area shall be removed by the city manager or his designee. (3) Signs, posters or outdoor advertising removed from the prohibited area shall be stored for a period of fourteen (14) days, during which the owner may claim the sign and upon payment of a removal and storage fee of $10.00 per sign, the sign or signs shall be released to the owner. Any sign or signs not claimed within the fourteen (14) day period shall become the property of the City of Round Rock, Texas. (4) Signs, posters or outdoor advertising placed or allowed to be placed in violation of this subsection are hereby declared to be public nuisances and may be abated as such by the city. The collection of removal and storage fees shall not preclude the city from prosecuting any person, firm, partnership, association, corporation, company, or organization of any kind for violating this subsection. 3.1409 AREA IDENTIFICATION SIGNS For the purpose of area identification, the Director of Planning may grant a special permit for an area identification sign provided it meets the following criteria: (1) The sign must be a monument sign and constructed of stone, brick or other maintenance -free material. (2) The sign must primarily identify an area (i.e., subdivision identification or commercial center identification). (3) The sign may list the name of major buildings occupying sites of three (3) acres or more provided that the letter size of these listings does not exceed fifty (50) percent of the letter size of the area designation. 8. (4) The sign may be located at an off -premises location adjacent to an arterial roadway to identify the primary entrance to the area. (5) The sign may contain only the name of the area to be identified and a secondary list of major buildings or complexes. The sign shall not list tenants within buildings nor shall it contain any other form of advertising. (6) The design and construction of such signs must assure compatibility with surrounding development. (7) The location of such signs must not restrict visibility at intersections. (8) Lighting is restricted to ground lighting only. (9) The Director of Planning may permit future additions to the list of major buildings. (10) The Director of Planning may permit the location of area identification signs on private property or on public property if the applicant obtains a license agreement from the city council to utilize public right-of-way for this purpose. Where such license agreement is required, the Director of Planning may conditionally approve such a sign location upon the approval of a license agreement by the city council. Such conditional approval is null and void if a license agreement is not approved by the city council within sixty (60) days of the Director of Planning's approval. Such conditional approval is not a commitment that the city council will approve such license agreement. (11) No other sign shall be allowed within one hundred (100) feet of an area identification sign. (12) Area identification signs shall not exceed one hundred (100) square feet of total sign area. (13) The application for an area identification sign shall be accompanied by a fee of two hundred fifty dollars ($250.00) 3.1410 SPECIAL EXCEPTIONS (1) The Director of Planning shall have the power to issue a special exception to the setback and/or height requirements provided for herein. (2) Before issuing a special exception to the setback and/or height requirements, the Director of Planning shall make the following fmdings: (a) That the parcel of land for which the special exception is requested is zoned C-1 or C-3 and is adjacent to the right-of-way for a freeway; (b) That the sign will be used to advertise only on-site restaurants, a fuel outlet, or hotels, motels, and other establishments providing overnight lodging; and (c) That a sign constructed in compliance with the setback and height requirements on any permitted location could not be seen from any main lane of a freeway from a location more than one thousand (1,000) feet prior to the nearest exit 9. which provides access to the affected business. The point from which the one thousand (1,000) feet is measured shall be the point of tangency between the main lanes of the freeway and the exit ramp. (3) The burden of proof regarding the above findings shall be on the applicant requesting the special exception. (4) Any special exception granted shall be only for the minimum necessary to achieve the required visibility, but in no event shall a special exception be granted for a sign in excess of sixty-five (65) feet in height. (5) Under no circumstance shall a special exception be granted for the following: (a) Any sign, sign structure, or advertising device not specifically permitted in this section. (b) Any sign or device which by design or location resembles or conflicts with any traffic control sign or device. (c) Any sign or device that creates a potential safety hazard by obstructing views of pedestrian and vehicular traffic at street intersections or driveways or by creating glare or other hazardous distraction. (d) Any sign or device that is erected within six (6) feet horizontally or twelve (12) feet vertically or any overhead electric conductors. (e) Any roof sign, portable sign, billboard, balloon inflatable, any sign constructed of a nondurable material, signs in the public right-of-way, wind driven advertising devices and flashing signs. (6) The application for a special exception to the setback and/or height requirements shall be accompanied by a fee of two hundred fifty dollars ($250.00) 3.1411 Appeals to Development Review Board Pursuant to Section 11.324 of this Code, the Development Review Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Planning Director in the enforcement of this Section. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 10. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 57 READ, PASSED, and ADOPTED on first reading this OWday of QEC6M,86,Q , 1995. Alternative 2. READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading this the day of , 1995. ATTEST: /KU E LAND, City Secretary 11. RLES CUL "EVER, Mayor City of Round Rock, Texas DATE: December 19, 1995 SUBJECT: City Council Meeting, December 21, 1995 ITEM: 10.B. Consider an ordinance amending Section 3.1400, Code of Ordinances, by providing for changes to the Sign Ordinance. (First Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval Attached is the proposed Sign Ordinance revision. By comparison with the existing Sign Ordinance it is largely an update and reorganization. However, some important features have been added; these include: 1) Several new, more exacting definitions. 2) A table to present the requirements. 3) Staff review of area identification signs and additional height requests. 4) Provisions for appeal to DRB of contested staff decisions. 5) Deletion of the off -premises subdivision marketing sign authorization. 6) Criteria for authorizing a cluster sign for specific commercial centers.