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HomeMy WebLinkAboutORD 2020-75 - City Sign RegulationsORDINANCE NO. 20-0 —:1t5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER 10, "SIGN STANDARDS," SECTION 5.04.020, "COMMERCIAL USE LIMITATIONS," AND SECTION 16.02, "DEFINITIONS," OF THE UNIFIED DEVELOPMENT CODE; AMENDING CHAPTER 12.12, "ADVERTISING SIGNS AND BANNERS," AND CHAPTER 12.16, "SIGNS ADJACENT TO FREEWAYS," OF THE CODE OF ORDINANCES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; ESTABLISHING A PENALTY; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 1.02 of the Charter of the City of Georgetown, Texas (the "City") declares that the City has "all the powers granted to cities by the Constitution and laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers" and may "pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants"; WHEREAS, the State of Texas has granted home -rule municipalities the authority to "license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance" under Chapter 216 of the Texas Local Government Code; WHEREAS, the City has prohibited the installation of banners over any public street within the city limits since at least 1990, when the City Council (the "Council") codified Section 3-1 of the City's prior code as Chapter 12.12 of the Code of Ordinances; WHEREAS, the City has also regulated the installation of signs adjacent to the freeway since at least 1990, when the Council codified Section 3-20 of the City's prior code as Chapter 12.16 of the Code of Ordinances; WHEREAS, on March 11, 2003, the Council adopted a set of comprehensive development regulations known as the Unified Development Code ("UDC") via Ordinance No. 2003-16, which codified various zoning, subdivision, and sign standards; WHEREAS, Chapter 12.12 of the Code of Ordinances exempts installations by "charitable organizations or any person engaged in promoting a nonprofit civic enterprise" from its prohibition; Ordinance Number: Page 1 of 4 Description: rti 4va*lC, � Date Approved: v WHEREAS, Chapter 10, "Sign Standards," of the UDC regulates the size, location, and other features of signs within the city limits and the City's extraterritorial jurisdiction, but the applicable regulations vary based upon the content of the proposed sign; WHEREAS, Section 5.04.020, "Commercial Use Limitations," of the UDC identifies specific limitations of certain commercial uses, including content -based sign regulations for automobile uses; WHEREAS, Section 16.02, "Definitions," of the UDC defines various types of signs based on the content of the sign; WHEREAS, in Reed v. Town of Gilbert, 576 U.S. 155 (2015), the United States Supreme Court held that content -based sign regulations, even viewpoint -neutral ones, are subject to strict scrutiny, and may abridge an individual's freedom of speech protected by the First Amendment of the United States Constitution if they do not further a compelling government interest; WHEREAS, in response to Reed v. Town of Gilbert and litigation that followed, the State of Texas amended the Texas Highway Beautification Act, Chapter 391 et. seq. of the Texas Transportation Code in the 2017 Legislative Session; WHEREAS, the Council has determined it is necessary to amend Chapter 10, Section 5.04.020, and Section 16.02 of the UDC, as well as Chapter 12.12 of the Code of Ordinances, to conform to the requirements of Reed v. Town of Gilbert; WHEREAS, the Council has determined it is necessary to amend Chapter 12.16 of the Code of Ordinances to align with the amended Texas Highway Beautification Act; WHEREAS, on November 12, 2013, the Council established a UDC Advisory Committee (the "Committee") to review proposed or requested amendments to the UDC, but the Council excepted from the Committee's review any "executive amendments," which are amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case law; that ratify published directors' determinations; that incorporate recently -approved Council ordinances; that process Council -designated emergency items; or that address revisions otherwise determined necessary by legal counsel; WHEREAS, amendments to the City's sign regulations needed in order to conform to the requirements of Reed v. Town of Gilbert and the amended Texas Highway Beautification Act constitute an executive amendment to address state statutes or case law, and thus do not require review by the Committee; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the proposed amendments to the UDC at its October 6, 2020 regularly -scheduled meeting and recommended approval of the amendments. Ordinance Number: Page 2 of 4 Description: 1.►K RLOK,�,��j py� Date Approved: t7 D j U NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The Council hereby finds that this ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. Section 3. Chapter 10, "Sign Standards," of the UDC is hereby amended as set forth in Exhibit "A" attached hereto. Section 4. The portions of Section 5.04.020, "Commercial Use Limitations," of the UDC shown on Exhibit "B" are hereby amended as set forth in Exhibit "B" attached hereto. The remaining omitted portions of Section 5.04.020 are unchanged. Section 5. The portions of Section 16.02, "Definitions," of the UDC shown on Exhibit "C" are hereby amended as set forth in Exhibit "C" attached hereto. Section 6. Chapter 12.12, "Advertising Signs and Banners," of the Code of Ordinances is hereby amended as set forth in Exhibit "D" attached hereto. Section 7. Chapter 12.16, "Signs Adjacent to Freeways," of the Code of Ordinances is hereby amended as set forth in Exhibit "E" attached hereto. Section 8. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this ordinance are hereby repealed, and are no longer of any force and effect. Section 9. If any provision of this ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 10. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the City Charter of the City of Georgetown. Ordinance Number: Page 3 of 4 Description: r� N,�wki &kg Date Approved: PASSED AND APPROVED on First Reading on the Z4kjay of OLkY e . 2020. PASSED AND APPROVED on Second Reading on the 10 day of , 2020. CITY OF GEORGETOWN, TEXAS: LL a�3 Dale Ross, Mayor Ordinance Number: Description: j[r►►n. KQ�,t�(Q,'h�J\,S Date Approved: Nk 1U L 7,0 U ATTEST: ,t Robyn De smore, City Secretary APPROVED AS TO FORM: S ye asson City Attorney Page 4 of 4 Exhibit A Amended UDC Chapter 10 Chapter 10 - SIGN STANDARDS SECTION 10.01. - GENERAL Sec. 10.01.010. - Authority. The provisions of this chapter are adopted pursuant to Texas Local Government Code chs. 51, 54, 211, 216 and the City Charter. Sec.10.01.020. - Purpose and Objectives. The purpose of this chapter is to provide clear regulations for the permitting, design, location, construction, modification, use, maintenance, and removal of signs in the City and its extraterritorial jurisdiction. The objectives are: to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the community's overall aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. Sec.10.01.030. - Applicability and Effect. A. A sign may be erected, placed, established, painted, created, or maintained in the jurisdiction only in conformance with the standards, procedures, exemptions, and other requirements of this Code. These regulations apply to both commercial and non-commercial messages. B. All signs not expressly permitted by this Chapter are prohibited, except as approved through the appeals process established by this Code. In particular, the following signs are expressly prohibited within the city limits and the extraterritorial jurisdiction of the City: Signs, temporary or otherwise, within public rights -of -way; Signs, temporary or otherwise, affixed to a tree or utility pole; and Signs, temporary or otherwise, located within the restricted area defined in Section 12.44.010 of the Code of Ordinances ("sight triangle"). Sec.10.01.040. - Jurisdiction and Applicable Regulations in Extraterritorial Jurisdiction. A. In accordance with Texas Local Government Code §§ 216.901 and 216.902, these regulations apply to all areas within the corporate limits of the City and those areas within its Page 1 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 extraterritorial jurisdiction and supersede the regulations adopted under Chapter 394 of the Texas Transportation Code. B. The following assignments establish areas of sign regulation in the extraterritorial jurisdiction of Georgetown, for signs not prohibited by Section 10.01.030. In overlapping areas, the most restrictive sign regulations will apply. 1. Any area within 200 feet of a residential lane, residential street, or rural subdivision street right-of-way must meet all sign regulations that apply within the Residential Single -Family (RS) Zoning District. 2. Any area within 200 feet of a residential collector street right-of-way must meet all sign regulations that apply within the High Density Multi -Family (MF-2) and Low Density Multi -Family (MF-1) Zoning Districts. 3. Any area within 200 feet of a major collector street right-of-way must meet all sign regulations that apply within the Local Commercial (C-1) Zoning District. 4. Any area within 250 feet of an arterial (major or minor) or a freeway right-of-way must meet all sign regulations that apply within the General Commercial (C-3) Zoning District. 5. Any other area within the extraterritorial jurisdiction must meet all sign regulations that apply within the Agriculture (AG) Zoning District. Sec.10.01.050. - Master Sign Plan. Pursuant to the procedures and provisions outlined in Section 3.12 ('Master Sign Plan") a Master Sign Plan shall be required for all multiple -tenant buildings, Planned Unit Developments, and all multi -building or multi -occupant commercial developments before any signs for such development may be erected on the property. All owners, tenants, subtenants, and purchasers of individual units within the development shall comply with the approved Master Sign Plan. Sec.10.01.060. - Nonconforming Sign Standards. The standards for nonconforming signs are set forth in Section 14.06, Nonconforming Signs. Sec. 10.01.070. - Variances. Variances shall be processed pursuant to the provisions outlined in Section 3.15, Zoning Variance and Special Exception. Page 2 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Sec.10.01.080. - Abandoned and Unsafe Signs. A. All signs in the city limits and ETJ shall be properly maintained at all times to the satisfaction of the Building Official. Abandoned Signs, or signs that are illegal, unsafe, or insecure, are hereby declared to be a public nuisance. Failure to maintain or remove a sign in violation of this Section may be subject to penalties as set forth in Section 10.09. B. Pursuant to Section 216.003(e) of the Texas Local Government Code, if the Building Official, of his or her designee, determines a sign is an Abandoned Sign, the owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located shall remove the Abandoned Sign within 30 days of said determination. C. Pursuant to Chapter 54 of the Texas Local Government Code, if the Building Official, or his or her designee, determines a sign is, unsafe, insecure, or presents a hazard to the public in any way, he or she shall provide notice to the owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located. If within 15 days of the day of the notice the sign is not repaired, made conforming, or removed, or an appeal has not been filed in accordance with this Section, the Building Official is hereby authorized to cause the removal of such sign, and any expense incident hereto shall be paid by the permit applicant, owner of the land, building, or structure to which such sign is attached or upon which it is erected. The Building Official may cause any sign, which is determined to be an immediate hazard to the general public, to be removed summarily and without notice. D. The owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located may appeal the determination of the Building Official, or his or her designee, that a sign is unsafe, insecure, or presents a hazard to the public by filing an appeal with the Building Standards Commission within 15 days of such notice, under the procedure for appeal of a decision of the Building Official under Chapter 2.64 of the Code of Ordinances. Upon receipt of an appeal, the Building Standards Commission shall schedule a hearing for the next available meeting, where the Building Official and the appellant shall each have an opportunity to speak to the status of the sign. The Building Standards Commission shall have the power to affirm or reverse the determination of the Building Official, and the decision of the Building Standards Commission shall be final. Sec.10.01.090. - Alternative Sign Plan. To provide flexibility in the attainment of sign code compliance, an applicant may request an Alternative Sign Plan when a Master Sign Plan is either not applicable or practical under the circumstances. The Building Official is the decision -making authority for an Alternative Sign Plan using the Administrative Exception process detailed in Section 3.16, Administrative Exception, of this Code. Page 3 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 SECTION 10.02. - SUMMARY OF PERMITTED SIGNS The following Table establishes permitted signs within the corporate limits of the City and those areas within the extraterritorial jurisdiction based on underlying Zoning District. Table 10.06.010 details permitted signs with specific dimensional standards per zoning district, overlay district, or street corridor. All sign types not listed in Table 10.02 or 10.06.010 are prohibited, unless otherwise specified in this chapter. Table 10.02: Permitted Sign Types by District RS, RE AG, TF, CN & C1, C3, RL & TH MF-1 OF Sign Type PF BP & IN MH & MF-2 District Districts Districts Districts Banner — — P Changeable — P copy External illumination P P P Incidental A A A A A Internal — P P illumination Residential A A A A A Subdivision P P entry Temporary P P P P P Sandwich Board I A A A A = allowed without Permit P = Sign Permit required C = Certificate of Appropriateness required; Sign Permit required SECTION 10.03. - SIGNS EXEMPT FROM REGULATIONS Sec. 10.03.010. - Exempt Signs. Downtown MU and Old Town District Overlay Districts C C C See Section { 4.09.100 C l A. The following signs shall be exempt from regulation under this Code: A C A Page 4 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; 2. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located; 3. Reserved; 4. Reserved; 5. Traffic control, service entrance, and directional signs on private property, such as "Stop," "Yield," "Enter," and similar signs, that do not exceed four feet in height or four square feet in area or meet State or City standards or conform to the Manual of Uniform Traffic Control Devices, as published by the U.S. Department of Transportation, Federal Highway Administration; 6. Address and postbox numerals conforming to the requirements of Chapter 15.36, Street Naming and Street Addressing, of the Code of Ordinances, as may be amended; 7. Government signs, including flags, erected by or for the city, county, state or federal government in furtherance of their governmental responsibility; 8. Legal notices; 9. Reserved; and 10. Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance that do not exceed 7 feet in height or 8 square feet in area. Sec.10.03.020. —Reserved. SECTION 10.04. — TYPES OF SIGNS PROHIBITED UNDER THIS CODE All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the previous section are prohibited within the corporate limits of the City and those areas within the extraterritorial jurisdiction. Such signs include, but are not limited to: A. Beacons; B. Portable Signs; Page 5 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 C. Roof signs above the lesser of the height of the structure or allowable freestanding sign height within the District in which it is located; D. Reserved; E. Inflatable signs and tethered balloons greater than 18 inches in diameter; F. Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs; G. Reserved; H. Reserved; I. Billboard Signs; J. Streamers; K. Electronic message centers in fixed or traveling mode; L. Signs that emit an odor or produce an audible message; and M. Unshielded neon. SECTION 10.05. - SIGN LIGHTING STANDARDS A. No illuminated sign which has a sign area of 150 square feet or less shall have luminance greater than 300 foot candles, nor shall it have luminance greater than 300 foot candles for any portion of the sign within a circle two feet in diameter. B. No illuminated sign which has a sign area greater than 150 square feet shall have a luminance greater than 200-foot candles for any portion of the sign within a circle of two feet in diameter. C. No unshielded light source may be visible from the edge of the public right-of-way at a height of three feet. SECTION 10.06. - SIGN DESIGN AND AREA REGULATIONS Sec.10.06.010. - Sign Dimensional Standards. Table 10.06.010: Sign Dimensions by District Page 6 of 26 Chapter 10 Zoning District Downtown Overlay and Old Town Overlay districts (see also base zoning district requirements below) MU AG RE RL TF MH Exhibit A Amended UDC Chapter 10 Maximum 'Maximum Minimum Maximum 1 Classification Area Per Height Setback Number Conditions l Sign (sq. ft.) (feet) (feet) * Z per Lot I For additional detailed guidelines related to signs in these Districts, see Chapter 9, Design Guidelines for Signs, in the City's Downtown and Old Town Design Guidelines. Monument signs shall be no greater than 5 feet in height and pole signs shall not be permitted. See Section 4.09.100 Freestanding Monument 2 5 Sign Flag 40 25 .5 per lin ft of Building Wall primary facade + Freestanding Monument .32 5 OF CN j PF + TH MF-1 MF-2 (For properties 'fronting Williams Dr/FM 2338, IH- 35, SH-195, SH 1130, see below) Sign Low Profile 20 6 Pole Sign I Flag 40 25 1 per linear Building Wall foot of — primary facade Incidental Sign 4 2 2 I 1 10.06.030A 5 10.06.030E — — 10.06.030C 1 per 500' of 5 frontage or 10.06.030A fraction thereof 1 per 500' of frontage or 5 10.06.030A fraction iithereof 5 110.06.030E I — 110.06.030C Two (2) per acre per lot. Additional signs may be 5 approved through a Sign Master Plan per Section 10.01.050 Page 7 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 1 per lin ft of Freestanding primary 1 per 500' of facade not to 5 (10 in IN frontage or 10.06.030A Monument exceed a max 6 District) fraction 10.06.030F Sign of 48 sq ft per thereof sign face C-1 1 per 500' of C-3 BP Low -Profile 20 10 5 (10 in IN frontage or 10.06.030A IN Pole Sign District) fraction � MU-DT _ thereof Flag 25 5 — 110.06.030E (for properties in 40 'the MU-DT 1 per linear District, see also foot of 10.06.030C Downtown and Building Wall primary — — 10.06.030F Old Town Design facade Guidelines. Two (2) per For properties fronting Williams acre per lot. Dr/FM 2338, IH- Additional 35, SH-195, SH signs may be 130, see below) Incidental Sign 4 2 5 (10 in the approved — IN District) through a Sign Master Plan per Section 10.01.050 Freestanding 10.06.030A Monument 48 5 5 1 10.06.030F i Sign Flag 40 25 5 10.06.030E 1 per linear Building Wall foot of 10.06.030C I primary 10.06.030F All properties facade Two (2) per fronting Williams Drive/FM 2338 acre per lot. Additional signs may be Incidental Sign 4 2 5 approved — through a Sign Master Plan per Section 10.01.050 Page 8 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Freestanding 1 per 200' Monument 60 g 5 frontage or 10.06.030A fraction Sign thereof High Profile 1 per 600' of Monument frontage or Signs on 225 28 5 fraction 10.06.030F SH-195 and thereof SH-130 1 per 600' of frontage or High Profile fraction Monument 225 28 5 thereof, but 10.06.030F Signs on IH-35 not less than 400' separation 1 per 600' of frontage or All properties fraction fronting: thereof, but IH-35 Pole Signs on 225 28 not less than 10.06.030D SH-195 IH-35 100' SH-130 separation, w/ 200' from Monument Sign Flag 40 25 5 I — 10.06.030E 1 per linear Building Wall foot of _ _ 10.06.030C primary facade Two (2) per acre per lot. Additional signs may be approved Incidental Sign 4 2 5 through a Sign Master Plan per Section 10.01.050 Multi -tenant [Multi -tenant Signs are allowed per the provisions of Section 10.06.050 Signs Page 9 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Residential Model Homes Model Home Signs are allowed per the provisions of Section 5.08.020.H Bed and Breakfast Bed and Breakfast Signs are allowed per the provisions of Section 5.04.020.B Office in Office uses in RS District with a SUP are allowed one sign per the provisions of Section the RS District �5.04.020X Automobile Sales, Rental Automobile Sales, Rental or Leasing Facility uses are allowed signs as per the or Leasing provisions of Section 5.04.020S Facility * The setback requirements above apply to all parts of the sign, as well as all parts of its pole, foundation, or other appurtenances. Please also refer to Section 10.06.030.H.1 for additional setback requirements applicable to signs adjacent to public rights -of -way. Sec.10.06.020. - Sign Area Computation. The following describes the computation of sign area and sign height. /0 I� C. Computation of Area of Individual Signs. The permitted area for all signs pursuant to Table 10.06.010, shall be inclusive of the sign base and sign cabinet. The sign cabinet is the structure or border used to differentiate a sign face from the structure against which a sign face is placed. In no case shall the overall sign structure, including the base, exceed the maximum allowed height nor the maximum allowed sign area. 2. Where a sign consists of individual letters, words, or symbols attached to a surface, building, canopy, awning, or wall and all such elements are located in the same plane, the sign area shall be the area of the smallest rectangle which completely encompasses all such letters, words, or symbols and any accompanying background of a color different than the natural color of the wall. Where such sign includes multiple words, each word located in the same plane shall be computed separately. Computation of Area of Multi -Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are substantially similar, and when such sign faces are part of the same sign structure the sign area shall be computed by the measurement of one of the faces. Computation of Height. Page 10 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 The height of a sign shall be computed as the mean distance from the base(s) of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. D. Computation of Maximum Total Permitted Sign Area. The permitted sum of the area of all individual signs shall be computed by applying the Zoning District formulae contained in Section 10.06.010, Maximum area per sign, to the lot frontage, building frontage or wall area, as appropriate. Lots fronting on two or more streets are allowed to calculate the longest street frontage into the allowable allocation to be identified by the Master Signage Plan. E. Computation of Maximum Number of Signs. Pursuant to Table 10.06.010, each lot is allocated the maximum number of signs allowed per District. Where indicated, additional signs beyond the identified allowance shall be determined by the lineal frontage of the lot. Sec.10.06.030. - Design Requirements. A. Monument Signs and Low -Profile Pole Signs. Monument signs or low -profile pole signs are the only permanent freestanding sign allowed, except on properties with IH 35, SH 130, or SH 195 frontage, where pole signs are also permitted. 1. Monument Signs. a. Monument signs shall have only two sign faces. b. The structure of monument signs shall be constructed of materials and colors compatible with those utilized on the primary building's facade. c. Monument signs located on the same property must be spaced a minimum of 80 feet apart from other freestanding signs for which a permit is required. d. A shared monument sign is encouraged. Such a monument sign must be located on one of the properties included in the sign text. Page 11 of 26 Chapter 10 LZ Exhibit A Amended UDC Chapter 10 Sign Area MONUINIENT SIGN 2. Low -Profile Pole Signs. Masonry material that rnatches primary building facade Sign Base a. Low -profile pole signs are permitted on any property as an alternative to permitted pole or monument signs. b. Low -profile pole signs may have only two sign faces. c. Low -profile pole signs located on the same property must be spaced a minimum of 80 feet apart from other freestanding signs for which a permit is required. 1 ••YI f • , it .,nh . p.,. M . —•, d. A shared low -profile sign is encouraged. Such a sign must be located on one of the properties included in the sign text. e. In the CN, C-1, MU-DT, C-3, BP and IN Districts: i. The use of low -profile pole signs requires the installation of a landscaped area equal to twice the area of one face of the pole sign. The required landscaping shall consist of four healthy, nursery stock shrubs, five -gallon container size, and ground cover. The required landscaping shall be located at the base of the pole sign. The owner and subsequent owners of the landscaped property shall be responsible for the maintenance of the landscaped area. Page 12 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 ii. For properties in excess of 500 feet of frontage, additional sign square footage is allowed as determined in Table 10.06.010. The cumulative square footage of allowed signs may be distributed between the maximum number of allowed signs with no one sign exceeding 90 square feet in size. 3. RE, RL, RS and MH Districts. In the RE, RL, RS and MH Districts externally illuminated free standing signs shall only be located adjacent to arterial roadways. B. Landmark Signs. To be recognized and designated as landmark signs, an individual sign must be approved by the procedures adopted by the Historic and Architectural Review Commission. To be considered for designation, these signs shall exhibit such a unique character, design or historical significance to be recognized as such to the community. C. Building Wall Signs. 1. The calculation of building wall signage shall be based upon a building's primary entrance and building facade as defined in Section 16.02. 2. Building wall signs may be placed on any portion of the building wall, but may not exceed the height of the wall. Wall signs shall not project more than eight inches from the building or structure, may have only one sign face, and must be parallel to the wall on which it is attached. 3. Building wall signs may be placed on any face of the building, except those directly adjacent to, and within 100 feet of a residential property line within a Residential Zoning District. If the residential zoned property is developed as a Non -Residential use then this restriction shall not apply. 4. Posters, signs, or announcements located in window areas not exceeding 50 percent (50%) of an individual window area shall not be calculated as an element of total allowable site signage. Any sign area in excess of the 50 percent (50%) will cause the entire area of the poster, sign, or announcements to be calculated as an element of total allowable building wall signage. 5. In the RS, RL, and RE Districts externally illuminated building wall signs shall only be located on properties fronting on arterial roadways. Page 13 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 'Residentially Zoned Property- May be considered w .primary facade'for the purposes of calculating allowed , sign area Street WALL SIGN Pole Signs on Properties with IH 35 Frontage. No identification signs permitted when adjacent to, and within 100 ft. of a residentially zoned property Wall signs permitted on thesefacades Pole signs are permitted on properties with IH 35 frontage, which are zoned C-1, C-3, BP, or IN, provided they meet the following requirements: 1. Height limit shall be 28 feet, but additional height may be allowed using the following as determining factors: a. This additional allowance will be determined by measuring the difference between the elevation of the property at the proposed location of the sign and the elevation of IH 35. b. Determination of the elevational difference shall be measured by projecting a perpendicular line from the center line of the proposed location of the sign to the main IH 35 roadway section nearest the sign. C. The allowance will only apply for properties and sign locations that are determined to be lower in elevation than the IH 35, as determined by Subsection b. above. 2. Maximum area shall be 225 square feet per face. 3. Pole sign shall have only two sign faces. 4. Properties with IH 35 frontage may have only one pole sign for each 600 feet of frontage or fraction thereof. Pole signs shall be spaced a minimum of 100 feet apart. Page 14 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 5. All signs shall maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically or as otherwise may be required by the utility provider. Any relocation of power lines to provide this clearance will be at the expense of the sign owner. 6. Pole Signs shall be spaced a minimum of 200 feet from a High Profile Monument Sign. E. Flags. Flags are permitted in all zoning districts provided that they meet the following requirements: 1. Reserved. 2. Flags shall not exceed the Maximum Height and Size as provided for in Table 10.06.010 of Section 10.06, Sign Design and Area Regulations. The overall measurement of the flagpole shall not exceed 25 feet in height as measured from the base of the pole to the top regardless of where the flagpole is located. 3. When a flagpole is located on the top of a roof, the placement and attachment of the pole shall meet the Building Code for wind and structural loading requirements. The plan design criteria shall provide the proposed location, attachment method to the structure and wind load resistance. A building permit shall be required for this type of installation. 4. Within Zoning Districts CN, C-1, MU-DT, C-3, BP, and IN, ground mounted flag poles can exceed the 25-foot height limit but shall not exceed the maximum building height as allowed in that district. F. Marquee Sign. The following sign design standards shall be used in addition to Table 10.06.010 Sign dimensions by District for a marquee sign as defined in Section 16.02. The definition of a sign in Section 16.02 shall also apply for all types of signs used within this section. 1. Wall signs will be allowed for the maximum area per square foot as allowed in the district as provided in Table 10.06.010 and the conditions of Subsection 10.06.030.C. 2. Monument signs shall be the only sign allowed per lot as allowed in the district as provided in Table 10.06.010 and the conditions of Subsection 10.06.030.A. Exception: Pole signs on properties with IH 35 frontage. For this exception, movie, performing art theaters, or athletic complexes would be allowed on either the pole sign or the marquee sign, as defined in Section 16.02 for marquee. Page 15 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 3. A marquee sign shall be located on the building's primary facade and over the main entrance. 4. The calculation for the total square foot area of a marquee sign shall be based solely upon the number of movie screens or stages provided in the building. In addition to the maximum area per square foot sign allowance for business advertisement, an additional one square foot per linear foot of primary facade for marquee signs can be allowed. For the purpose of this section a marquee sign is considered to be a maximum 6' x 24' panel. The ratio would equal three movies or stage titles to one panel. The maximum area of two square feet per linear foot of primary facade shall not be exceeded. The maximum height shall not exceed 20 feet. 5. Posters or announcements shall be located directly under the marquee sign and shall not exceed 50 percent (50%) of the area contained within the overall maximum width of the marquee sign. In this case, these types of signs shall not be calculated as an element towards the total maximum sign area. When located outside, these types of signs shall be located in protective cases. An excess of the 50 percent (50%) will cause the entire area to be calculated as an element of total allowable site signage. G. High Profile Monument Signs. High profile monument signs are permitted on properties with SH 130, SH 195, and IH-35 frontage, which are zoned C-1, C-3, BP, or IN, provided they meet the following requirements: 1. Height limit shall be 28 feet but additional height may be allowed using the following as determining factors: Page 16 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 a. This additional allowance will be determined by measuring the difference between the elevation of the property at the proposed location of the sign and the elevation of the main lanes. b. Determination of the elevation difference shall be measured by projecting a perpendicular line from the center line of the proposed location of the sign to the center line of the main lanes nearest the sign. c. The allowance applies only to properties and sign locations that are determined to be lower in elevation than the main lanes, as measured by Subsection b. above. 2. Maximum area shall be 225 square feet per face. 3. High profile monument signs shall have only two sign faces. 4. Properties with SH 130 or SH 195 frontage may have only one high profile monument sign for each 600 feet of frontage. High profile monument signs shall be spaced a minimum of 600 feet apart. If a property or commercial or industrial subdivision has less than 600 feet of frontage on SH 130 or SH 195 a high profile monument sign shall not be permitted. 5. Properties with IH-35 frontage may have only one high profile monument sign for each 600 feet of frontage or fraction thereof. High profile monument signs shall be spaced a minimum of 400 feet apart. 6. High profile monument signs shall be spaced a minimum of 200 feet from a pole sign. 7. All signs shall maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically or as otherwise may be required by the utility provider. Any relocation of power lines to provide this clearance will be at the expense of the sign owner. H. Signs Along Streets, Public Ways or Railroads. 1. Except as set forth below, no sign may be placed on or over the area located: a. within ten feet of the back of the street curb for City or County rights -of -way or the actual right-of-way, whichever is greater; b. within 25 feet for State rights -of -way or the actual right-of-way, whichever is greater; Page 17 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 c. if no curb exists, within the impervious surface of the street, d. if unpaved, within ten feet of the portion of the City ordinarily used for vehicular travel; e. within the median of a street; f. across the public right-of-way line; g. across a railroad right-of-way; or h. in the restricted areas at street intersections designated by Section 12.44.010 of the City of Georgetown Municipal Code ("sight triangles"). 2. The following may be placed on or over the areas listed in 10.06.030.H.1: a. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. b. Bus stop signs erected by a public transit company. Sec.10.06.040. — Reserved. Sec.10.06.050. — Multi -Tenant Signs. Developments containing two or more businesses, whether in a single building or multiple buildings, shall share a sign structure for advertisement of multiple businesses located within the development. This provision is applicable to businesses located on the same lot upon which the sign is located as well as to businesses located upon different lots within the development. Such signs shall comply with the following: A. The lot or lots involved must be contiguous with one another, and constitute a single cohesive development; B. The sign(s) must be located on a lot that one of the advertised businesses occupies; C. The sign shall be designed in the overall architectural style of the buildings within the development; D. The signs may be any sign type that is otherwise allowed by this chapter; Page 18 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 E. Private streets within the boundaries of the development are treated as public rights -of -way for purposes of determining allowable signage; F. Individual pad or lease sites, defined in the approved Site Plan, are treated as separate lots for purposes of determining allowable signage; 1. Businesses shall not be allowed advertising on both the multiple tenant (shared) sign and another free standing business identification sign; 2. Monument signs, used as multi -tenant signs for developments with four or more tenants, may have an allowable sign area not to exceed 64 square feet. G. In addition to signage that would otherwise be allowed on a lot for business identification purposes, one additional monument sign not exceeding five feet in height and 32 square feet in area may be located at each intersection of public roadways and/or private roadways for purposes of directing traffic to various areas and businesses within the development; H. All other provisions of this ordinance shall be applicable to this sign category, including but not limited to, allowed number based on road frontage (multiple lot developments are treated as a single lot for this purpose), allowable size as a function of Zoning District, spacing, illumination, materials, etc. Sec. 10.06.060. - Subdivision Entry Signs. Subdivision entry signs are allowed at the primary entrance into a subdivision, subject to the following standards: A. Subdivision entry signs are allowed at one primary entrance unless the subdivision has entrances on two different major arterials, in such case an entrance sign may be placed on each of the major arterial roadways. B. Subdivision entry signs must be monument signs, subject to the definition of this Code, and may contain a maximum of 40 square feet per sign face with a maximum height of six feet. C. Subdivision entry signs must be constructed of stone, brick, or other masonry material(s) compatible with surrounding development. D. Subdivision entry signs must be set back a minimum of five feet from the property line outside of the required sight triangle (Subsection 12.03.050.E.1) and located outside of any drainage easement. E. Subdivision entry signs must provide a landscaped area equal to twice the area of the sign face, providing one five -gallon shrub for every ten square feet of landscaped area. Page 19 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 1. Irrigation must be provided consistent with the standards of Section 8.06.050. 2. The owners and subsequent owners of the landscaped property shall be responsible for the maintenance of the landscaped area. SECTION 10.07. — TEMPORARY SIGNS All temporary signs shall be required to receive a Temporary Sign Permit, following the procedures of Section 3.18 of this Code. Temporary signs may be allowed for permanent uses, temporary uses or for Special Events, all of which may be addressed separately in this section. All temporary signs shall be designed, constructed, and maintained in accordance with the following standards: A. All signs shall comply with applicable provisions of the City Code at all times. B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Code, all signs shall be constructed of durable materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. C. All signs shall be maintained in good structural condition, in compliance with all building and electrical Codes, and in conformance with this Code, at all times. D. All signs shall maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically or as may otherwise be required by the utility provider. Any relocation of power lines to provide this clearance will be at the expense of the sign owner or as otherwise required by the electrical utility. E. Any spotlights allowed to illuminate signs or sign illumination shall be shielded such that their light source cannot be seen from abutting roads or properties. Sec.10.07.010. - Temporary Signs on Private Property. A. Temporary signs on private property shall be subject to the following requirements, unless otherwise set forth in this section: 1. Term. A temporary sign permit allows the use of a temporary sign for no more than 45 days from date of issuance. Page 20 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 2. Number. Only two temporary sign per lot shall be allowed. 3. Other Conditions. A temporary sign is allowed only in designated Districts as set forth in this section and shall be subject to all other requirements of that District. 4. Restrictions. a. Temporary signs on private property are limited to banners, window signs, or yard signs measuring no more than four square feet in area, unless otherwise set forth in this section. b. Temporary signs on private property shall comply with the setback and height limitations of Table 10.06.010 for the Zoning District in which the property is located. c. Attachments to the signs, such as balloons or streamers, shall not be allowed. B. Temporary signs on private property by a holder of a Special Event Permit shall be subject to the following requirements: 1. Applicability. This section applies only to signs placed by a holder of a Special Event Permit under Chapter 12.24 of the Georgetown Code of Ordinances. Specific events, activities or sign regulations that are expressly addressed elsewhere in this Code shall apply and nothing in this section shall modify those other provisions or standards. 2. Location. Temporary signs placed on private property under this section must be approved by the property owner. Signs placed on private property must meet design regulations relating to setback and other location requirements of the particular zoning district of the property, as outlined in Table 10.06.010. 3. Size and Height Restrictions. Signs placed on private property must meet design regulations relating to size and height of the particular zoning district of the property, as outlined in Table 10.06.010 of this Code. Page 21 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 4. Term. Temporary signs placed on private property under this section shall be erected no more than 15 days prior to the permitted event and must be removed within three (3) days following the last day of the event. No special event signage shall be in place longer than 30 days. C. Temporary signs on private property at a Construction Site shall be subject to the following requirements: 1. Applicability. This subsection applies to Construction Site Signs, as defined in Chapter 16. 2. Size Restrictions. These signs shall not exceed a total of 100 square feet or the total area permitted under Section 10.06.010 of this Code. 3. Term. Such signs shall be removed within one week following Final Inspection or Acceptance by the City, as applicable. 4. Other Requirements. The State, City, County, or other governmental entity permitting the work may impose additional requirements on the Construction Site sign as a condition of its approval of any such permit. D. Temporary signs placed by a registered homeowner's or neighborhood organization, which consists solely of the homeowners of a subdivision or neighborhood, provided the following provisions are met: 1. Signs shall be placed only within the boundaries of the applicable subdivision or neighborhood, in locations permitted by this Chapter. 2. Signs shall not be posted more than 48 hours prior to the beginning of an event or item requiring notice. All such signs shall be removed by the homeowner/neighborhood association no later than 24 hours following the event. 3. Homeowner/neighborhood association signs shall not exceed four (4) square feet in size. Page 22 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Sec. 10.07.020. - Temporary Signs on Public Property and Right -of -Way. Temporary signs on public property shall not require a permit if installed by the City, the County, the State, the federal government, or another political subdivision of the state who owns or controls the property. Sec. 10.07.030. - Reserved. Sec. 10.07.040. - Reserved. Sec. 10.07.050. - Reserved. Section 10.08. - HOMEBUILDER WAYFINDING SIGNS 10.08.010. - Erection and Maintenance of Signs. A. The City shall contract with an individual, firm, group, or association in this state to erect and maintain Homebuilder Wayfinding Signs at appropriate locations along an eligible city roadways. B. A contract under this section shall provide for: The assessment of fees to be paid to a contractor by a commercial establishment eligible for display on the Homebuilder Wayfinding Sign; and 2. Remittance to the City of at least 10 percent of the fees collected by the contractor. C. The City shall make a written award of a contract to the offeror whose proposal offers the best value for the City. In determining the best value for the City, the City may consider: 1. Revenue provided to the City by the contractor; 2. Fees to be charged eligible businesses or agricultural interests for inclusion on the signs; 3. The quality of services offered; 4. The contractor's financial resources and ability to perform; and Page 23 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 5. Any other factor the City considers relevant. D. To the extent of any conflict, this section prevails over any other ordinance relating to the method of the purchasing of goods and services by the City. 10.08.020. - Regulation of Signs. A. The City Manager, or his or her designee, shall: 1. Regulate the content, composition, placement, erection, and maintenance of Homebuilder Wayfinding Signs and supports on an eligible roadway right-of-way; and 2. Adopt rules necessary to administer and enforce this section. B. A Homebuilder Wayfinding Sign may not: 1. Contain a message, symbol, or trademark that resembles an official traffic -control device; or 2. Be located within the restricted area defined in Section 12.44.010 of the Code of Ordinances ("sight triangle"); or 3. Be divided into more than six panels that contain homebuilder names. C. The City Manager, or his or her designee, shall adopt rules, in accordance with applicable federal law, regulations, and guidelines, for determining eligible roadways along which Homebuilder Wayfinding Signs may be located. 10.08.030. - Eligibility for Display on Sign. A homebuilder, to be eligible to have its name displayed on a Homebuilder Wayfinding Sign, must: A. Have a model home open to the public; and B. Comply with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, or national origin; and C. Post its hours of operation on or near the main entrance so that they are visible to the public during open and closed hours. Sec. 10.08.040. - Duty not to Discriminate. Page 24 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 A homebuilder identified on a Homebuilder Wayfinding Sign shall conform to all applicable laws concerning the provision of public accommodations without regard to race, religion, gender, sexual orientation, national origin, age, or disability. Sec.10.08.050. - Disposition of Funds. Funds received under this section shall be deposited to the general fund. Sec.10.08.060. - Variances. A. The City Manager may grant variances, on a case -by -case basis, to the eligibility, location, or placement of Homebuilder Wayfinding Signs, including the roadways along which a sign may be located. B. The City Manager may grant a variance if the City Manager, or his or her designee, determines that: 1. The variance would promote traffic safety; 2. The variance would improve traffic flow; 3. An overpass, government sign, or other government structure unduly obstructs the visibility of an existing commercial sign; or 4. The variance would satisfy other conditions or guidelines prescribed by City Manager rules authorizing the granting of variances. C. The City Manager may not grant a variance to the requirements of this subchapter regarding supports, content, or composition of signs. SECTION 10.09. - PENALTY Section 10.09.010. - Unauthorized Erection or Installation of Sign. Any person or other legal entity who erects, installs, fails to maintain, or fails to remove a sign in violation of this Code shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Chapter 15 of this Code. Each day any violation or noncompliance continues shall constitute a separate and distinct offense. Sec.10.09.020. - Other Remedies. Page 25 of 26 Chapter 10 Exhibit A Amended UDC Chapter 10 Pursuant to Chapter 15 of this Code, in the event of any violation of the sign regulations of this Code, the City shall have the right to issue a stop work order; withhold approval of any Certificate of Occupancy, permit, plat, or any other authorization or approval; disconnect utility services; or pursue any other remedy provided by State law, and the power of injunction may be exercised in enforcing this Code whether or not there has been a criminal complaint filed. Page 26 of 26 Chapter 10 Exhibit B Amended UDC Section 5.04.020 *** - omitted portions unchanged Sec. 5.04.020. - Commercial Use Limitations. All commercial uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. *** S. Automobile Sales, Rental or Leasing Facility. An automobile sales, rental or leasing facility is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: *** 5. Signage for Automobile Sales Facilities. The following additional signage applies only to automobile sales facilities along the I.H. 35 northbound frontage road, from the southernmost boundary of the City up to, and including, the one lot north of Fox Drive. a. High profile monument signs are encouraged for sites with multiple corporate tenants consistent with Section 10.06.030.G. Auto dealerships may have an increased height for a high profile monument sign located along the I.H. 35 frontage road of up to 35 feet. No more than one sign shall be permitted at the 35-foot height. No additional height shall be permitted. The structure of high profile monument signs shall be constructed of stone or brick materials and be colors compatible with those utilized on the primary building's facade. b. Additional high profile monument signage shall be allowed for those sites with multiple corporate tenants. The maximum amount of additional signage shall be limited to an increase of ten percent (10%) of the total pole sign square footage permitted in Chapter 10. The maximum high profile monument sign height that utilizes the increased size shall be limited to 28 feet. The minimum road frontage of 600 feet for a high profile monument sign is reduced to 250 feet for this section and the spacing of 600 feet between high profile monument signs shall be reduced to 250 feet for this section. Page 1 of 2 Exhibit B Amended UDC Section 5.04.020 c. A maximum of two high profile monument or pole signs per site are permitted for sites with multiple corporate tenants with the maximum sign height of 25 feet and a maximum of 100 square feet per sign. d. For those sites with multiple corporate tenants the allowed wall signage may be increased ten percent (10%) to accommodate the additional tenant. e. In accordance with Section 10.03, entrance and interior directional signs that comply with the provisions of Chapter 10 of this Code shall not be counted toward the total allowed signage for the site. f. No signs, balloons, banners, etc. shall be located within the public right-of-way. g. Balloons. i. For the purposes of this section, balloons shall not be deemed as fluttering/undulating/moving signs pursuant to Section 10.04. ii. Balloons shall be tethered, attached, or anchored so as not to create any safety hazards by blowing into signs, utility lines, lights, etc. iii. Balloons and their tethering mechanism shall not exceed 35 feet in height. iv. Balloons for vehicle sales facilities shall not exceed a total of 50 balloons per 100 feet of I.H. 35 road frontage. h. Reserved. Page 2 of 2 Exhibit C Amended UDC Section 16.02 *** - omitted portions unchanged Chapter 16 - DEFINITIONS SECTION 16.02. - DEFINITIONS The following definitions describe terms found in this Code. Banner. Any sign or attention -getting device made of fabric, plastic, or other non -rigid material designed to hang from rope or wire or suspended from a pole and not mounted in a permanent, rigid frame. Banner, Light Pole Mounted. Any flexible material mounted between two horizontal supports projecting at a perpendicular from a light standard in flag fashion. The term includes any rigid or semi -rigid sign face or lens mounted in a frame attached to the side of a light standard in a way to achieve the same effect. Banner, Street. Any banner hung over or across a city street or other public right-of-way. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used for the purpose of conveying a message. A flag shall be considered a sign for purposes of this Code. Home Builder. A Home Builder is an individual or company that builds single-family or two- family homes or condominiums for residential occupancy. Homeowner Acting As Own Realtor. A Homeowner acting as their own realtor is a person who owns an existing single-family or two-family home or condominium within the corporate limits of City, or its extraterritorial jurisdiction (ETJ) which is for sale directly to the public. Realtor. A Realtor is a person who is licensed to sell real estate in the State of Texas. Page 1 of 4 Chapter 16 Exhibit C Amended UDC Section 16.02 Sign. Any device that uses letters, numerals, emblems, pictures, outlines, characters, spectacle delineation, announcement, trademark, logo, illustrations, designs, figures, or symbols to convey a message. The term "sign" shall also include any use of color such as bands, stripes, patterns, outlines or delineations displayed for the purpose of conveying a message, including commercial identification (corporate colors), that comprises more than 20 percent (20%) of any facade or visible roof face. This term shall also include all flags. Sign, Abandoned. A sign attached to a building or space which has been vacant for at least two (2) years. Any sign on a vacant lot or parcel, other than a legally -permitted Billboard, is also considered an Abandoned Sign. Sign Area. The area of a sign inclusive of the sign face, sign base and sign cabinet. Sign Base. The structure supporting a sign. The sign base is a part of the sign, unless otherwise specified in Chapter 10 of this Code. Sign, Billboard. A large freestanding sign, generally supported by a metal frame, and consisting of one (1) sign face or two (2) parallel sign faces that are oriented in opposite directions, used for the display of posters, printed, or painted advertisements that generally directs attention to a location other than the premise on which the sign is located. Includes "commercial signs" as defined by Chapter 391 of the Texas Transportation Code, "off -premise signs" as defined by Chapter 394 of the Texas Transportation Code, and "outdoor signs" as used in Chapter 216 of the Texas Local Government Code. Sign Cabinet. The sign cabinet is the structure or border used to differentiate a sign face from the structure on or against which a sign face is placed. Sign, Canopy. Any type of sign attached to in any manner or made a part of a canopy. Sign, Changeable Copy. A sign designed to allow the manipulation of messages through manual or mechanical means. Sign, Construction Site. A temporary sign containing graphics, symbols, text or images securely attached to, or printed directly onto the screening fabric of, a temporary fence or barrier, or on an active construction site authorized by a City or County permit, as applicable. Sign, External Illumination. A sign utilizing an artificial or reflective light source mounted or operated from the outside of the frame of the sign, for the purpose of lighting the sign. Sign Face. The area of a sign where the message is displayed and the background on which it is placed. Does not include the sign cabinet or frame. Sign, Homebuilder Wayfinding. A sign installed by, on behalf of, the City of Georgetown that directs motorists to a model home or model homes of a participating homebuilder(s). Sign, Identification. An incidental sign of identification or of informational nature. Page 2 of 4 Chapter 16 Exhibit C Amended UDC Section 16.02 Sign, Illuminated. A sign utilizing an artificial or a reflective light source. Sign, Incidental. A sign that is secondary or incidental to the permitted use on the property on which it is located. Sign, Internal Illumination. A sign utilizing an artificial or a reflective light source mounted or operated from the inside of the frame of the sign, for the purpose of lighting the sign. Sign, Low Profile Pole. A sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground. Sign, Marquee. Any sign attached to, in any manner or made a part of a marquee. Sign, Monument. A sign which is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure. Sign, Multiple -Tenant. A sign for more than one business at the same location. Sign, Off -Premise or Off -Site. Any sign advertising an activity or use that is not conducted on the property on which the sign appears. Sign, Pole. A sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground. Sign, Portable. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Sign, Projecting. Any sign affixed to a wall of a building in a non parallel manner. Sign, Sandwich Board. An advertising or business ground sign constructed in such a manner as to form an "A" or a tent -like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Also known as A -Frame or T-Frame signs. Sign, Suspended. Any type of sign that is suspended from the underside of a predominantly horizontal plane surface, such as a porch or canopy, and is supported by such surface. Sign, Temporary. Any sign that is not intended to be permanent. Sign, Wall. A sign which is fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of, the sign. Page 3 of 4 Chapter 16 Exhibit C Amended UDC Section 16.02 Sign, Window. Any sign that is placed inside a window or upon the window or upon the window panes or glass and is intended to be visible from the exterior of the window. Merchandise displays shall not be considered window signs. Page 4 of 4 Chapter 16 Exhibit D Amended Chapter 12.12 of the Code of Ordinances CHAPTER 12.12. - ADVERTISING SIGNS AND BANNERS Sec.12.12.010. - Putting up placards, etc., in public places. A. It is unlawful for any person to fasten, tack, nail, tie, glue, paste or maintain any placard, poster, banner or any other material anywhere on the streets, sidewalks, curbs, gutters, signal light posts or bases, street light posts or bases, telephone posts or electric posts in the City or to cause the same to be done. B. This section does not apply to any officer of the City, the state or the United States who may place upon such objects, by tying with strings or ties, any posters or placards in the interest of public health and safety. Sec. 12.12.020. - Banners, etc., over public streets. It is unlawful for any person to build, construct, fasten, tie or maintain any banners, streamers or other similar materials anywhere in the city in such a manner that the same shall be above, over and across any public street within the city. The provisions of this section do not apply to activities of an officer or employee of the City, the State or the United States acting on behalf of said governmental agency. Added language is underlined Page 1 of 1 City Code Chapter 12.12 Deleted language is Exhibit E Amended Ch. 12.16 of the Code of Ordinances CHAPTER 12.16. - SIGNS ADJACENT TO FREEWAYS Sec.12.16.010. - Scope. This chapter applies to signs located within the City or its Extraterritorial Jurisdiction (ETJ) and within 660 feet of the nearest edge of the right-of-way of I-35, or adjacent to and visible from SH- 130 as set forth herein. Sec.12.16.020. - Definitions. Words used in this chapter shall have the same meaning as in the Texas Highway Beautification Act, Chapters 391 et seq. of the Texas Transportation Code, or Chapter 10 of the City's Unified Development Code, as applicable. Sec.12.16.030. - Standards. All signs adjacent to freeways shall be subject to the standards set forth in Chapter 10 of the City's Unified Development Code, the Texas Highway Beautification Act, and any rules adopted by the State in furtherance thereof. Sec.12.16.040. - Applicability. A. Off -premise commercial signs shall not be located within 660 feet of the nearest edge of the right-of-way of I-35 without the owner of the sign first obtaining a license issued by the State pursuant to the provisions of the Texas Highway Beautification Act, authorizing the maintenance of said sign. B. Off -premise commercial signs are not permitted adjacent to and visible from SH-130. Sec. 12.16.050. - Existing signs. A. Every owner of every sign existing on January 24,1973, which lies within the city, and within 660 feet of the nearest edge of the right-of-way of I-35, with the exception of official signs and on -premise signs, shall have applied for and obtained a license issued by the State pursuant to the provisions of the Texas Highway Beautification Act, authorizing the maintenance of said sign after December 31, 1972. B. Every owner of every sign existing on November 20, 2020, which lies within the City's Extraterritorial Jurisdiction, and within 660 feet of the nearest edge of the right-of-way of I- 35, with the exception of official signs and on -premise signs, shall have applied for and obtained a license issued by the State pursuant to the provisions of the Texas Highway Beautification Act, as amended, authorizing the maintenance of said sign after November 20, 2020. Page i of 2 City Code Chapter 12.16 Exhibit E Amended Ch. 12.16 of the Code of Ordinances Sec.12.16.060. - Compliance with other regulations. Every sign regulated by this chapter shall also comply with the zoning ordinances, building codes and all other applicable codes and ordinances of the City. Sec.12.16.070. - Penalty. A. It is unlawful for a person to erect a sign subject to this chapter without a valid license issued by the State and a valid construction permit issued by the State. Any person who violates a provision of this chapter or a rule adopted by the State under Chapter 391 of the Texas Transportation Code commits a misdemeanor, and upon conviction thereof shall be fined not less than $500.00 and not more than $1,000.00 per offense. Each day a violation occurs shall be considered a separate offense. (See also Section 1.08.010 of this code.) B. A commercial sign that is erected or maintained in violation of this chapter or state law endangers the health, safety, welfare, morals, and enjoyment of the traveling public and the protection of the public investment in the interstate and primary highway systems; is a public nuisance; and is subject to an injunctive action by the State to prohibit the owner from maintaining the sign and to require the removal of the sign. C. In addition to being subject to a criminal penalty or injunctive action, a person who erects a signs subject to Section 12.16.040.B. is liable to the state for a civil penalty of not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation. A separate penalty may be imposed for each day a continuing violation occurs. Page 2 of 2 City Code Chapter 12.16