Chapter 10.05 SIGNS AND INTERSECTION VISIBILITY

Chapter 10.05
SIGNS AND INTERSECTION VISIBILITY

Sections:

10.05.050 Street intersection visibility.

10.05.010 Signs – Definitions.

A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

1. “Animated or moving sign” means any sign or part of a sign which changes physical position by any movement or rotation, or which gives the visual impression of such movement or rotation.

2. “Direction sign” means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one way,” “entrance,” and “exit.”

3. “Flashing sign” means any directly or indirectly illuminated sign, other than time and temperature, which exhibits changing natural or artificial light or color effects by any means whatsoever.

4. “Home occupation sign” means a sign containing only the name and occupation of a permitted home occupation.

5. “Identification sign” refers to signs bearing the address, or combination of names and addresses of occupants of premises.

6. “Illuminated signs” means any sign illuminated any way by an artificial light source.

7. “Menu sign” means a permanently mounted sign displaying the bill of fare of a drive-in or drive-through restaurant.

8. “Political sign” means a temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

9. “Portable sign” means a temporary sign that is not permanently affixed to a building, structure or the ground.

10. “Price sign” means a permanently mounted sign displaying the retail cost of a gallon of fuel on the premises of a service station.

11. “Real estate sign” means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support.

12. “Sign” means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

13. “Sign area” means the entire face or display surface of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.

14. “Temporary sign” means a sign or advertising display designed or intended to be displayed for a short period of time, and which has no flashing or animated parts.

15. “Time or temperature sign” means signs or elements of a sign which are intended to indicate no more information than the current time, the current temperature, or both. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VI)

10.05.020 Signs – General regulations.

A. Signs are permitted in each zone to advertise the premises or the facilities, activities or enterprises situated on the lot on which the signs are located. Off-premises signs are not permitted except as provided for by this title.

B. Prior to the erection, an application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or the owner or tenant’s authorized agent, and a permit shall be issued by the City Clerk and/or Public Works Director, except that no permit shall be required for:

1. Identification signs;

2. “No trespassing” or “no dumping” or “private property” signs which do not exceed one and one-half square feet in area per sign;

3. Signs established by, or by order of any governmental agency, and flags and insignia displayed by any governmental agency;

4. Directional signs;

5. National or state flags;

6. Real estate signs;

7. Routine maintenance of signs already having a permit.

C. No sign shall be erected at or near any intersection of any streets or railways and streets in such a manner as to obstruct vision, or at any location where, by reason of its position, wording, illumination, size, shape or color it may obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic control sign, signal, or device (see street intersection visibility supplemental regulations in HMC 10.05.050).

D. No sign shall be erected which would be an obstruction to utilities.

E. Every sign shall be kept in good repair from the standpoint of safety, fire prevention and appearance.

F. No sign may be erected on or overhang public property except when erected by public agency, erected under a permit from an authorized agency, or required by law.

G. No sign shall be placed on any private property without the written consent of the property’s owner.

H. No sign shall be placed or printed on any tree, rock, or utility pole.

I. All signs hereafter erected, constructed, or modified shall comply with setback requirements of the district in which they are located, except that those signs within light industrial and commercial districts may overhang a sidewalk to within one foot of the curb line, provided the bottom is at least 10 feet above the sidewalk.

J. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.

K. No sign, including roof signs, shall extend more than 30 feet above the finished grade.

L. Flashing signs shall be allowed by permit only.

M. Except for temporary signs, signs shall be designed and constructed so as to concentrate the illumination upon the surface area of the sign and prevent glare upon the street or adjacent property.

N. Illuminated signs, where allowed, shall be designed and constructed so as to concentrate the illumination upon the surface area of the sign and prevent glare upon the street or adjacent property.

O. Except for temporary signs, signs shall be permanently affixed to the ground or otherwise affixed in a permanent manner to a supporting structure.

P. Permitted Permanent Signs by Zone.

1. Residential Zones.

a. One identification sign per dwelling, not exceeding two square feet in area.

b. One home occupation sign per dwelling, not exceeding three square feet in area.

c. Office buildings, where permitted in residential zones, may have one sign not exceeding 16 square feet, if single-sided, or 32 square feet, if multi-sided.

d. Multifamily structures, where permitted, may have one sign not exceeding 16 square feet if single-sided, or 32 square feet, if multi-sided.

e. One real estate sign per lot not exceeding six square feet in area.

f. Directional signs not exceeding six square feet, if multi-faced, or three square feet, if single-faced.

g. Other temporary signs as set forth in subsection (Q) of this section.

2. Commercial Airport, General Agriculture, Outdoor Recreation, Commercial Zones and Industrial Zones.

a. Residential structures, where permitted, are permitted signs as set out for residential zones;

b. One sign per street lot line, plus temporary, directional, menu or price signs as permitted, the total area of which does not exceed two square feet per lineal foot of street lot line up to a maximum of 150 square feet for a single-sided and 300 square feet for a multi-sided sign per lot; provided, that signs flat against the building shall be excluded from both the area calculations and the one sign per street lot line limitation;

c. One sign per street lot line, not exceeding 16 square feet if single-sided, or 32 square feet if multi-sided;

d. Other temporary signs, as set forth in subsection (Q) of this section.

3. All Other Zones. Only general regulations apply.

Q. Temporary signs are permitted in all zones as set forth herein:

1. Real Estate Signs. One sign per street frontage, advertising that the lot on which the sign is located, or any building or structure located thereon, is for sale, rent, or lease, may be displayed; provided, that its size does not exceed the limitation permitted in each zone as set forth in the previous section.

2. Subdivision Signs. For each real estate subdivision that has been approved in accordance with this title, one sign, not over 64 square feet in area, advertising the sale of property in such subdivision is permitted, such sign shall be located in the same portion of the subdivision being advertised for sale; such sign is permitted only during such time as at least 10 percent of the land advertised for sale remains unsold, but not to exceed a two year period.

3. Special Event End Announcement Signs. Except in residential zones, one sign advertising a special civic event or special announcements (i.e., “Grand Opening” or “Going Out of Business”) is permitted per lot or business, provided such sign is not flashing and does not exceed an area of 32 square feet if single-sided or 64 square feet if multi-sided. No business shall display a special event or announcement sign or signs for more than 30 days in any calendar year.

4. Portable Signs. Except in residential zones, one portable sign per lot advertising a business created during the winter months when weather conditions prohibit the placement of a permanent sign, and shall be allowed only until the weather conditions permit the placement of a permanent sign. Permits issued for portable signs will include a removal date.

5. Political Signs.

a. Political signs shall be allowed in all zones except holding and public lands and institutions;

b. The maximum size of one sign shall not exceed 32 square feet, if single-faced, or 64 square feet, if multi-faced;

c. The total area of any number of signs per candidate per lot shall not exceed 32 square feet, if single-sided, or 64 square feet, if multi-sided;

d. Political signs shall not be displayed more than 90 days prior to and seven days after the date of the primary election, except that a successful primary candidate may keep their signs on display until seven days after the final election;

i. When a political candidate is advertised, the candidate is responsible for ensuring the conditions of this section are met. Signs that are sponsored by a political action committee sanctioned by Alaska Public Offices Commission shall be the responsibility of the treasurer of such political action committee. The candidate or campaign treasurer of a political action committee is responsible for ensuring the conditions of this sanction are met. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 10-06 § 4, 2010; Ord. 12-18 § 4, 2012. Formerly 10.41.581)

10.05.030 Nonconforming signs.

A. No nonconforming sign may be moved, enlarged or altered in any way which tends to or makes the sign less in compliance with the requirement of this code.

B. Should a nonconforming sign be destroyed, it shall not be reconstructed except in conformity with this code.

C. Any substantial change to the face of the sign shall be cause for the sign to be brought into conformity with the requirements of this code (for example, when the business changes and the sign is changed or modified either in shape, size or legend).

D. Any sign not lawfully placed or existing prior to the enactment of the ordinance codified in this chapter and which could not be erected in accordance with the provisions of this chapter shall not be deemed to attain any legal status by the enactment of said ordinance.

E. Any nonconforming sign which is located on property which becomes vacant and unoccupied for a period of six months or more shall become illegal and lose its characterization as a nonconforming sign. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VI)

10.05.040 Signs – Enforcement.

The City of Houston may inspect and, following a 30-calendar-day written notice to the owner of the affected property of its finding that a sign is in violation of this chapter, remove or cause to be removed such sign at the owner’s expense, except that a seven-calendar-days’ notice shall be given for temporary signs in violation. If the responsible party cannot be reached by mail, a notice of violation shall be placed on or at the site of the sign in violation in lieu of the written notice. The City of Houston may, without notice, remove or cause to be removed at the owner’s expense any sign it determines endangers the public safety or any sign illegally located on public property. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VI)

10.05.050 Street intersection visibility.

On corner lots in all zoning districts, no fence, wall, hedge, or other planting or structure that will impede visibility between a height of three feet and eight feet above the centerline grades of the intersecting streets shall be erected, planted, placed, or maintained, and no vehicle so impeding visibility shall be parked within the triangular area formed by the right-of-way lines at such a corner lot and a line drawn across the corner of the lot so as to join the non-intersecting ends of the two lot lines at a distance of 80 feet from the point of their intersection. If visibility within the described area is already obscured, nothing shall be done to increase the impediment to visibility. Similar precautions should be taken so as not to obscure visibility of oncoming cars or passing pedestrians when residents are backing their cars out of driveways in residential zones. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VI)