Division II
Chapter 17.38
SIGNS
Sections:
17.38.030 Signs prohibited in all zones.
17.38.060 Signs in public right-of-way.
17.38.080 Neighborhood business zone.
17.38.100 Existing nonconforming signs.
17.38.130 Violation, penalties and impoundment.
17.38.010 Purpose and intent.
A. The purpose of these standards is to establish regulations for the design, construction, installation, and maintenance of all exterior signs in the city of Brier in order to:
1. Balance the right of individuals to identify their in-city businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;
2. Further the objectives of the comprehensive plan;
3. Protect the public health, safety, and welfare;
4. Reduce traffic hazards;
5. Facilitate the creation of an attractive and harmonious community;
6. Protect property values;
7. Preserve the right of free speech exercised through the use of signs containing noncommercial messages;
8. Provide review procedures that assure that signs are consistent with the city’s objectives and within the city’s capability to efficiently administer the regulations;
9. Prohibit all signs not expressly permitted by this chapter.
B. The intent of this chapter is to:
1. Enhance the appearance and economic value of the visual environment by regulation and controlling the type, location, and physical dimensions of signs and sign structures;
2. Preserve locally recognized values of community appearance and safeguard and enhance property values;
3. Reduce hazards that result from signs that obscure or distract the vision of motorists, bicyclists, and pedestrians;
4. Recognize that signs are a useful means of visual display for the convenience of the public and for the efficient communications of commercial and noncommercial speech; and
5. Allow flexibility in the size, type and location of signs identifying the use and location of large facilities. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.020 Definitions.
“A-board sign” means a freestanding temporary sign with no moving parts or lights, comprised of two sign boards with each sign board measuring no larger than twenty-four inches wide by thirty-six inches high.
“Commercial sign” means a sign which identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, including, without limitation, any sign naming a brand of good or service and any sign which is not a noncommercial sign.
For the purposes of this chapter, “institutional” means properties used for nonresidential or business use located within the R-12,500 zone including but not limited to libraries, schools, fire stations, and churches.
“Noncommercial sign” means a sign with the purpose of conveying opinions or commentary in the marketplace of ideas and values, including but not limited to topics such as politics, sports, religion, policy, etc. “Noncommercial sign” means a sign which in no way identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, or portrays or symbolizes a good, property, or service, especially, but, without limitation, a brand or trade name, an identifiable container shape, or a trademark, within one thousand feet from a point of commercial solicitation, sale, or distribution of such good, property, or service.
For the purposes of this chapter, “public” means facilities owned and operated by the city of Brier including but not limited to city buildings, parks, and recreational areas.
For purposes of this chapter, a “sign” is any publicly displayed notice, object, or device containing letters, figures and/or other means of communication or part thereof, situated outdoors or indoors, of which the effect produced is to advertise, announce, communicate, identify, declare, demonstrate, direct, display and/or instruct potential users of a use, product and/or service, whether advertising a business, the sale or lease of property, home occupation, a political candidate or issue, or any event, or the giving of directions or location, or any such similar purpose. (Ord. 453 § 2(Exh. A)(part), 2018)
17.38.030 Signs prohibited in all zones.
The following signs are prohibited in all zones: signs mounted on trailers, or other permanent signs which are constructed to be moved; signs with exposed braces and guy wires. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 321 § 1(part), 2005)
17.38.040 Traffic impacts.
No sign shall, in any way, obstruct the vision of a motorist entering or leaving a driveway or traveled portions of the public right-of-way. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.050 Illumination.
No sign may be artificially lighted unless located within a neighborhood business or cemetery use area, or upon institutional property or public property in connection with a public facility. Artificially lighted signs must be nonflashing with no movement or simulated movement. Text shall change at a rate of three seconds or slower. Lighted signs shall be located as to not produce glare on neighboring properties nor to interfere in any way with traffic signals or traffic signs. Signs may be attached to a building provided the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.055 Subdivision, church and school signs.
Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)
17.38.060 Signs in public right-of-way.
A. Temporary signs shall be allowed in the public right-of-way, so long as such signs do not pose a traffic safety hazard and shall not block a sidewalk or walking path. All political temporary signs may be installed up to one calendar week prior to the event being promoted by the sign, and shall be removed by the person placing the sign and/or sponsor, or his or her agent or designee, within seventy-two hours following the event promoted by the sign.
B. A-board signs may be placed in the public right-of-way during daylight hours, but must be off walkways, paths, trails, and traveled portions of the right-of-way and shall be removed each day prior to dusk. No sign shall be placed on sign posts, fire hydrants, or utility poles. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.065 Construction zone signs.
Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)
17.38.070 Residential zones.
Every residential property may have six square feet of noncommercial signage per property.
Every residential subdivision may have one sign at each main entrance. The sign shall not exceed twenty square feet in size on each sign face and shall be placed on the premises. Such signs may be mounted on decorative supporting structures for which the combination of supporting structure and sign shall not exceed fifty square feet in total area and five feet in height above ground level.
Signs on properties with institutional uses in a residential zone shall not exceed twenty square feet in size on each sign face and shall be placed on the premises. Such signs may be mounted on decorative supporting structures for which the combination of supporting structure and sign shall not exceed fifty square feet in total area and five feet in height above ground level. Signs consisting of multiple individual letters mounted or painted on a structure shall be considered one sign but when combined shall not exceed twenty square feet in size. Signs may be attached to a building provided the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used on a property, the total area of signs shall not exceed twenty square feet, or fifty square feet if a supporting structure is used. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.080 Neighborhood business zone.
Neighborhood businesses may place signs on the premises of the business. Each business is allowed one A-board sign that may be located in the right-of-way directly adjacent to the business.
No sign in a neighborhood business zone shall exceed thirty square feet in size on each sign face, or exceed five feet in height above ground level, except when the sign is attached/painted on the building, in which case the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used, the total area for all of the signs shall not exceed thirty square feet. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.085 Signs prohibited in all zones.
Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)
17.38.090 Cemetery zones.
No sign in a cemetery use zone shall under any circumstances exceed thirty square feet in size on each sign face, or exceed five feet in height above ground level, except when the sign is attached to a building, in which case the sign shall not protrude above the roof or tallest side wall of the building if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used, the total area for all of the signs shall not exceed thirty square feet. For the purpose of this chapter, headstones, plaques and other engravings that note the location of burial or entombment sites are exempt from this code. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.100 Existing nonconforming signs.
Signs placed prior to the effective date of the ordinance codified in this chapter, which are in compliance as of said date may be permitted to remain; provided, however, no enlargement, reconstruction, replacement or other alteration of said sign shall be allowed without first meeting the requirements in this chapter. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.110 Variances.
Any request for a variance from the terms and conditions of this division shall be processed as a variance from the applicable zoning code requirements. Applications and fees for variances shall be on the same forms as used for other variances. In reviewing and granting any such variance, conditions including an expiration date, may be imposed as a term and condition of approval. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.120 Exemptions.
The following activities and uses are exempt from this chapter:
A. Signs located on public parks, public trails and designated public open space, including any such parks, trails and open space open to the public, whether owned and maintained by the city or by another entity.
B. Banners placed by the city of Brier promoting municipal activities and events on public facilities or in the right-of-way.
C. Signs erected by state or local government agencies or their contractors, or public utility companies to facilitate the construction, maintenance or operation of facilities or to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)
17.38.130 Violation, penalties and impoundment.
All signs in violation or nonconforming to the regulations as stated herein shall be abated within twenty-four hours of notification to the owners of such signs if known or located. If unknown or the city is unable to locate the owner, the city shall remove and impound any nonconforming sign. Any sign impounded will be held for seventy-two hours, after which time the signs may be destroyed. If impounded signs are claimed by the owner, a nontraffic civil infraction shall be issued, the penalty for which shall be as set in Chapter 1.28 BMC. The civil infraction shall be a Class A civil infraction for the first offense, a Class B civil infraction for a second offense, and a Class C civil infraction for a third offense. Failure to respond to any civil infraction and subsequent violations shall constitute a misdemeanor and may be prosecuted as such, and shall be subject to the general fines and penalties as established for violation misdemeanors in this code. (Ord. 453 § 2(Exh. A)(part), 2018)
17.38.140 Severability.
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portion of the code. (Ord. 453 § 2(Exh. A)(part), 2018)