This article is intended to regulate signs and to minimize outdoor
advertising in order to protect public safety, health and welfare;
minimize abundance and size of signs to reduce visual clutter, motorist
distraction, and loss of visibility; promote public convenience; preserve
property values; and enhance the aesthetic appearance and quality
of life of the community. The requirements contained herein are intended
to be content neutral. The following objectives are accomplished by
establishing the minimum amount of regulations necessary concerning
the size, placement, construction, illumination, and other aspects
of signs within the City of Bells in order to:
(a) Protect
the public right to receive and convey messages, including religious,
political, economic, social, philosophical and other types of information
protected by the First Amendment of the U.S. Constitution.
(b) Recognize
that the proliferation of signs is unduly distracting to motorists
and non-motorized travelers, reduces the effectiveness of signs directing
and warning the public, causes confusion, reduces desired uniform
traffic flow, and creates potential for crashes.
(c) Maintain
and improve the image of the community by encouraging signs of consistent
size which are compatible with and complementary to related buildings
and uses, and harmonious with their surroundings.
(d) Recognize
that the principal intent of commercial signs, to meet the purpose
of these requirements and serve the public interest, should be for
identification of an establishment on the premises, and not for advertising
special events, brand names or off-premise activities, as these can
be advertised more appropriately by other methods.
(e) Eliminate
potential conflicts between business signs and traffic-control signs,
thereby minimizing the potential for confusion and hazardous consequences.
(f) Enable
the public to locate goods, services and facilities without undue
difficulty and confusion by restricting the number and placement of
signs.
(g) Prevent
placement of signs which will conceal or obscure signs of adjacent
uses.
(h) Prevent
off-premise signs from conflicting with other land uses.
(i) Prevent
signs that are potentially dangerous to the public due to structural
deficiencies or disrepair.
(Ordinance 99-0928-A adopted 10/12/21)
A sign shall not hereafter be erected, re-erected, constructed, altered or maintained without receiving the proper sign permit, except as provided by section
12.03.
(Ordinance 99-0928-A adopted 10/12/21)
A sign of the following type shall be permitted without the
issuance of a sign permit, subject to all other requirements of this
Article.
(a) Device
Signs.
Permanent signs on vending machines or other containers,
provided that the sign area of each device shall not exceed three
(3) square feet.
(b) Flags.
Flags provided there shall be no more than three (3) flags per lot, the maximum size of each flag shall be 50 square feet, and the flag poles comply with height limitations of Section
2.09.
(c) Employment
Signs.
“Help wanted” signs soliciting employees
for the place of business where posted, provided that the maximum
total area for all such signs shall not exceed six (6) square feet.
(d) Enclosed
Signs.
Any sign that is located completely within a building
and is not visible from the outside.
(e) Historical
Signs.
Plaques or signs designating a building or premises
as a historic structure or premises not to exceed twelve (12) square
feet.
(f) Incidental
Signs.
Signs affixed to buildings of commercial businesses
that do not exceed four (4) square feet.
(g) Murals.
Murals shall be allowed after review and approval by Planning
and Zoning Commission.
(h) Identification
Signs.
Signs for the sole purpose of identifying an assigned
house number, owner name, occupant, or building name. Identification
signs of two (2) square feet in surface display area shall not be
counted in the total sign area allowed on the premises, however, such
signs larger than two (2) square feet shall be counted in the computation
of total sign area otherwise allowed by this Ordinance.
(i) Public
Signs.
Public signs, including the authorized signs of
a government body or public utility, including traffic signs, legal
notices, railroad crossing signs, warnings of a hazard, historical
landmark or building designation signs, and similar signs.
(j) Non-Commercial
signs on Residential Property.
Non-commercial signs on
residential property shall be permitted provided they are set back
a minimum of ten (10) feet from the public right-of-way or any lot
line and are limited to 32 square feet and do not exceed 3 signs per
lot.
(k) Traffic-Control
Signs.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising, including logos.
Driveway entry/exit signs shall only be allowed as an exempt sign
under this section where there are one-way drives or restricted turning
movements that require signage to direct motorists;
(l) Warning
signs.
“No Trespassing” and other types of
warning signs are allowed in all areas; not to exceed three (3) square
feet per sign.
(m) Window
Signs.
Window signs shall be permitted in all nonresidential
districts, up to 20% of the glass surface provided:
(1) The
area of permanent window signs shall be counted in determining compliance
with requirements for total area of wall signs.
(2) Window
signs that are faded, yellowed, ripped, or otherwise damaged shall
be removed immediately.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance adopting Code)
(a) The following signs require a permit under table 12.4 [section
12.07]. The number, display area, and height of signs within the nonresidential zoning districts are provided below and its accompanying set of additional requirements.
Table 12.1. Specific Sign Requirements
|
---|
Type of Sign
|
Max. Height
|
Max. Size (1)
|
Max. Number
|
Additional Requirements
|
---|
Awning
|
Must not exceed height of building
|
25% of awning up to a maximum of 50 sq. ft.
|
1 per awning
|
(2)
|
Billboard
|
30 ft.
|
672 sq. ft.
|
|
(3)
|
Business Center
|
12 ft.
|
72 sq. ft. per face
|
1 per street frontage
|
(4)
|
Development and Subdivision Entry
|
4 ft.
|
20 sq. ft. per face
|
1 per entrance
|
(5)
|
Gasoline Price
|
12 ft.
|
12 sq. ft. per face
|
1 per street frontage
|
(6)
|
Home Occupation
|
–
|
3 sq. ft.
|
–
|
–
|
Menu Boards (i.e. A-frame; Sandwich Boards)
|
5 ft.
|
16 sq. ft. per side
|
1 per entrance
|
–
|
Monument or Ground
|
6 ft.
|
72 sq. ft. per side
|
1 per street frontage
|
(7)
|
Multiple-family development signs
|
4 ft. unless on wall
|
12 sq. ft.
|
|
|
Parking lot
|
12 ft.
|
12 sq. ft. per side
|
1 per parking lot
|
–
|
Pole Sign
|
30 ft.
|
200 sq. ft. per side
|
1 per street frontage
|
(8)
|
Wall Mount Sign
|
Must not exceed height of building
|
10% of wall up to a maximum of 140 sq. ft.
|
1 per facade facing a street or public right-of-way
|
(9)
|
(b) Signs
noted in Table 12.1 shall comply with the following requirements:
(1) The Planning and Zoning Commission may permit a fifteen [percent] 15% increase in the allowable sign area where the site has shared access with an adjoining site in accordance with Article
10, Site Development Provisions.
(2) Awnings.
Awnings may project over the public sidewalk,
provided they are a minimum of eight (8) feet above the sidewalk and
do not obstruct the public.
(3) Billboard.
Billboards must be approved and permitted by TXDOT prior to
the City of Bells approval and shall only be permitted locally where
in compliance with all of the following requirements:
(a) Districts Allowed.
Billboards are allowed only in the
following districts: M1– Light Industrial and C2–General
Commercial zoning districts and only along State Highways.
(b) Location.
Billboards shall be constructed so that its
principal view is fully screened from an interchange area involving
merging traffic. Any billboard shall comply with the following:
1. The billboard must be constructed in such a manner as to be viewed
from the State Highway and not from local roadways, alley roads, traffic
intersections, or residential areas.
2. The premises must have a roadway easement such that the persons maintaining
and servicing the sign may reach the site without danger.
(c) Size and Configuration.
A billboard shall be constructed
according to applicable building requirements, codes, and zoning regulations,
including the following:
1. The maximum height shall be 30 feet above median ground level within
a 500 feet radius of the site.
2. The maximum sign surface area shall be 672 square feet.
3. Billboards shall be back to back or a “v” design; for
a “v” design maximum separation between sign ends shall
be 20 feet.
4. Side-by-side or deck/stacked structures shall not be permitted.
5. Billboards shall be prohibited from:
i. Extending above the tree line or horizon when viewed from any portion
of the roadway that it faces.
ii. Being located on or over the roofs of buildings.
iii.
Projecting over any public easement or right-of-way.
(d) Spacing and Separation.
A billboard shall maintain all
of the following spacing and setback requirements:
1. At least 300 feet from any residential zoning district, historic
district or outdoor park/recreational facility measured from property
lines.
2. At least 300 feet from any park, school, church, hospital, cemetery,
or government building measured from property lines.
3. The application shall include a certified site plan showing compliance
with the spacing and separation distances required by this Article.
(e) Setbacks.
Billboards shall comply with all setback requirements
for an accessory structure in the district in which they are located.
(f) Limitations on Movement.
A billboard shall be prohibited
from having moving, flashing, oscillating or other distracting parts
visible to drivers or vehicles. Rotating signs shall not be permitted.
(g) Illumination.
A billboard may be illuminated subject
to all of the following requirements:
1. Illumination must be directed in such a manner that all incidental
light generated falls on the sign face.
2. All lights must be shielded such that the light is not visible to
traffic or surrounding homes or businesses.
3. The use of animated electrical signage shall be prohibited.
4. Billboards within 400 feet of any residential district may not be
illuminated between the hours of 10:00 p.m. and 7:00 a.m.
(h) Non-used billboards.
Any billboard not in use shall
have the unused surface display a scenic view, consistent with the
area scenery or a public service display.
(i) Maintenance and Unsafe Conditions.
Any billboard that
collapses, topples or disintegrates shall be made safe within 20 days
of the event or the site shall be cleared of the debris.
(j) State Compliance Required.
All billboards shall comply
with applicable requirements and conditions [of] the State of Texas.
A billboard permit shall be first obtained from TXDOT prior to City
of Bells permit.
(k) Identification Plate.
The framework, foundations or
superstructure of the billboard shall have a metal identification
plate, as defined, firmly attached thereto.
(4) Business Centers.
Each
business center with at least 150 feet of major road frontage may
be allowed one (1) on-premises freestanding business center sign,
subject to the following:
(a) May be directly or indirectly illuminated.
(c) Shall not reduce the number of signs or sign area otherwise allowed
for the premises included within the business center but shall prohibit
any other freestanding signs from being located within the business
center.
(5) Community, Neighborhood, Development Entry Signs.
(a) Freestanding signs of low-profile design.
(b) May be directly or indirectly illuminated.
(6) Gasoline Service Stations.
Each gasoline service station may be allowed the following signs
in addition to the signs otherwise allowed by this Article:
(a) Gasoline pump signs not exceeding three (3) square feet per pump.
(b) Signage on the canopy, which shall be counted toward determining
compliance with the requirements for total allowable area of wall
signs allowed on the parcel.
(c) May contain up to two (2) pump island signs located on the structural
supports identifying “self-serve” and “full-serve”
operations, provided that such signs do not exceed four (4) square
feet in area.
(7) Monument or Ground Signs.
Monument signs shall have
a brick base and landscaping around the base of the sign.
(8) Real Estate Development Signs.
Permits for real estate
development signs shall be issued for one (1) year and may be renewed
on annual basis.
(9) Wall Signs.
(a) Sign shall not extend more than 11 inches perpendicular to the surface
of the building wall area upon which it is painted, erected, or fastened.
Wall signs may extend over a public sidewalk, provided they have a
minimum 10-foot clearance from the sidewalk to the bottom of the sign.
(b) For businesses that face directly onto adjacent public street right-of-way,
the maximum allowable wall sign area may be increased as indicated
in the table below:
Distance of Sign from ROW Line
|
Allowable Sign Area
|
---|
0 - 200 ft.
|
150 sq. ft.
|
201 - 300 ft.
|
250 sq. ft.
|
401 - 500 ft.
|
300 sq. ft.
|
501 - 600 ft.
|
400 sq. ft.
|
601 ft. +
|
600 sq. ft.
|
(c) Wall signs may be directly or indirectly illuminated.
(d) No sign shall project more than 48 inches into a public way, sidewalk,
or dedicated easement. Any such projecting sign shall be oriented
so that the face surfaces of the sign are perpendicular to the face
of the wall from which it projects, provided, however, that a sign
projecting from a point at which two walls converge to form a corner
in any direction [sic]. Projecting signs shall not exceed 2-1/2 inches
in thickness and be no larger than 16 square feet. The projecting
sign must be a minimum of 10 feet from the sidewalk to the bottom
of the projecting sign.
(Ordinance 99-0928-A adopted 10/12/21)
The following devices and locations are specifically prohibited:
(a) Unspecified
Signs.
Any signs not expressly permitted are prohibited.
(b) Commercial
Vehicles used as Signs.
Unlicensed or inoperable stationary
or abandoned motor vehicles, trailers or watercraft parked on public
or private property used specifically for signage and not for the
intended use of the vehicle are prohibited. No commercial vehicle
may be parked on a business or industrial premise for a time period
exceeding 72 hours for the intended purpose of advertising a product
or serving as a business sign.
(c) Double
Signs.
Double-wide sign structures, that is, a single
sign structure on which two or more billboards, or other type of signs,
are placed or located side-by-side and facing the same direction are
prohibited. A double stack, or deck sign structure, that is, a structure
on which two signs are placed on one pole or structure, such that
one sign is above the other and facing the same direction.
(d) Emergency
Vehicles Simulation Signs.
Signs that simulate or could
in any way be confused with the lighting of emergency vehicles or
traffic signals are prohibited.
(e) High
Intensity/Flashing Light Signs.
Signs that blink, flash,
are animated by lighting in any fashion or have the appearance of
traffic safety signs, or lights, or municipal vehicle warnings from
a distance are prohibited.
(f) Illuminated
Signs Adjacent to Residential.
Illuminated signs within
100 feet of a residential zoned district are prohibited unless it
is designed to not reflect or shine light onto the residential district.
(g) Moving/Streaming
Signs.
Rotating signs or signs having moving members
or parts, or appearance of movement are prohibited.
(h) Snipe
Signs.
Signs attached to any utility pole, light standard,
street tree or any other public facility located within the public
right-of-way are prohibited.
(i) Off-Premise
Signs.
Signs, except for billboards, which identify a
use or advertises products and services not available on the premises
on which the sign is located (e.g. garage sale signs, residential
open house signs, signs providing directions to a business) are prohibited.
(j) Portable
Signs.
Portable signs are prohibited except where expressly
allowed in this article.
(k) Roof
Signs.
Signs erected above the roof line of a building
are prohibited.
(l) Signs
that Confuse Traffic.
Signs that make use of the words
“Stop,” “Look,” “Go,” “Slow,”
“Caution,” or “Danger,” or any other words,
phrases, symbols, or characters, in such a manner as to interfere
with, mislead, or confuse traffic are prohibited.
(m) Signs
that Obstruct Access.
Signs that prevent free and unobstructed
access to any door, window, fire escape, or other required exit are
prohibited.
(n) Signs
that Obstruct Vision.
Signs located in such a manner
as to obstruct or otherwise interfere with an official traffic sign,
signal or device or obstruct or interfere with a driver’s view
of approaching, merging or intersecting traffic are prohibited.
(o) Signs
Located in Public Right-of-Way.
Signs located in, encroaching upon or overhanging public rights-of-way are prohibited, except awning, marquee and wall signs overhanging the sidewalk, as permitted in section
12.04.
(p) Structurally
Unsafe Signs.
Signs which are deemed structurally unsafe
or are constructed in violation of the requirements of any adopted
Construction Code are prohibited.
(Ordinance 99-0928-A adopted 10/12/21)
Signs which are permitted as accessory uses serving a commercial
or informational purpose may be permitted subject to the requirements
of this section.
(a) Determination
of Sign Display Area.
No sign shall exceed the maximum
sign display area allowed for a district. The sign display area is
to be expressed in square feet, computed to the nearest tenth of a
square foot, and shall be computed as follows:
(1) Single-Faced Sign.
The allowable area for a single-faced
sign shall be measured by calculating the square footage of the sign
face by enclosing the most protruding points or edges of a sign within
a parallelogram or rectangle, including any frame.
(2) Wall Signs.
Where a sign consists of individual letters
and/or a logo affixed directly to a building, the area of the sign
shall be computed by measuring the area of the envelope required to
enclose the lettering and logo.
(3) Double-Face Signs.
Where a sign has two (2) or more
faces, the area of only the larger face shall be considered when calculating
maximum size, provided all faces are part of the same structure.
(b) Setbacks.
All freestanding signs, unless otherwise provided for, shall
be set back as follows. This distance shall be measured from the nearest
edge of the sign, measured at a vertical line perpendicular to the
ground to the right-of-way.
(1) Signs
shall be set back a minimum of one (1) foot from any public road right-of-way
or easement.
(c) Design
Requirements.
(1) Architectural Features.
All signs shall be placed in
a manner that does not obstruct or intrude upon architectural features
of a building.
(2) Materials.
Sign materials shall be designed to complement
the original construction materials and architectural style of the
building facade to promote an overall unified and aesthetic effect
as permitted in the various zoning districts.
(d) Illumination.
(1) General Requirements.
Signs may be illuminated only by steady, stationary, shielded light sources using approved electrical devices directed solely at the sign, or internal to it. Signage lighting shall be subject to the lighting intensity limits specified in Article
10, Site Development Provisions.
(2) Non-glare, Shielded Lighting.
Use of glaring undiffused
lights or bulbs shall be prohibited. Lights shall be shaded and/or
shielded downward so as not to project onto adjoining properties or
thoroughfares.
(3) Traffic Hazards.
Sign illumination that could distract
motorists or otherwise create a traffic hazard shall be prohibited.
(4) Illumination by Other Sources.
Illumination by bare
bulbs, luminous tubing/neon or flames is prohibited, except that bare
bulbs are permitted on theater marquees.
(5) Electronic Changeable Message Sign.
Electronic changeable
message signs illuminated by Light-Emitting Diode (LED) or other similar
method shall be permitted, subject to the following requirements:
(a) Electronic changeable message signs shall only be permitted in nonresidential
zoning districts.
(b) Only one (1) electronic changeable message sign shall be permitted
per business.
(c) Electronic changeable message signs that are greater than 12 square
feet in area shall not be located with [within] 600 feet [of] any
other electronic changeable message sign greater than 12 square feet
in area on the same parcel.
(d) Electronic changeable message signs shall not exceed the following
illuminative brightness:
Time of Day
|
Brightness
|
---|
Within 500 feet of Residential District or Use
|
At least 500 feet from Residential District or Use
|
---|
Nighttime
|
500 nits (cd/m2)
|
1,250 nits (cd/m2)
|
Daytime
|
3,500 nits (cd/m2)
|
5,000 nits (cd/m2)
|
(e) The message on an electronic changeable message sign shall remain
static a minimum of twenty (20) seconds and shall not take longer
than one (1) second to change. If the sign is within 500 feet of a
residential use or zoning district, the message shall remain static/unchanged
from dusk until dawn.
(f) Electronic changeable message signs shall not contain any blinking,
flashing, or animated parts nor have the appearance of having any
movement or animation. The lettering and/or message components being
displayed at any given time shall not change, flash or fade to another
color. The changeable message sign shall have a default design that
will freeze the sign in a dark or blank position if a malfunction
occurs.
(g) Conversion of an existing sign to a changeable message sign shall
require a permit under this article. Electronic changeable message
signs may not be added to a nonconforming sign.
(6) Wiring.
Underground wiring shall be required for all
illuminated signs not attached to a building.
(a) If a sign is illuminated by light beamed or reflected upon it, direct
rays of light shall not beam upon any part of any existing residential
area nor into a residential district.
(e) Construction
Requirements.
The following
construction requirements apply to all permanent signs.
(1) Fastenings.
All signs must be erected in such a manner
and with such materials to remain safe and secure during the period
of use and all bolts, cables, and other parts of such signs shall
be kept painted and free from corrosion. No sign may be placed upon
a tree or utility pole/snipe signs, except signs of a unit of government
or utility.
(2) Support Location.
No pole, cable or support of any nature
shall be placed on any publicly owned property, road right-of-way,
or proposed road right-of-way.
(3) Sign Safety.
(a) All signs erected, constructed, reconstructed, altered or moved shall
be constructed in such a manner and of such materials so that they
shall be able to withstand wind pressure of at least 20 pounds per
square foot.
(b) All signs shall be erected so that any part including cables, guys,
etc. shall have a minimum clearance of four (4) feet from any electrical
conductor, electric light pole, road lamp, traffic light, or other
public utility pole or standard.
(c) All signs shall be designed to comply with minimum wind pressure
and other requirements set forth in the adopted building code. Signs
with electrical connections shall comply with electrical code requirements,
including the application, inspection, and approval of an electrical
permit.
(4) Safety Triangle.
No sign shall be located within, project into, or overhang the triangular area formed at the intersection of any two road right-of-way lines or a driveway approach, as required by Article
12 [section
2.11].
(Ordinance 99-0928-A adopted 10/12/21)
(a) A sign
permit shall be required prior to installing, changing the height,
increasing the area or structurally altering any sign for which a
permit is required. Before such a permit is issued, an inspection
shall be made to determine that the sign location complies with the
provisions of this article.
(b) As a
condition to approval of a sign permit, all signs to be located along
state road right-of-way shall obtain the proper state sign permit
or written non-objection from the Texas Department of Transportation,
and a copy shall be provided to the Planning and Zoning Commission.
(c) For
an off-premise sign, written consent of the property’s owner
or legal representative shall be submitted with the application for
a sign permit.
(d) The
sign permit shall be valid for a period of 180 days. The sign must
be installed within that time period or the permit shall expire, provided
the Planning and Zoning Commission may grant an extension for an additional
90 days. When a sign permit is issued in connection with an improvement
location permit for a structure on the site, the sign permit validity
shall run concurrent with the improvement location permit.
(e) No permit
shall be required for ordinary servicing or repainting of an existing
sign message, cleaning of a sign, or changing the message on the sign
where the sign is designed for such changes (such as lettering on
a marquee or numbers on a gasoline price sign). A permit shall not
be required for signs which are stated as being allowable without
a permit.
(Ordinance 99-0928-A adopted 10/12/21)
(a) Application
Form.
Application for a permit for a sign shall be filed
with the City Secretary and shall provide the following information:
(1) Name,
address, and telephone number of the applicant.
(2) Location
of the building, structure, or lot on which the sign is to be attached
or erected.
(3) Position
of the sign in relation to buildings, structures, and property lines
within 100 feet of the proposed sign.
(4) Plans
showing the dimensions, materials, method of construction, and attachment
to the building or in the ground.
(5) Copies
of stress sheets and calculations, if deemed necessary, showing the
structure as designed for dead load and wind pressure.
(6) Name
and address of the person, firm, or corporation owning, erecting,
and maintaining the sign.
(7) Information
concerning required electrical connections.
(8) Written
consent of the owner or lessee of the premises upon which the sign
is to be erected.
(9) Other
information required by the City Secretary to make the determination
that the sign is in compliance with all applicable laws and regulations.
(b) Application
Review.
(1) Location Improvement Permit Review.
All locations for
placement of a sign submitted in conjunction with the proposed construction
of a new building or addition to an existing building shall be reviewed
as a part of the required location improvement permit review. The
location, size and height of all existing and proposed signs must
be shown on the site plan.
(2) Planning and Zoning Commission Review.
The Planning
and Zoning Commission shall review the sign permit application for
any sign proposed on a site or existing building where no other new
construction is proposed.
(3) Issuance of a Permit.
Following review and approval
of a sign application, the Planning and Zoning Commission shall have
the authority to issue a sign permit upon payment by the applicant
of the required fees.
(4) Denial of a Permit.
The Planning and Zoning Commission
shall deny the application for any sign that does not comply with
the requirements of this article.
(Ordinance 99-0928-A adopted 10/12/21)
(a) Sign
Inspection.
(1) Responsibility for Compliance.
The owner of any property
on which a sign is located is declared to be responsible for the permit,
erection, inspection, safety, condition, and removal of a sign.
(2) Inspection of New Signs.
All signs for which a permit
has been issued shall be inspected by the Permitting Vendor when erected.
Approval shall be granted only if the sign has been constructed in
compliance with the approved plans and applicable requirements of
other ordinances and codes.
(3) Inspection before Enclosure.
In cases where fastenings
or anchorages are to be eventually bricked in or otherwise enclosed,
the sign erector/contractor shall advise the Permitting Vendor when
such fastenings are to be installed so that inspection may be completed
before enclosure.
(4) Inspection of Existing Signs.
The City Code Enforcement
Officer may, at such times as deemed necessary, inspect any sign allowed
under this section, and if upon inspection a sign is found to be unsafe
or in a condition that does not comply with all the provisions of
this section, the City Code Enforcement Officer shall give notice
of that condition to the owner of the sign and state the necessary
repairs or alterations to be made, or require removal of the sign
if not remedied by the owner.
(b) Sign
Maintenance.
(1) Maintenance of Signs.
All signs for which a permit is
required, and all supports therefor shall:
(a) Be kept in compliance with the plans and specifications filed and
approved for issuance of the construction permit.
(b) Be kept and maintained in a safe condition, consistent with adopted
building and mechanical codes.
(c) At all times conform to all the provisions of this article.
(c) Obsolete
Signs.
(1) Signs
which are no longer functional, in disrepair, or are abandoned for
more than 60 days, shall be removed, at the expense of the property
owner or sign owner on which the sign is located, within 30 days following
notice of noncompliance. The owner shall be notified by certified
mail.
(2) A
sign which no longer identifies a use, product, business or entity
located on the property, but is otherwise in conformity with the other
provisions of this ordinance, may remain in place if the sign face
is completely covered or obscured by a blank panel attached within
the frame of the sign. In such case, the sign shall be permitted to
remain for a period not to exceed 120 days. Following expiration of
the 120 days, the sign shall be removed, unless identifying a new
use, product, business or entity located on the property.
(d) Legal
Nonconforming Sign.
(1) Status.
Any sign lawfully existing at the time of the
adoption of this article that does not fully comply with all provisions
of this ordinance shall be considered a legal nonconforming sign and
may be permitted to remain as long as the sign is properly maintained
and not detrimental to the health, safety and welfare of the community,
except as herein provided.
(2) Continuance.
The nonconforming sign may continue as
long as it is not destroyed, abandoned, or discontinued under 12.09(c)
above. A sign damaged in excess of 50% of its replacement cost is
considered destroyed and shall be removed by the property owner. If
the sign is not removed, the City of Bells may remove the sign.
(3) Restrictions.
A nonconforming
sign shall not be altered or reconstructed, unless the alteration
or reconstruction is in compliance with the provisions of this article.
For the purpose of this article only, the terms “altered”
or “reconstructed” shall not include any of the following:
(b) Changing of surface sign space to a lesser or equal area.
(c) Ornamental molding, frames, trellises, or ornamental features or
landscaping below the base line.
(d) The addition, construction, installation, or changing of electrical
wiring or electrical devices.
(e) Changing backgrounds, letters, figures, or characters, or other embellishments.
(4) Nonconforming Changeable Copy Signs.
The message on
a nonconforming changeable copy sign or nonconforming bulletin board
sign may be changed provided that the change does not create any greater
nonconformity. Conversion of a nonconforming sign to an electronic
changeable message sign shall not be permitted.
(5) Substitution.
A nonconforming sign may not be replaced
with another nonconforming sign.
(Ordinance 99-0928-A adopted 10/12/21)
Any application for a sign permit or other request for action
pursuant to the regulations set forth in this Article shall be subject
to and accompanied by a fee as established by the City of Bells. Such
fees shall be collected in advance of any application review, inspection,
or issuance of any permit or approval. Upon notification of deficient
payment of fees, the City Secretary shall cause any permits to be
suspended and reject applications for new permits directly associated
with the request.
(Ordinance 99-0928-A adopted 10/12/21)