Editor’s note(s)—Ord. No. 8648, §
1, adopted June 24, 2008, amended former Ch. 7a, §§ 11-71-1—11-7a-16,
in its entirety to read as herein set out. Former Ch. 7a pertained
to similar subject matter and derived from Ord. No. 8035, § 1,
8-28-2001; Ord. No. 8262, § 2, 9-28-2004.
The purpose of this Chapter is to establish reasonable regulations
for all exterior signs and sign structures within the incorporated
limits of the City and billboard and electronic billboard signs within
the City's Extra Territorial Jurisdiction (ETJ), in order to:
(A)
Balance
the right of individuals to identify businesses and convey messages
with the right of the public to be protected against the unrestricted
proliferation of signs;
(B)
Protect
the public, health, safety and welfare;
(C)
Reduce
traffic hazards; and
(D)
Provide
for an aesthetically pleasing community.
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Any sign which was not lawfully existing at the time of adoption
of this Chapter shall not become or be made legal solely by adoption
of this Chapter. By the passage of this Chapter, no presently illegal
sign shall be deemed to have been legalized.
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(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
Except where the context clearly indicates to the contrary,
the following words and phrase shall have the indicated meaning when
used in this Chapter:
A temporary sign which has two sides, the frame or support
structure of which is hinged or connected at the top of the sign in
such a manner that the sign is easily moved and erected.
The presentation of pictorials or graphics in a progression
of frames which give the illusion of motion, including moving objects,
moving patters or bands of light, or expanding or contracting shapes.
A permanent on-premises sign for the identification of an
apartment building, housing complex, or mobile home park.
A temporary sign composed of lightweight, flexible material
on which letters, symbols or pictures are painted or printed.
An off-premises sign on which the message or copy can be
changed periodically through manual means.
An off-premises sign on which the message or copy can be
electronically changed by remote or automatic means.
A building identification sign identifies the name of the
building, but displays no goods or services for sale or other advertising.
The maximum luminous intensity of a sign, which shall not
exceed 5,000 nits (candelas per square meter) during daylight hours
or 500 nits between dusk and dawn, as measured from the sign's face.
The length of a building wall which faces a street.
A permanent roof-like shelter extending from part or all
of a building or independent of a building, including any rigid material
or cloth or fabric supported by a structural frame.
A sign that is permanently affixed to a canopy by paint,
glue, sewing, or any other type of non-structural type of attachment.
An off-premises sign on which the message or copy can be
electronically changed by remote or automatic means.
An on-premises sign, which may be erected for a limited time as defined under Section 11-7a-5(B), identifying any or all of the property owners, engineers, architects, mortgagees or other participants in the construction or improvement of the premises, but which displays no goods or services for sale or other advertising.
An on-premises sign, which may be erected for a limited time as defined under Section 11-7a-7(G), identifying and promoting one or more developments, projects or buildings proposed or currently under construction, but which displays no goods or services for sale or other advertising.
Any sign where:
The message or wording can no longer be clearly read; or
The structural support or frame members are visibly bent, broken,
dented, or torn; or
The sign face is visibly cracked or, in the case of wood and
similar products, splintered in such a way as to constitute an unsightly
or harmful condition; or
The sign or its elements are twisted or leaning or at angles
other than those at which it was originally erected (such as may result
from being blown or the failure of a structural support); or
The sign or its elements are not in compliance with the requirements
of the current electrical code and/or the building code of the City.
A sign which contains only information designed to direct
pedestrian or vehicular traffic to the location of a facility on the
property on which the sign is located. Such signs may include, but
are not limited to, arrows, words or logos. No goods or services for
sale may be listed on a directional sign.
A directory sign lists tenants in the building and may list
the name of the building, but displays no goods or services for sale
or other advertising.
A mode of message transition on an electronic sign accomplished
by varying the light intensity or pattern, where the first message
gradually reduces intensity or appears to dissipate to the point of
not being legible and the subsequent message gradually appears or
increases intensity to the point of legibility.
Any two adjacent signs on a single structure or separate
structures with both faces oriented in the same direction and not
more than ten feet apart at the nearest point between the two faces.
May be referred to as a side-by-side or stacked sign.
An on-premises sign on which the message or copy can be electronically
changed by remote or automatic means.
A unit of illuminance on a surface that is everywhere one
foot from a uniform point source of light of one candle and equal
to one lumen per square foot.
A sign made of cloth, bunting or similar material, often
attached to a pole, with specific colors, patterns, or symbolic devices,
used as a national, state or local symbol, or to indicate membership
in an organization. The term "flag" shall also include any such display
placed for decorative purposes only, with no commercial logo or advertising
message.
A sign containing an intermittent or blinking light source,
or which gives the illusion of intermittent or blinking light by means
of animation, or an externally-mounted intermittent light source.
A complete, static display screen on the entire face of an
electronic sign.
A visual effect accomplished by varying the light intensity
or pattern on the display surface of an electronic sign to attract
the attention of viewers.
A sign which is attached to or a part of a completely self-supporting
structure such as a frame or one or more poles which is not attached
to any building or any other structure and which is permanently affixed
to the ground.
An on-premises sign with changeable copy letters and numbers
or an electronic display without movement affixed to a gasoline pump
canopy or its supports or a freestanding sign with the intent to display
the current price of motor fuels.
An on-premise sign which identifies a business or which advertises
or promotes a commodity or service offered on the premises where such
sign is located.
An effect created when an illumination source shines with
sufficient brightness to cause discomfort, distract attention, or
lead to the reduction or loss of visibility or visual function of
the public.
A sign indicating public works projects, public services
or other programs or activities conducted by any governmental agency.
A permanent sign which is affixed to the ground with a maximum
height not to exceed 48 inches above natural grade.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking",
"entrance", "loading only", "telephone", an address, and other such
directives or guidance, or to provide public safety information, but
which displays no goods or services for sale or other advertising.
A permanent, on-premises sign for the identification of a
public or private school, university, church, or hospital or other
similar use.
An identifying symbol used for advertising purposes, which
may or may not be a registered trademark or service mark of the entity
identified.
The luminous flux emitted per unit solid angle from a uniform
point source whose luminous intensity is one candela.
A sign displaying the menu for drive-up window service.
A permanent sign with a display surface that is an integral
part of the support structure. Any ground sign exceeding four feet
in height or any pole sign with less than nine feet of ground clearance
or with a sign structure that is greater than two feet in width shall
be considered a monument sign.
An on-premises sign showing only the name and/or address
of the occupant.
A photometric unit defined as cd/m2 (candelas per square meter).
A sign conveying a civic, political, religious, seasonal
or personal message, or a regulatory message or warning, but which
displays no goods or services for sale or other advertising.
An on-premise sign which identifies an office building or
any or all of the owners, occupants or tenants of an office building
and the services related thereto, but which displays no goods or services
for sale or other advertising.
A sign which advertises or directs attention to a business,
product, service, or activity which is not usually available on the
premises where the sign is located.
A sign which advertises or directs attention to a business,
product, service or activity which is usually available on the premises
where the sign is located.
A temporary sign made of lightweight material which tapers
to a point, hung individually or in a series, with or without a logo
or an advertising message printed or painted on it.
A permanent sign with a display surface that is attached
to a self-supporting structure which has at least nine feet of ground
clearance and which the structure does not exceed two feet in width.
Any pole sign with a sign structure that exceeds two feet in width
shall conform with the regulations for a monument sign.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A temporary sign which is designed to permit removal and
reuse, and which includes but is not limited to A-frame and other
such signs, and signs mounted on a trailer, wheeled carrier, vehicle,
or other portable structure.
A sign which is attached or affixed to a building, wall or
structure other than a pole, and which extends more than 15 inches
from such wall or structure.
An on-premises sign consisting of alphanumeric characters
that can be changed periodically through manual means.
A temporary sign pertaining to the sale or lease of the premises,
or a portion of the premises, on which the sign is located.
A sign that is painted on or erected upon or above the roof
of a building.
The distance measured from a property line to the closest
point of the sign or its supporting structure.
An apparatus on a swivel base that projects a strong, far-reaching
beam of light.
A mode of message transition on an electronic sign where
the message appears to move vertically or horizontally across the
display surface.
A group of four or more retail and office establishments
which is planned and developed as a business center with common access
and parking.
Any structure, object, device, display or advertising artwork,
situated outdoors or in a window, visible from a public or private
street or alley, which is used entirely or in part to advertise, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, logos, fixtures, colors, illumination
or projected images.
The entire area within a single continuous perimeter enclosing
the actual message or display area of a sign, and shall include the
border and trim, but excluding the sign structure, provided that no
goods or services for sale or other advertising is displayed on the
structure.
That portion of the sign that is or can be used to identify,
display, advertise, or communicate information, or for a visual representation
which attracts or intends to attract the attention of the public for
any purpose.
The vertical distance between the highest point of the sign
or its supporting structure and the natural grade directly below the
sign.
Any structure which is designed specifically for the purpose
of supporting a sign, has supported or is capable of supporting a
sign. This definition shall include any decorative covers, braces,
wires, supports, or components attached to or placed around the sign
structure. Where any goods or services for sale or other advertisement
is displayed on the structure, then said structure shall be counted
as part of the sign area.
A sign which is tacked, nailed, posted, pasted, glued, or
otherwise attached to trees, stakes, fences, or other like objects,
the advertising matter of which is not applicable to the present use
of the premises on which the sign is located.
Any sign that physically rotates, oscillates, contains any
moving parts, or contains flashing lights, including lights flashing
in sequence.
A portion of a sign displaying the name of a product, service
or company offering goods or services on-site or having a promotional
relationship for events occurring on the premises.
A temporary display made of lightweight, flexible materials,
consisting of long, narrow, wavy strips hung individually or in a
series, with or without a logo or advertising message printed or painted
on them.
The length of the property line of a lot or tract immediately
adjacent to a public or private street, measured in feet.
An identification sign at the main entrance or entrances
to a residential subdivision or planned development project.
A sign not permanently affixed to the ground or to a building
or other structure.
A visual effect used on an electronic sign to change from
one message to another.
An electronic sign that displays motion or pictorial imagery,
including a display from a "live" source. Video display signs include
images or messages with these characteristics projected onto buildings
or other objects.
Visibility clearance areas are triangular-shaped areas as defined in Section 10-1-10 of the Midland City Code and which are located at the intersection of streets, streets and alley rights-of-way, and the intersection of streets and driveways.
A sign structure composed of two signs with the faces oriented
in opposite directions and in the general shape of the letter "V",
provided, however, that only one face can be viewed from any one direction
from any public street, and with a maximum angle between the faces
of 60 degrees.
A mural or display designed and intended as a decorative
or ornamental feature which is painted or placed directly onto a wall
or fence and which contains no copy, advertising symbols, lettering,
trademarks or other references to products, services, goods or anything
sold on-or off-premises.
A permanent sign which is painted on or attached directly
to a fence or a building surface, including window areas (translucent
areas which are visible from a street or alley), that extends not
more than 15 inches from the face of the fence or wall.
A temporary sign placed on, affixed to, painted on or located
within the frame of a transparent opening in the wall of a building.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
All signs not expressly permitted under this Chapter or exempt
from regulation are prohibited in the City. Such signs include, but
are not limited to:
(C)
Snipe
or bandit signs or any advertisement placed on trees, rocks or other
natural features.
(D)
Off-premises signs in the City limits, except billboards which shall be regulated in conformance with Section 11-7a-8
(E)
Billboards
in the City of Midland's Extra Territorial Jurisdiction (ETJ).
(F)
Signs
which advertise an activity, business, or service no longer conducted
on the premises upon which the sign is located. After a period of
three months following cessation of the business, activity, or service
on the premises, the sign face shall be obscured.
(G)
Signs which are located on any public sidewalk, street, alley, or other public property, except as outlined in Section 11-7a-7(H)6.
(H)
Projecting signs or any portion of signs which project or extend more than 15 inches over any public right-of-way, any public sidewalk, street, alley, or other public property except as outlined in Section 11-7a-7(H)6.
(I)
Roof
signs or any advertisement painted, erected or affixed on the roof
of a building.
(J)
Signs
which are located within a runway protection zone constructed to a
height that violates any maximum height restrictions established by
the United States Department of Transportation and/or the Federal
Aviation Administration.
(K)
Signs
which make use of any word, phrase, symbol, character, or illumination,
in such manner as to interfere with, mislead, or otherwise constitute
a hazard to pedestrian or vehicular traffic.
(L)
Signs
which resemble official traffic control signs, signals, or devices,
which bear words, "STOP," "Go Slow," "Caution," "Danger," "Warning,"
or similar words.
(M)
Signs
which contain reflectors or glaring, strobe, or rotating light, beacon,
beam or flashing illumination resembling an emergency signal.
(N)
Searchlights
or any type of beacon used to attract attention to a property. This
shall not prohibit the use of a searchlight by authorized personnel
for emergency purposes.
(O)
Spectacular
signs and signs which emit audible sound, odor, or visible matter.
(P)
Any sign or advertising device attached to any motor vehicle or any trailer or other structure parked on a public right-of-way, on public property, or on private property so as to be visible from a public right-of-way, the basic purpose of which sign or advertising device is to provide advertisement of a product or to direct people to a business or activity located on the same property or other property or premises, except as allowed under Section 11-7a-5(J).
(Q)
Video
display signs, except for the use on private property where such sign
is not visible from any public street.
(R)
Any
stereopticon or motion picture machine used in conjunction with or
attached to any sign in such manner as to permit the images projected
there from to be visible from any public street or sidewalk.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Permit
required:
A sign permit issued by the City building official shall be required prior to the erection, installation, repair, alteration or relocation of a sign except for routine maintenance and according to Section 11-7a-5(A). Acceptance of the permit shall require compliance by the applicant with all applicable regulations of Title IV of the Midland City Code, as amended, as well as the regulations set forth in this Chapter.
(B)
Sign
contractors bond required:
In addition to the sign permit
requirements, a surety bond in the sum of $5,000.00 shall be filed
with the building official and made conditional for the erection and/or
painting of signs in accordance with the ordinances of the City and
the laws of the State. Such bond shall provide for the indemnification
of the City and for any and all damages or liabilities that may occur
to or against the City by reason of the erection/painting, maintenance,
demolition, repair, removal, defects in or collapse of any Sign erected
by or under the direction of any such person. Such bond shall further
provide for the indemnification of any person who shall, while upon
public property of the City, incur damages for which the person erecting
such signs is legally liable by reason of the erection/painting, maintenance,
demolition, repair, removal, defects in or collapse of any such sign.
On December 31 of each year all sign bonds, except continuous bonds,
shall expire. A certificate of continuation for continuous bonds shall
be provided on or before December 31 of each year.
(C)
Licensed
electrician required:
Any sign requiring a permit and incorporating any electrical lighting or wiring shall be installed, repaired, maintained, and removed by someone who is licensed and bonded for electrical sign work in the City of Midland in accordance with Chapter 4-2 of the Midland City Code, as amended. A separate electrical permit shall be required for each such sign.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
The following signs are exempt from the permit requirements outlined in Section 11-7a-4; however, such signs shall be located on private property and shall comply with all other Chapter requirements.
(A)
Copy
change and sign face replacement, when no increase in sign area or
height is made, for signs otherwise allowed under this Chapter; not
to include however, changes proposed on a non-conforming sign or modifying
any sign to an electronic message center.
(B)
Construction
sign when placed upon the construction site following the issuance
of a building permit. Only one such sign shall be allowed per street
frontage and each sign shall not exceed 64 square feet in area. Such
sign must be removed not later than 30 days after a certificate of
occupancy is issued by the building official.
(C)
Contractor
signs identifying the contractor or subcontractor performing work
on the premises where the sign is displayed. Such signs may not exceed
a total of six square feet in area and must be removed from the premises
when the work is completed.
(D)
Directory
signs and office identification signs, up to one of each such sign
per building façade, provided that no one sign shall exceed
64 square feet in area.
(E)
Flags
of the United States, State of Texas, or any other political subdivision,
any flag or banner of a bona fide religion, fraternal or charitable
organization, and flags of corporations, subdivisions, or community
associations or organizations.
(F)
Incidental
signs, provided that such signs shall not exceed four square feet
and shall comply with all other requirements of this Section.
(G)
Nameplate
signs for residential locations, not to exceed two square feet in
area.
(H)
Non-commercial
message signs, provided that such signs shall not exceed a total of
64 square feet in area per lot and no single sign shall exceed 32
square feet in area per face and shall not exceed five feet in height
to the top from the surrounding finished grade.
(I)
On-site
directional signs and street identification signs not exceeding four
square feet which denote the entrance, exit, and direction of traffic
flow, provided that such directional signs do not contain advertising
and are not used as such.
(K)
Professional
name plates and occupational signs, when attached to the building
face and which denote only the name and occupation of an occupant
in a commercial building or public institutional building and not
exceeding four square feet per sign area.
(L)
Signs
painted on or attached to any vehicle or trailer or other portable
structure, provided that:
1.
Such
a sign merely identifies the vehicle or trailer or other portable
structure as belonging to such business by displaying the name, address,
and/or contact information of such business, and/or generally identifies
the type of product or service offered by such business, but which
includes no specific advertisement of goods or services for sale;
and
2.
The
primary use of such vehicle or trailer or other portable structure
is for the transportation of products or the delivery of services
in connection with such business; and
3.
Such
vehicle or trailer or, if applicable, other portable structure, is
currently licensed and inspected in the State of Texas and is in operable
condition; and
4.
Such vehicle or trailer or other portable structure does not remain parked for longer than 72 consecutive hours on the same property. Any such vehicle or trailer or other portable structure parked for longer than 72 consecutive hours on the same property shall be considered a temporary sign subject to Section 11-7a-11.
(N)
Signs
on fences or other structures within public parks or signs that are
positioned internally within public or private play fields, provided
that no one sign shall exceed 32 square feet in area.
(O)
Signs
prepared by or for the local, state or federal government, including
sites or buildings of historical significance.
(P)
Temporary signs advertising garage sales as defined in Section 6-1-22 of the City Code, provided that such signs shall be removed within one day following the sale and shall not be placed on public property or utility poles.
(Q)
Traffic
or street signs, legal notices, public utilities, railroad crossing
signs, danger, and such emergency, temporary or non-advertising signs
as approved by the City of Midland, may be located in the public right-of-way.
(R)
Window
signs of a temporary nature only.
(S)
Wall
decorations and works of art that do not include a commercial message.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Purpose.
The purpose of a master sign plan is to allow a property owner
or developer, subject to approval of the City, the option of designating
an area that will allow flexibility in sign location due to peculiarities
in the location or configuration of parcels of real property, such
as parcels with no street frontage, or multiple parcels organized
into combined uses, or to allow creative sign management in exchange
for a cumulative reduction in sign area, sign height or the total
number of signs.
(B)
Minimum
requirements.
To qualify for a master sign plan, an area
must:
(C)
Required
submittals.
In order to obtain a master sign plan, the
owner(s) of the property located within the proposed master sign plan
area must sign and submit an application to the City's department
of engineering and development, planning division, on a form provided
by the planning division, which application must be accompanied by
the following:
1.
A
site plan showing the proposed boundaries of the master sign plan
area.
2.
A
site plan showing the location of all existing or proposed freestanding
signs.
3.
A
table showing the type, square footage and heights of each sign indicated
on the site plan.
4.
The
application fee established by the City for the processing of such
applications.
Upon completion of the application, the planning division shall
forward the master sign plan to the planning and zoning commission
for final consideration.
(D)
When
effective.
A master sign plan shall not become effective
until all owners of the property within the master sign plan area
have signed an agreement which indicate the property owners' agreement
that:
1.
The
master sign plan can be amended only by the written consent of all
parties or their successors, and the City.
2.
The
agreement is binding on all successors in interest to the property
within the master sign plan area.
3.
Each
party waives any right to apply for or install any sign inconsistent
with the provisions of the master sign plan, even though such sign
might otherwise be allowed under this Chapter.
(E)
Single
premises.
Once approved, the area described in the master
sign plan will be deemed to be a single premises for the purpose of
determining whether a sign is an on-premises sign. A sign which advertises
a use on a lot within the master sign plan area which is not a use
which occurs on that lot shall be termed a master sign plan ("MSP")
sign. The use advertised on an MSP sign shall be defined as an MSP
use.
(F)
City
review ofsigns.
All freestanding signs included within
a master sign plan area shall be individually subject to review and
approval of placement, size and height, as approved by the City of
Midland.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
In addition to all permit requirements and other regulations
contained in this Chapter, the following regulations shall be applicable
to all permanent signs.
(A)
Illumination.
1.
Light
from any exterior source intended to illuminate a sign:
a.
Shall be shaded, shielded, or directed in such a way so that the
light intensity or brightness shall not adversely affect the vision
of pedestrian or vehicle operators on public or private streets, driveways,
or parking areas, or operators of aircraft in the approach path to
any airport runway; and
b.
Shall not contain flashing lights.
2.
Illumination
from any sign:
a.
Shall not interfere with the effectiveness of any official traffic
sign, signal or device.
b.
Shall not contain flashing lights.
c.
Shall not exceed 0.3 foot candles between dusk and dawn, as measured
from the sign's face at ground level at the following distances:
i.
Signs greater than zero square feet and not greater than 100 square
feet shall be measured at 100 feet from the source.
ii.
Signs greater than 100 square feet and not greater than 300 square
feet shall be measured at 150 feet from the source.
iii.
Signs greater than 300 square feet shall be measured at 200 feet
from the source.
3.
The
display face of an illuminated billboard shall face away at a 45-degree
angle from any AE, CE, 1F-1, 1F-2, 1F-3, MH, TH, 2F, MF-1, or MF-2
zoning districts.
4.
Electronic
message displays and electronic billboards must have an electronic
control to produce the required illumination change required in subparagraph
2.
(B)
Maintenance
and removal.
1.
All
signs must be maintained in a safe, readable condition. Signs which
are determined by the building official to be in a dilapidated, deteriorated,
or otherwise unsafe condition, shall not be allowed to remain on any
premises.
2.
For
any sign so designated as dilapidated, deteriorated, or otherwise
unsafe, written notice shall be given to remove the sign or bring
the sign into compliance with this ordinance, as follows:
a.
Any written notice to alter or to remove a sign shall be given by
the building official by certified mail, return receipt requested,
or written notice served personally upon the owner, lessee, or person
responsible for the sign, or the owner's agent; and
b.
If such order is not complied with within 15 working days after the
written notice is sent, the building official may initiate proceedings
to revoke the permit and remove the sign at the expense of the owner,
lessee, or person responsible for such sign.
(C)
Foundation
requirements.
All monument signs and freestanding pole
signs that exceed 30 feet in height shall have the foundation plan
prepared by a professional engineer.
(D)
Calculating
sign area.
1.
Back-to-back
signs.
Only one side of a back-to-back sign is measured
in calculating sign area.
2.
V-type
signs.
a.
Only the largest face of a V-type sign shall be measured in determining
the total sign area of the sign.
b.
If a two-face sign is erected in a "V" shape, both faces of which
can be seen from the same public street, or are at an angle of greater
than 60 degrees to each other, then such sign is not a V-type sign,
and shall be considered two separate signs for all purposes under
this Chapter.
3.
Canopy
signs:
The area of canopy sign shall count towards the
total area of wall signs allowed on a property.
4.
Use
of advertising on a sign structure.
Any portion of a
sign structure that is used for advertising shall be calculated as
part of the allowed freestanding sign area.
(E)
Setback
requirements.
1.
Ground
and pole signs.
Except as regulated elsewhere in this
Chapter, there shall be no minimum setback from property lines for
a ground or pole sign, provided that no portion of a sign face shall
overhang into the public right-of-way.
2.
Maximum
width of a pole sign.
A sign that is attached to a structure
that exceeds two feet in width shall be considered a monument sign.
3.
Monument
signs.
All monument signs must be installed or constructed
with a minimum ten-foot setback from the property line.
(F)
Use
of an electronic message center (EMC) sign.
1.
Operational
limitations.
a.
The display of a static message or image and the use of scroll/travel
to display a message or image shall be permitted.
b.
The use of any other type of transition, such as dissolve/fade, and
the use of frame effects, such as animation whereby text or graphics
appear to move or change in size, shall be prohibited except in accordance
with the following:
2.
Size
limitations.
In all cases, the use of an electronic message
center (EMC) shall count toward the total area of signs allowed on
a property.
a.
In the AE-MF-2 Districts a sign permit may be issued for property
occupied by a conforming, non-residential use in accordance with the
following:
i.
An EMC shall not exceed 24 square feet in area.
ii.
The EMC may be a single-face or back-to-back sign. The use of a double-faced
EMC (side-by-side or stacked) is prohibited.
iii.
The maximum height of a freestanding EMC shall be 15 feet.
iv.
For an EMC mounted on a pole, a clearance of not less than seven
feet from the bottom of the EMC shall be required.
b.
In the O-1, Office and less restrictive zoning districts:
i.
The area of an EMC shall be limited to 15% of the total area of signs
permitted for the property or 42 square feet, whichever is less.
ii.
The maximum height of a freestanding EMC shall be 20 feet.
iii.
For an EMC mounted on a pole, a clearance of not less than nine feet
from the bottom of the sign shall be required.
c.
For a property which (a) has street frontage on Loop 250, FM 1788,
or Highway 191 west of Loop 250, and (b) is located in an LR-1, Local
Retail District or less restrictive zoning district, the following
shall apply:
i.
The area of an EMC shall be limited to 20% of the total signs allowed
for the property or 75 square feet, whichever is less.
ii.
The maximum height of a freestanding EMC shall be 30 feet.
iii.
For an EMC mounted on a pole, a clearance of not less than nine feet
from the bottom of the sign shall be required.
d.
For a property which (a) has street frontage on Interstate Highway
20 and (b) is located in an LR-1, Local Retail District or less restrictive
zoning district, the following shall apply:
i.
The area of an EMC shall be limited to 20% of the total signs allowed
for the property or 75 square feet, whichever is less.
ii.
The maximum height of a freestanding EMC shall be 40 feet.
iii.
For an EMC mounted on a pole, a clearance of not less than nine feet
from the bottom of the sign shall be required.
(G)
Development
sign.
Development signs shall be allowed in all zoning
districts provided that:
1.
Only
one such sign shall be allowed per street frontage and each sign shall
not exceed 128 square feet; and
2.
Such
signs may be placed no earlier than 90 days prior to construction;
and
3.
All
such signs must be removed within 30 days upon the receipt of a certificate
of occupancy for the project or upon the completion of 90 percent
of the project; and
4.
The
use of an electronic message center as a development sign shall be
prohibited.
(H)
General
business sign.
1.
In
the AE - MF-2 Districts, a sign permit may be issued for property
occupied by a conforming, non-residential use in accordance with the
following:
a.
For a residential subdivision, two freestanding identification signs
shall be allowed at each main entrance to the subdivision, provided
that the sign area of any one sign shall not exceed 64 square feet
and the total sign area shall not exceed 100 square feet. Such signs
may be externally illuminated in accordance with paragraph (A) above,
and shall make no reference to the sale or lease of the lots or houses
located within said subdivision.
c.
For institutional uses and all other non-residential uses:
i.
One electronic message center shall be allowed per property.
ii.
One freestanding business sign shall be allowed per street frontage,
not to exceed 120 square feet for any one sign.
iii.
The use of an EMC as any portion of a freestanding sign shall be
in compliance with paragraph (F) above.
iv.
The maximum height for a freestanding sign shall be 15 feet. No sign
may be placed on a berm or other structure so as to artificially increase
the height.
v.
Wall signs shall not exceed 50 square feet or 15 percent of the area
of the wall to which such signs are painted or affixed, whichever
is less, except that the use of an EMC as wall sign shall comply with
paragraph (F) above.
vi.
No illuminated wall sign shall be permitted on the rear or side of
the building that is adjacent to a residential use.
2.
In
the O-1 and O-2 Districts, except for buildings over five stories,
see paragraph 7 below:
a.
One electronic message center shall be allowed per property.
b.
One freestanding sign shall allowed per street frontage. The use
of an EMC as any portion of a freestanding sign shall be in compliance
with paragraph (F) above.
d.
Wall signs shall not exceed 50 square feet or 15 percent of the area
of the wall to which such signs are painted or affixed, whichever
is greater, except that the use of an EMC as wall sign shall comply
with paragraph (F) above.
e.
No illuminated wall sign shall be permitted on a side of a building
where said sign would be adjacent to a residential use.
f.
No wall sign shall be permitted on the rear of the building where
said sign would be adjacent to a residential use.
g.
On property with a single street frontage of less than 150 feet in
length, the combined area of freestanding and wall signs shall not
exceed one and one-half times the length of street frontage of said
property, up to a maximum of 180 square feet, provided that no one
sign shall exceed 120 square feet in area. In all cases, a minimum
of 60 square feet cumulative sign area shall be allowed.
h.
On property with a single street frontage of 150 feet or more in
length, the combined area of freestanding and wall signs shall not
exceed 240 square feet, and no one sign shall exceed 120 square feet
in area;
i.
On property with multiple street frontages, the length of each street
frontage shall be used to calculate total sign area according to subparagraphs
g or h above, provided that the cumulative area of all signs shall
not exceed 300 square feet, and that no one sign shall exceed 120
square feet in area.
3.
In
the NS District and less restrictive districts, except for buildings
in the C-1 District, see paragraph 6 below, and for buildings over
four stories, see paragraph 7 below:
a.
One electronic message center shall be allowed per property.
b.
One freestanding sign shall be allowed per street frontage. The use
of an EMC as any portion of a freestanding sign shall be in compliance
with paragraph (F) above.
d.
Wall signs shall not exceed 50 square feet or 15 percent of the area
of the wall to which such signs are painted or affixed, whichever
is greater, except that the use of an EMC as wall sign shall comply
with paragraph (F) above.
e.
No wall sign shall be permitted on the rear of the building where
said sign would be adjacent to a residential use.
f.
Gasoline price signs shall not be counted toward the total sign area
for the property, provided that no more than one such sign, up to
20 square feet in area, shall be allowed per street frontage.
g.
Freestanding menu boards for drive-through service that do not exceed
32 square feet in area and six feet in height shall not be counted
against the allowable total.
h.
On property with a single street frontage of less than 150 feet in
length, the combined area of freestanding and wall signs shall not
exceed one and one-half times the length of street frontage of said
property, up to a maximum of 240 square feet, provided that no one
sign shall exceed 180 square feet in area. In all cases, a minimum
of 60 square feet cumulative sign area shall be allowed.
i.
On property with a single street frontage of 150 feet or more in
length, the combined area of freestanding and wall signs shall not
exceed 300 square feet and no one sign shall exceed 180 square feet
in area.
j.
On property with multiple street frontages, the length of each street
frontage shall be used to calculate total sign area according to subparagraphs
h and i above, provided that the cumulative area of all signs shall
not exceed 360 square feet, and that no one sign shall exceed 180
square feet in area.
4.
Shopping
center/office center developments.
a.
Only freestanding signs shall be calculated against the total sign
area allowed on the property, provided that all wall signs are in
compliance with subparagraphs 3d and 3e above;
b.
The use of any electronic message center sign shall be allowed in
compliance with paragraph (F) above;
c.
One freestanding sign, the area of which may be two times the length
of the street frontage up to a maximum of 180 square feet, may be
installed on each street frontage, provided that the total sign area
of all freestanding signs on said property shall be 400 square feet.
d.
In addition to the other signs otherwise permitted by this Chapter,
one sign with a maximum area of 250 square feet, which only identifies
an on-premises movie theater and advertises current and future movie
attractions at said theater, may be installed at a shopping center.
5.
Motor
vehicle and heavy equipment dealerships.
Car, truck,
motorcycle, boat, recreational vehicle, mobile home, or construction
equipment dealerships located on an individual lot or combined lots
or parcels:
a.
Only freestanding signs shall be calculated against the total sign
area allowed on the property, provided that all wall signs are in
compliance with subparagraphs 3d and 3e above;
b.
The use of any electronic message center sign shall be allowed in
compliance with paragraph (F) above;
c.
One freestanding sign shall be allowed for each 150 feet of street
frontage, provided that the area of any one sign shall not exceed
200 square feet, and the total area of all freestanding signs on the
property shall not exceed 500 square feet.
6.
C-1,
Central Area District:
a.
Signs located on any public sidewalk, street, alley, or other public
property shall be allowed only with approval of a permit from the
Director of Transportation. The area of such a sign shall be calculated
as a freestanding sign.
b.
Signs which project or extend more than 15 inches over any public
sidewalk, street, alley, or other public property shall be allowed
provided that such signs (a) shall not extend into the public right-of-way
for a distance of more than ten feet or less than 18 inches from the
back of the street curb, whichever is more restrictive, and (b) shall
have a minimum clearance of nine feet above the sidewalk grade or
ground level. The area of such projecting signs shall be calculated
as a wall sign.
7.
Multi-story
buildings.
The following shall apply to all buildings
over four stories in the C-1 District and to buildings over five stories
in the O-1 or less restrictive zoning districts.
a.
One building identification wall sign, up to 200 square feet in area,
shall be allowed per building façade.
b.
One building identification freestanding sign, up to 100 square feet
in area, shall be permitted per property, provided such sign is an
on-premises sign located on private property.
c.
In addition to subparagraph a above, wall signs shall be limited
to two per building façade, not to exceed 50 square feet or
15 percent of the area of the wall to which such signs are painted
or affixed, whichever is greater, except that the use of an EMC as
a wall sign shall comply with paragraph (F) above. The total area
for all wall signs shall not exceed 400 square feet per building.
8.
Loop
250, FM 1788, and portions of Highway 191 frontage.
A
property which (a) has street frontage on Loop 250, FM 1788, or Highway
191 west of Loop 250, and (b) is located in an LR-1, Local Retail
District or less restrictive zoning district, may have one on-premises
freestanding sign which exceeds the 30-foot height specified in subparagraph
3 above subject to the following regulations:
a.
The height of such sign, which must be located adjacent to the Loop
250 frontage, shall not exceed 37 feet.
b.
No portion of the sign or support shall be less than 75 feet from
the boundary of a property zoned MF-2, Multi-Family Dwelling District
or more restrictive.
c.
All signs must be placed and comply with state and federal regulations,
even if more restrictive than the foregoing regulations.
d.
No sign described in this subsection shall be placed in any airport
runway protection zone.
9.
Interstate
Highway 20 frontage.
A property which (a) has street
frontage on Interstate Highway 20 and (b) is located in an LR-1, Local
Retail District or less restrictive zoning district, may have one
on-premises freestanding sign which exceeds the 30-foot height specified
in subparagraph 3 above, subject to the following regulations:
a.
The height of such sign, which must be located adjacent to the Interstate
Highway 20 frontage, shall not exceed 50 feet.
b.
The maximum sign area shall be 400 square feet.
c.
No portion of the sign or support shall be less than 15-feet from
any adjacent right-of-way.
d.
No portion of the sign or support shall be less than 100-feet from
the boundary of a residential zoning district.
e.
All signs must be placed in compliance with state and federal regulations,
even if more restrictive than the foregoing regulations.
f.
No signs described in this subsection shall be placed in any airport
runway protection zone.
(I)
Planned
districts.
Any property located within a planned district,
or governed by a specific use permit, may be subject to additional
regulations beyond those in this Section. Said regulations may be
either more or less restrictive than those set out herein.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Prohibition.
Billboards and electronic billboards are hereafter prohibited in the City's extra territorial jurisdiction (ETJ) but may be located within the City limits in accordance with Chapter 11-1 of the City Code and in compliance with the following restrictions. All such signs must be placed in conformity with state and federal regulations, even if such are more restrictive than the following regulations.
(B)
Special
control areas.
1.
New
billboards and electronic billboards are prohibited within the following
special control areas:
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a. Midland Protection Zone
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The area located within the following boundaries:
• Western Boundary: 500 feet west of the centerline of
Loop 250, except where the western corporate limits of the City of
Midland lie to the east of this location, in which case the western
corporate limits of the City of Midland shall be the Western Boundary.
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• Northwestern and Northern Boundaries: 500 feet northwest
and 500 north of the centerline of Loop 250.
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• Eastern Boundary: The eastern corporate limits of the
City of Midland.
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• Southern Boundary: Interstate Highway 20, except where
the southern corporate limits of the City of Midland lie to the north
of Interstate Highway 20, in which case the southern corporate limits
of the City of Midland shall be the Southern Boundary. However, the
Midland Protection Zone does not include property fronting on Interstate
Highway 20 or within 500 feet of the centerline of Interstate Highway
20.
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b. Big Spring Street (Business State Highway
349-C and State Highway 349)
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The area located within 300 feet of either side of the centerline
of Business State Highway 349-C and State Highway 349 (commonly known
as Big Spring Street), from Loop 250 north to the corporate limits
of the City of Midland.
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c. Andrews Highway (State Highway 191)
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The area located within 300 feet of either side of the centerline
of State Highway 191 (commonly known as Andrews Highway) from Loop
250 west to the corporate limits of the City of Midland.
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2.
The
following rules shall apply to replacement of billboards and electronic
billboards in special control areas:
a.
An existing billboard may be replaced one time.
b.
An electronic billboard may be used to replace an existing billboard
or electronic billboard one time, provided that the person seeking
to replace the existing billboard or electronic billboard removes
two other billboards, electronic billboards, or combination thereof
which are located within Special Control Areas.
(C)
Annexation.
In addition, any land which is in the City's ETJ as of the effective date of this ordinance and henceforth and is subsequently annexed by the City shall remain subject to the billboard prohibition under this ordinance regardless of any zoning classification established for said land. Any billboard which was legally in existence on any property prior to annexation of said property into the City limits or prior to the expansion of the City's ETJ shall become non-conforming and shall be subject to Section 11-7a-9.
(D)
Compliance.
1.
Permits
required.
a.
A sign permit and a specific use permit with term shall be required
prior to constructing any new billboard or modifying any legally conforming
billboard, all of which shall be in compliance with the requirements
set forth herein. The requirement of a specific use permit with term
shall apply notwithstanding zoning district regulations or any other
provisions in this Code.
b.
A new sign permit and a new specific use permit with term for a billboard
must identify the proposed location by latitude and longitude coordinates.
c.
An application for a specific use permit with term under this Subsection shall be subject to the rules and procedures set out in Section 11-1-9.07 of this Code. The Council shall not vote on granting or denying the specific use permit with term at the Council meeting when the public hearing is held. At the conclusion of the public hearing, the Council shall allow 30 days for written input from the public, the owner of the property identified in the application, and the specific use permit with term applicant. All written material shall be submitted to the City Manager. A majority vote of the Council is required to pass an ordinance granting a specific use permit with term under this Subsection.
d.
In no case shall a billboard be allowed in an area in which billboards
are prohibited by current zoning district regulations.
e.
Billboards advertising on-premises goods or services shall be considered
on-premises signs and shall comply with on-premises sign regulations.
2.
Minimum
separation.
No proposed billboard location may be approved
which is:
a.
Within 1,500 feet of either an existing billboard or property zoned
with a specific use permit with term or a specific use permit without
term for location of a billboard; or
b.
Within 1,500 feet of either an existing electronic billboard or property
zoned with a specific use permit with term or a specific use permit
without term for location of an electronic billboard; or
c.
Within 150 feet of an on-premises sign on the same property or abutting
property.
3.
Maximum
height.
The maximum height of a billboard shall be 30
feet, except for a billboard located on property fronting on Interstate
Highway 20, which shall have a maximum height 42.5 feet.
4.
Maximum
sign area.
The total area of each sign face of a billboard
shall not exceed the following:
5.
Limits
of sign faces.
A billboard shall be limited to a single
face viewed from any one direction. The use of a double-faced billboard
(side-by-side or stacked) is prohibited.
6.
Lighting.
Exterior lighting shall be shielded to prevent glare. No external
lighting shall be used to illuminate a nonconforming sign.
7.
Setback
and side yard requirements.
a.
A billboard must comply with the same side yard and setbacks required
for buildings in the zoning district in which it is located;
b.
No portion of the billboard or its support shall be closer than 150
feet from the boundary of a property used for residential purposes
or zoned MF-2, Multiple-Family Dwelling District or more restrictive.
(E)
Non-conforming
billboards.
Any legally existing billboard which does not comply with these restrictions shall become a non-conforming sign and shall be regulated in conformance with Section 11-7a-9. A non-conforming billboard may not be enlarged beyond its present size or modified to an electronic billboard without forfeiting its non-conforming status.
(F)
Electronic
billboards.
1.
Permits
required:
a.
A sign permit and a specific use permit with term shall be required
prior to constructing any new electronic billboard or modifying any
legally conforming electronic billboard, all of which shall be in
compliance with the requirements set forth herein. The requirement
of a specific use permit with term shall apply notwithstanding zoning
district regulations or any other provisions in this Code.
b.
A new sign permit and a new specific use permit with term for an
electronic billboard must identify the proposed location by latitude
and longitude coordinates.
c.
An application for a specific use permit with term under this Subsection shall be subject to the rules and procedures set out in Section 11-1-9.07 of this Code. The Council shall not vote on granting or denying the specific use permit with term at the Council meeting when the public hearing is held. At the conclusion of the public hearing, the Council shall allow 30 days for written input from the public, the owner of the property identified in the application, and the specific use permit with term applicant. All written material shall be submitted to the City Manager. A majority vote of the Council is required to pass an ordinance granting a specific use permit with term under this Subsection.
d.
In no case shall an electronic billboard be allowed in an area in
which billboards are prohibited by current zoning district regulations.
e.
Electronic billboards advertising on-premises goods or services shall
be considered on-premises signs and shall comply with on-premises
sign regulations.
2.
Minimum
separation.
No proposed electronic billboard location
may be approved which is:
a.
Within 1,500 feet of either an existing billboard or property zoned
with a specific use permit with term or a specific use permit without
term for location of a billboard; or
b.
Within 1,500 feet of either an existing electronic billboard or property
zoned with a specific use permit with term or a specific use permit
without term for location of an electronic billboard; or
c.
Within 150 feet of an on-premises sign on the same property or abutting
property.
3.
Maximum
height.
The maximum height of an electronic billboard
shall be 30 feet, except for an electronic billboard located on property
fronting on Interstate Highway 20, which shall have a maximum height
42.5 feet.
4.
Maximum
sign area.
The total area of each sign face of an electronic
billboard shall not exceed the following:
a.
672 square feet for an electronic billboard located on property fronting
Interstate Highway 20.
b.
400 square feet for an electronic billboard located on property fronting
US Route 80.
c.
300 square feet for an electronic billboard located on property fronting
a street other than Interstate Highway 20 or US 80.
5.
Limits
ofsign faces.
An electronic billboard shall be limited
to a single face viewed from any one direction.
6.
Setback
and side yard requirements.
a.
An electronic billboard must comply with the same side yard and setbacks
required for buildings in the zoning district in which it is located.
b.
No portion of an electronic billboard or its support shall be closer
that 200 feet from the boundary of a property used for residential
purposes or zoned MF-2, Multiple-Family Dwelling District or more
restrictive.
7.
Lighting.
No external lighting shall be used to illuminate an electronic
billboard.
8.
Prohibitions:
An electronic billboard:
9.
Operation
requirements:
a.
An electronic billboard shall display static messages only in compliance
with the following:
b.
An electronic billboard shall not be configured to resemble or simulate
a warning or danger signal or any official lights or signs used to
control traffic.
c.
An electronic billboard shall not display light of such intensity
to cause glare, impair vision, or otherwise result in a nuisance to
the public. An electronic billboard shall:
i.
Comply with Section 11-7a-7(A)2; and
ii.
Be equipped with both a dimmer control or other such electronic control
and a photocell or other such automatic control, which will produce
the required illumination change according to natural ambient conditions.
d.
An electronic billboard shall contain a default mechanism that will
freeze the sign in one position if a malfunction occurs.
10.
Emergency notification:
a.
The City of Midland, through appropriate personnel, may protect public
health, safety, and welfare by requiring emergency information to
be displayed on electronic billboards.
b.
Upon notification, the operator of an electronic billboard shall
display emergency information such as Amber Alert notices or other
public safety alerts.
c.
Emergency information messages are to remain in rotation according
to the protocols of the designated issuing agency.
(G)
Takings
determination.
1.
Any
aggrieved person who believes that an action taken pursuant to this
Section by the City Council or any officer or employee of the City
constitutes a taking under the Texas or United States Constitution
or under other state law, may file an application with the City Council
requesting a takings determination.
2.
The
applicant seeking a takings determination from the City Council shall
file his or her appeal with the office of the City Secretary. The
City Secretary shall then forward the appeal to the City Council for
consideration. An appeal fee in the amount of $250.00 dollars shall
accompany each filing.
3.
The
appeal shall state the reasons that the applicant believes would support
a finding that the City's actions constitute a taking under the Texas
or United States Constitution or pursuant to other state law and shall
include evidence substantiating the purported diminution in value
of the applicant's real property.
4.
If
the City Council finds by a majority vote in favor of the applicant
it may: (1) grant the relief requested, or (2) direct the City Manager
to rescind action taken by City staff that formed the basis of the
takings determination appeal. If the City Council denies the appeal,
the applicant may appeal the decision or inaction of the City Council
to the county or district court of the county in which the affected
real property is located within 30 days of the date that the City
Council issued its final decision. If after a favorable determination
the City Council fails to take action as specified above, the applicant
may appeal inaction of the City Council to the county or district
court of the county in which the affected real property is located
after the expiration of 120 days from the date the application is
heard by the City Council.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Non-conforming
signs defined.
A non-conforming sign is any sign which
was lawfully erected prior to the effective date of this ordinance
governing signs in the City of Midland and in the City's extra territorial
jurisdiction, but which is no longer in compliance with such regulations
due to either a change in such regulations or a change in the City's
boundaries.
(B)
Operational
limitations of non-conforming electronic message center signs.
Any non-conforming electronic message center sign shall be allowed to remain as a legal non-conforming sign if structural changes or removal are required in order to bring said sign into compliance; however, operation of the electronic portion of said sign must be brought into compliance as defined in Section 11-7a-7(F).
(C)
Loss
of legal non-conforming status.
A non-conforming sign
shall immediately lose its non-conforming designation and must be
brought into compliance with these regulations, or be removed, if:
1.
The
sign structure is replaced; this shall not prevent the replacement
of the face(s) to accommodate a new business, express a different
message, or upgrade conditions, except that no such sign may be modified
or otherwise converted to an electronic message center; or
2.
The
sign is relocated; or
3.
The
sign is part of an establishment that discontinues its operation for
a period of six months or longer; or
4.
The
sign is damaged or structurally altered to an extent greater than
60 percent of the current estimated replacement value.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
Political signs may be erected and maintained as follows:
(A)
Stake signs.
Signs with an area not exceeding 30 inches
by 30 inches and installed on a stake at a height not more than 36
inches above the adjacent grade may be located on any private property
within the City.
(B)
Other political signs.
Political signs with a sign area
not exceeding four feet by eight feet in size may be located on any
private property within the City provided that:
(C)
Oversize political signs.
Any political sign larger than that referred to in subsection (B) above must be located in a C-2, Commercial District or less restrictive zoning district and must not exceed 64 square feet.
(D)
Time limit for display.
Political signs may be erected
not earlier than 120 days preceding the election to which the sign
pertains and must be removed not later than 14 days following the
day of such election.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Applicability of section.
The following regulations
shall be applicable to all temporary signs, as defined herein, except
as follows:
2.
Non-illuminated real estate signs, as specified in Section 11-7a-5(M).
3.
Portable signs owned and leased by portable sign company licensees as defined in Section 11-7a-11(C) in accordance with the following:
a.
Such signs will continue to be permitted pursuant to Ordinance 7484
until January 1, 2005.
b.
Until January 1, 2005, any permit issued to a portable sign company licensee shall not apply as part of the regulations governing other temporary signs contained in Section 11-7a-11(B) below.
c.
After January 1, 2005, all portable sign permits will be issued pursuant to Section 11-7a-11(B), below.
(B)
Permits required.
It shall be unlawful for any person
to place or locate any temporary sign on any property within the City,
or allow the placement or location of any temporary sign on premises
within the City owned or controlled by such person, unless a permit
for such temporary sign and such location has first been obtained
from the City building official in accordance with all regulations,
including the following:
1.
One
temporary sign permit is required for the placement of a temporary
sign on a lot or tract within the City for a promotional period not
to exceed:
a.
One 60-day period; or
b.
Two 30-day periods; or
c.
Four 15-day periods, each calendar year per legal business; provided
that under options b and c, no permit shall be issued for the placement
or location of any temporary sign for any tract of land within the
City stated in a previously issued permit until a period of 30 days
has elapsed since the term of duration of the previous permit has
expired.
2.
In
the case of a special promotion for a grand opening celebration, one
additional seven-day period shall be allowed provided the promotion
commences within the first three months of the date of issuance of
a certificate of occupancy and the grand opening is limited to the
address noted on the certificate of occupancy.
3.
A
temporary sign may be one of the following: a portable sign; or a
banner; or pennants; or streamers; or balloons; or any legal on-premises
sign allowed by this Chapter.
4.
A
legal business shall include apartment complexes and any commercial,
industrial, or institutional use for which the building official has
issued a certificate of occupancy.
5.
When
more than one legal business exists on the same lot or tract, one
such business may place one permitted temporary sign on said lot or
tract, provided a period of 30 days has elapsed since a previously
permitted temporary sign was removed.
6.
A
temporary sign which exceeds 30 square feet in area shall not be permitted
for any location within 150 feet of a legally existing temporary sign.
7.
An
annual permit fee of $50.00 shall be charged to each business upon
application for a temporary sign permit, except that portable sign
company licensees shall not be charged permit fees for portable signs.
8.
A
separate temporary sign permit is required for each promotional period
used; however, after the annual fee of $50.00 is paid, no additional
fee is required for a one year term.
9.
If
a temporary sign is installed prior to issuance of a permit, an investigation
fee of $75.00 will be assessed in addition to the permit fee.
(C)
License required for portable sign businesses.
It shall be unlawful for any person to engage in the business of leasing or renting portable signs for the placement of such signs on property not owned by such person without first having obtained a portable sign company license and showing proof of a sign contractors bond as outlined in Section 11-7a-4, all in accordance with and subject to the following regulations:
1.
Upon
application and payment made to the City building official of an annual
license fee of $50.00 per temporary sign, a temporary sign company
license may be renewed annually for a term not to exceed one year.
2.
In
addition to any other penalty provided by this Code, the City building
official may deny applications and revoke licenses issued under the
provisions of this Section after notice and hearing for any of the
following causes:
(a)
Any violation of this Chapter by the licensee.
(b)
Any violation of this Chapter by anyone renting or leasing signs
from a licensee. Licensees shall be deemed to be held strictly responsible
for the compliance with the terms of this Chapter by such person leasing
or renting signs from such licensee.
3.
Notice
of the hearing for denial of an application or revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee or applicant at his last
known address at least five days prior to the date set for the hearing.
4.
Any person aggrieved by the action of the City building official in the denial of an application for a license or in his decision with reference to the revocation of a license shall have the right to appeal as set forth in Section 11-7a-15(C).
(D)
Temporary sign standards.
In addition to all other applicable
regulations, temporary signs must conform to the following restrictions:
1.
A
temporary sign may be used for on-premise advertising only.
2.
The
use of an electronic message center as a temporary sign shall be prohibited.
3.
The
use of an inflatable sign as a temporary sign shall be prohibited
except with a temporary permit issued for a grand opening celebration
as noted in paragraph (B2) above.
4.
The
sign area of a temporary sign shall not exceed 35 square feet.
5.
A
temporary sign shall be contained on the property of the legal business
and shall not extend into the City right-of-way or be located in any
visibility clearance area. In no event shall such sign be erected
or placed less than ten feet from the back of the curb.
6.
Banners
must be attached to the face of the building used by the business
or organization to which the banner relates.
7.
Ground
signs shall be secured with a minimum of four separate points by metal
pins and/or sandbags where necessary. Such metal pins must penetrate
the ground by a distance of not less than ten inches.
8.
Any
temporary sign which exceeds 30 square feet in area shall have permanently
affixed thereto the name and phone number of the owner of such sign.
9.
Temporary
signs may be lighted with white light or lights only, and such light
or lights shall not be of a flashing, intermittent, moving or similarly
lighted type. Exterior lighting shall be shielded to prevent glare.
10.
Notwithstanding any provisions to the contrary contained within this
Code, all electrical connections to temporary signs shall be three-prong
(grounded) type using grounded, all-weatherproof outlets. Electrical
cords must be all-weatherproof type and may not exceed ten feet in
length unless they are then run in conduit. In addition, such cords
must be so positioned as to not impact vehicular traffic.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Upon
request, and subject to approval, the building official may authorize
a permit for the display of any temporary sign, or any legal sign
allowed by this section, to give notice of or direct the public to
a special event of civic interest including, but not limited to:
1.
Parades,
organized community holiday festivities, and special events organized
by charitable and/or non-profit organizations.
2.
In
acting upon such request, the building official shall consider, among
other things, the limitations on size, proposed location(s), materials,
and construction of such special event signs.
(B)
If
authorized, such signs shall be erected for a period of time no more
than 60 days preceding the date of the event and shall be removed
within three days after the event.
(C)
Such
signs may be located or placed on or over private property only with
the permission of the owner of the property and may be located or
placed on or over public property, including streets, only if authorized
by the building official.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
The
owner or occupant of any property upon which there is located a sign
in violation of this Chapter shall be given written notice by the
building official or duly authorized representative stating the nature
of the violation and ordering that the violation be corrected or removed
from said property within 72 hours. Such notice shall be mailed or
delivered to the licensee or applicant at his or her last known address
at least five days prior to the date set for the hearing.
(B)
If
the owner, lessor, lessee, or the representative of the lessor of
the sign fails to correct or remove such sign within 72 hours of written
notification from the building official or duly authorized representative,
the sign may be removed by the building official or duly authorized
representative. Such sign shall be transported to a location to be
designated by the building official for storage at the expense of
the sign owner or the person installing, leasing, using, or maintaining
it.
(C)
The
custodian of the storage area shall maintain records of where such
signs were located when they were so impounded and the date on which
they were so impounded and shall hold the same in the storage area
for a period of not more than 30 days.
(D)
Any
sign so held may be redeemed by the owner thereof upon the payment
of a fee to the City consisting of a total of $50.00 for hauling the
same to storage plus $10.00 per day storage fee for each day the sign
is stored. Such fee shall be in addition to and not in lieu of any
fine imposed upon such owner for violation of this chapter.
(E)
Any
sign not redeemed within 30 days shall be considered abandoned property
and shall become the property of the City. Any such signs shall either
be destroyed or transferred to surplus and sold or disposed of in
the same manner as surplus property of the City. In calculating the
length of the storage period and the storage fee, the first working
day after the date of the impoundment shall be considered day number
one; thereafter, all days including weekends and holidays shall be
counted.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
Any person found in violation of this Chapter shall be subject to the penalties and procedures found in Chapter 1-3, Section 1 of this Code.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
Any
person who receives notification of a sign found in violation of this
Chapter may appeal the action or decision by requesting in writing
within a 72-hour period after the service of notice is given, a hearing
to determine whether he or she is in violation of this Chapter. If
a person does request the hearing, it will be held before the Building
Official within five business days of the date the request for appeal
is received, at a time to be determined by the Building Official.
(B)
If
the Building Official, after considering the evidence, decides that
the sign in question is in fact in violation of this Chapter then
the sign shall be removed or brought into compliance within 72 hours
from the time the Building Official's decision is rendered. Any further
appeal of the building official's decision may be made to the Midland
City Council. This process shall in no way negate the right of the
City to immediately remove any sign creating real and immediate danger
to life or property.
(C)
Any
person aggrieved by the action of the City Building Official in the
denial of an application for a permit or in his decision with reference
to the issuance of a sign permit shall have the right to appeal to
the Midland City Council. Such appeal shall be taken by filing with
the City Manager's Office, not later than 14 days after notice of
the action complained of has been mailed to such person's last known
address, a written statement setting forth fully the grounds for the
appeal. The Midland City Council shall set a time and place for a
hearing on such appeal and notice of such hearing shall be mailed
to the appellant. The decision and order of the Midland City Council
on such appeal shall be final and conclusive.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
(A)
The
Building Official is hereby authorized and directed to administer
and enforce all terms and conditions of this Chapter. The Building
Official is further authorized to render interpretations of this Chapter,
which are consistent with its spirit and purpose.
(B)
The
provisions of Chapter 1, Standard Building Code, 1997 Edition, shall
apply to this Chapter regarding the Building Official's administration
of this Code, including but not limited to right of entry, stop work
orders, revocation of permits, issuance of permits, inspections, submittal
of drawings and specifications, and appeals.
(Ordinance 8648, sec. 1, adopted 6/24/2008; Ordinance 9382, sec. 1, adopted 1/13/15)
