The purposes of this chapter are:
(1)
To provide
a reasonable system for the control of signs;
(2)
To encourage
signs which are well designed and pleasing in appearance;
(3)
To regulate
the form and allotment of signs within the city to preserve the positive
city image, harmony, and pride and thereby strengthening the economic
stability of the city;
(4)
To provide
for signs, for which the principal purpose will be to furnish information
necessary for business and commerce; and
(5)
To reduce
possible traffic and safety hazards through good signage.
(Ordinance 2105, exh. A, adopted 7/23/2018)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a sign located on property which is vacant and unoccupied
for three (3) months or more or which was erected for an occupant
or business unrelated to the present occupant or business.
shall mean a sign not exceeding seventy-two (72) square inches
in exposed surface used to identify the address of the premises and
is not illuminated or lighted.
means the city's duly designated official charged with administration
and enforcement of the ordinances and codes of the City of Alamo Heights
having to do with land use and building.
shall mean the area within the outer dimensions of a sign,
including those portions of the frame or support structure which (A)
border or adjoin the face of the sign, or (B) are of size, dimension
or configuration which attracts attention or (C) are in excess of
that necessary to support the sign. If a sign is placed on a wall
or other surface, or if letters or other portions of the sign are
supported individually, without any border, the area shall be computed
by enclosing the entire sign within sets of parallel lines. (See Figure
D)
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means any permanent sign attached, painted, or in some way
affixed directly to a building surface.
means a sign or advertising painted on, printed on, attached
to, or supported by an awning attached to a building or structure.
means flexible material, usually made of cloth or plastic,
often bearing a symbol or slogan, and which is attached at each end
on a pole, or which hangs vertically on a pole. May only be used for
temporary signs.
See definition for "off-premise sign."
means the face of a building fronting an improved public
street.
shall mean any structure or graphic display placed or arranged
for the purpose of directing attention to the occupant, building,
service, or product existing or offered on the premises on which such
sign is located.
means a sign attached or affixed to a canopy that is attached
to or comprises an extension of a building.
means a mural, such as a drawing applied directly to a wall,
ceiling or window, and similar media types, either animated or inanimate,
which draws attention to a business or facility for the purpose of
advertising or promoting an establishment or product. Murals may only
be displayed as temporary signs.
means wording on any sign, logo, or other representation
that, directly or indirectly, names, advertises or calls attention
to a business, product, service, or other commercial activity.
means a sign located on the premises of a permitted commercial
construction project, which may be erected for a limited amount of
time, identifying any or all of the property owners, developers, engineers,
architects, contractors, mortgagees, or other project participants
in the construction or improvement of the premises, but which displays
no other goods or services for sale or other advertising.
means a sign located on the premises of a permitted residential
construction project, which may be erected for a limited period of
time, identifying any or all of the property owners, developers, engineers,
architects, contractors, mortgagees, or other project participants
in the construction or improvement of the premises, but which displays
no other goods or services for sale or other advertising.
means a sign or system of signs that are placed to provide
temporary wayfinding or detouring of traffic during periods of construction.
means a sign, which is unsafe, unsecure, disfigured, or broken.
means a sign connected to the ground which is not attached
to, applied on, or supported by, any part of a building (such as a
wall, roof, window, canopy, awning, arcade, or marquee) inclusive
of signs on moveable objects, except signs on vehicles that are moving
or are parked only temporarily, incidental to their principal use
for transportation.
means signs giving the name or names of principal contractors,
architects and lending institutions responsible for construction of
or in an approved subdivision or land development at the site where
the sign is placed.
means any sign, or combination of signs, attached to or part
of a common structure, which identifies, announces or advertises two
(2) or more businesses or offices.
means a sign whereon letters, figures or designs are formed
or outlined by electric illumination, or formed by a transparent medium
which is illuminated from such lamps, tubes, or other electric illuminate
within or on the sign, and all outside building outlining, and shall
be deemed to include interior decorative displays and gas tube window
outlining, also including but not limited to, LED (light emitting
diode) signs, television screens, plasma screens, video boards, or
other signs that utilize digital or other image projection technology
to display a message to the public. Signs which are illuminated by
electric lights which are not attached to the sign or which are not
essential elements of the sign proper, and signs which are lighted
by flood lights or projectors, are not classified as electric signs
within the meaning of this chapter. Flashing lights of any configuration,
either interior or exterior to the sign proper, are prohibited.
shall mean any surface of a sign which is painted, stained,
lighted, has lettering, or is illustrated, separately or in combination,
to attract attention.
means a temporary detached sign type, that consists of a
vertical pole placed into the ground with a fabric flag attached to
the pole. Also referred to as tear drop banner.
means any sign attached or inset in the wall of any building
in approximately the same plane or parallel to the face of such wall.
means a sale sign provides information regarding a garage,
estate, or yard sale and includes information about the location of
the sale and the dates and times of the sale.
means an electronic sign type that is distinguished from
electronic message signs due to the limited amount of information
displayed and the length of time periods the message will remain unchanged.
These signs are limited to displaying the gas/fuel prices only to
advertise to the general public. Any messaging capacity beyond the
gas/fuel price shall constitute an electronic message sign as defined
and regulated herein.
means any sign that is hung, mounted, or attached underneath
a canopy or covered walkway and placed perpendicular to the walkway
in order to help pedestrians identify the occupants of building or
structure.
means any sign that generates a projected image into the
atmosphere or onto the surface of an object, originating from a device
connected to an electrical or battery power source.
means any sign identifying a business, including its name,
logo, address, phone number, uses, services and products sold, credit/charge
cards accepted, check approval agencies and phrases that are an integral
part of the corporate identity. For an individual this includes title
or designation (e.g., M.D., D.C., D.V.M., C.P.A., etc.).
These terms may be used interchangeably and shall refer to
any sign which has a source of light, either internal or external,
for the purpose of illuminating such sign.
means signs prohibiting activity (e.g. "no smoking", "no
animals," "no entrance," "no soliciting," "no trespassing/private
property," etc.) or providing directions/instructions (e.g. "entrance,"
"exit," "drop off point," "pick up here," "deposit here," "order here,"
etc.) which do not exceed three (3) square feet in size. Instructional
signs may utilize a pole type base provided the height of the sign
does not exceed four (4) feet.
means any one (1) of the following types of signs that exemplifies
the cultural, architectural, or commercial identity of the city, is
iconic in its location, and contributes to the surrounding neighborhood
character:
Historic sign means a landmark sign that exemplifies the cultural,
architectural or commercial history of the city and was constructed
more than fifty (50) years before the date of application.
Vintage sign means a landmark sign that is iconic and culturally
significant and was constructed between fifty (50) and twenty-five
(25) years before the date of application.
Replica sign means a landmark sign that is an exact reproduction
of a historic sign which no longer exists.
means the maximum sign height allowed by this chapter.
means the established maximum area a sign is permitted to
be as regulated herein.
means a sign or portion of a sign constructed to accommodate
regular changes in content (ordinarily by removing and replacing letters
and numbers).
shall mean a sign which is supported by a pedestal or other
solid foundation in or upon the ground and limited to six (6) feet
in height and twenty-four (24) square feet in area.
means any sign which, in whole or in part, moves, rotates,
flashes, reflects, blinks, or appears to do any of the foregoing,
or which simulates motion in any manner.
A multi-family complex consists of one (1) or more buildings
with ten (10) or more dwellings on a single property.
means a permanent detached sign type in which is independent
of buildings or structures. This sign form allows larger height and
sign surface area for developments with a variety of businesses needing
advertising capability all located on the same premises. This sign
form is constructed of solid material consisting of a single structure
from the ground up to the highest point of the sign.
means a gas filled glass tubing sign.
means in lighting, the nit is a unit of visible-light intensity,
commonly used to specify the brightness of a cathode ray tube or liquid
crystal display computer display. One (1) nit is equivalent to one
(1) candela per square meter.
shall mean a sign which was not in violation of any ordinance
of the town at the time of its erection, which was intended to be
and which is permanent, and does not constitute a hazard to public
safety or a nuisance, but which does not conform to the requirements
of this chapter.
means any sign that does not contain or is not used to convey
a commercial message.
means signs displaying indecent, obscene gestures or pictures
or profanity are prohibited in any zoning district within the town.
shall mean any sign not constructed on the same building
site as the business it is advertising.
means a sign which advertises a business will be accessible
to the public within a short time, also includes grand openings.
means any sign intended to be displayed for more than thirty
(30) days.
shall mean any detached sign which is supported by one or
more poles, pylons, or similar structural fixture(s) permanently affixed
to the ground.
shall mean a temporary sign indicating the name, picture,
and/or information related to an individual seeking election or appointment
to a public office, or relating to a forthcoming public election or
referendum, or pertaining to the advocating by persons, groups, or
parties of political views or policies.
shall mean any outdoor advertising display sign not permanently
attached to a support structure via commonly used construction standards.
means a sign shall not be supported in whole or in part from
any public utility installation or any tree on private premises.
means a sign so constructed and erected as to be attached
to a building or other structure and projecting out therefrom.
shall mean a sign advertising the sale, lease, or rental
of property only for a use for which it is legally zoned.
means a real estate sign located on commercial, industrial,
mixed-use, and multi-family developments. Real estate signs, commercial,
requires a permit.
means a real estate sign located on property zoned for residential
use. A real estate sign, residential sign shall not include multi-family
residential properties. Real estate signs, residential, does not require
a permit.
Reface of a sign shall be defined as replacing, restoring,
repainting, or repairing the existing advertising sign face area.
It does not include resizing the sign, rebuilding, reconstructing,
reconfiguring, or expanding the area, size, height, or form of the
existing sign structure or existing sign support structure. The city's
administrative officer shall approve all sign re-facings provided
that the re-facing is similar in text and color patterns and no enlargement
of the sign is proposed. The city's administrative officer may choose
to send a re-facing application to the architectural review board.
A reface does not include any structural addition or expansion to
the sign structure and does not require architectural review board
approval.
means a permanent detached sign affixed to a retaining wall,
the retaining wall must be protecting an earth slope or embankment
and have a natural appearance to its construction.
means any sign erected on or over the roof of a building.
means a temporary sign that is also known as an "a" frame
sign, which is portable and displayed to provide business information
to the public directly adjacent to a business space. There signs are
meant to function as the detached sign form for the downtown or main
street district areas.
means a sign form that utilizes a high-intensity beam of
light with one (1) or more beams, that may rotate or move, directed
into the atmosphere or toward any other point, or any type of light
projected to attract or distract the attention of persons in a public
right-of-way. This definition does not apply to the use of searchlights
by government entities.
means the required distance between any point on private
land and the property line abutting the nearest public right-of-way.
means any building or group of contiguous buildings containing
two (2) or more businesses or offices, such as a strip center, shopping
center or office building.
means any structure, placard, display, mural, figures, painting,
drawing, message, poster, plaque, billboard, rendering, notice, device,
sandwich board, or other object which is arranged, intended, located,
placed, arranged, lighted, erected, or that includes text or images
for the purpose of attracting attention to a building, premises, commodity,
product, business, service, or activity or which gives information
or communicates about same. Displays, notices, names and other announcements
on canopies or awnings are signs.
Height shall be measured from the vertical distance between
the highest point of the ground elevation within the sign footprint
to the highest point of the sign or its supporting structure, whichever
point is highest. All signs herein shall be measured by this method.
means improvements to an on-premises nonconforming sign which
includes but is not limited to changing a pole sign to a monument
sign, a reduction in height or display, surface or panel area square
footage, or an increase in setback, or an improvement in materials
or landscaping such that an on-premises existing nonconforming sign
meets the criteria set out in this chapter and becomes more compliant
with the sign regulations.
A special event is a one (1) time or infrequently occurring
event outside normal programs or activities of the sponsoring or organizing
entity or business.
means signs placed in approved areas for sponsorship of nonprofit
organizations are considered to be sponsorship signs.
means the total surface which the sign text, images, and
message content is printed, painted or displayed including frame and
mounting. In cases where the frame and mounting are part of a building
or when the frame and mounting could be considered a landscape element
the total surface area may be calculated as the perimeter using straight
lines and right angles around the sign text, images, and message content.
Surface area of a sign is regulated in this chapter as the maximum
size.
means those found in chapter 2 of the Uniform Sign Code, 1988 edition, recommended by the International Conference of Building Officials.
means any sign intended to serve as a limited and/or temporary
advertisement of specific events for the property on which it is located
or as an interim identification sign until a permanent sign is available.
Temporary signs shall be displayed for thirty (30) days or less.
means a sign or part of a sign which is devoted to changeable
messages limited to display the current time and temperature.
means a sign erected upon a constructed wall made of cinderblock,
stone, brick or similar material, constructed upon cement or concrete
footing. This definition shall not be inclusive of fences.
means all forms of signs, graphics, language, images, and
logos placed upon, behind, attached to, seen through, or occupying
space within a window. This sign form includes all forms of material
on which a message may be printed. For the purposes of this regulation,
glass doors constitute windows and are subject to all window sign
regulations herein.
(Ordinance 2105, exh. A, adopted 7/23/2018; Ordinance 2146, sec. 4, adopted 10/14/2019)
(a)
Any person who shall fail to comply with any provision of this chapter or any of the requirements thereof or who shall construct, alter, maintain or use any sign in any manner different from that described in the application for a permit therefor, or who begins such construction, installation, alteration or use without having first secured a permit required hereunder, or who continues to use or maintain any sign not authorized or prohibited in this chapter, or for which the permit has been revoked or expired, or who assists in any such violation or omission, shall be guilty of a misdemeanor and shall be punished in accordance with section 1-5 of this Code.
(b)
Any owner
or owners of any such sign or anyone interested therein, or of any
building or premises, or any part thereof, on which such sign is located,
who participates in or knowingly or willfully permits any violation
of this chapter, or any builder, contractor, tenant or agent of any
person or corporation employed in connection therewith who assists
in the commission of any such violation shall be guilty of a separate
offense and on conviction thereof shall be fined as herein provided.
(Ordinance 2105, exh. A, adopted 7/23/2018)
All signs shall be well maintained. The city's administrative
officer shall revoke the permit for any sign which is not well maintained
and shall direct its removal.
(Ordinance 2105, exh. A, adopted 7/23/2018)
(a)
Structural
nonconforming signs such as monument, pole, awnings, roof, or other
similar signs legally in place at the date of adoption of this chapter
shall remain approved for as long as the sign is considered safe and
in good working order.
(b)
Non-structural
nonconforming signs, such as window signage, banners, and character
representations, legally in place at the adoption of this chapter
shall remain approved for a period of six (6) months. After the expiration
of six (6) months from the adoption of this chapter, nonconforming
non-structural signs shall be promptly altered, removed or otherwise
made to comply with the provisions of this chapter.
(c)
Any property
owner or business owner who wishes to continue an existing non-structural
nonconforming sign must apply to the architectural review board to
have their request considered.
(d)
No nonconforming
sign, whether structural or non-structural, may be reconstructed,
altered, changed or undergo significant improvements without complying
in all respects with this chapter.
(Ordinance 2105, exh. A, adopted 7/23/2018)
The city shall be entitled to injunctive relief against any
violation of this chapter or any use of any premises in violation
hereof. Any person and the agents, employees and tenants of any person
who violates this chapter are liable to being enjoined for any violation
thereof, and are liable for the cost of removing any sign erected,
altered, maintained or used in violation of this chapter and for any
damages that may result to the city or to the general public by reason
of such violation, and for the reasonable attorney's fees of the city
for obtaining such relief.
(Ordinance 2105, exh. A, adopted 7/23/2018)
Any unauthorized sign that is found on public property may be
removed by the city's administrative officer and stored until claimed
by the rightful owner or person who has the immediate right to possession
of such sign, or until disposed of as hereinafter provided. A fee
of five dollars ($5.00) per day shall be charged for such storage.
Any such sign so impounded and stored shall be retained and held until
all charges for removal, impoundment and storage shall have been paid
to the duly authorized officer in charge of the city pound or storage
area and the city shall have a lien against such signs until all charges
have been paid. All signs stored by the city which remain unclaimed
by the owner or person who has the immediate right to possession thereof
for at least sixty (60) days shall be reported by the city's administrative
officer to the city council. Upon such report being received by the
city council, it may, if the property is unclaimed, or if the cost
of storage and care and all other expenses in connection therewith
are not paid within the following sixty (60) days, order the same
sold or cause the same to be sold by the chief of police, at public
auction, after publication twice in the official newspaper of the
city, of the date, hour and place of the sale and the property to
be sold.
(Ordinance 2105, exh. A, adopted 7/23/2018)
Any interested person dissatisfied with any ruling or action
of the city's administrative officer or the architectural review board
in connection with this chapter may appeal to the city council, which
shall have authority to decide the controversy within the framework
of this chapter. All appeals must be in writing and clearly set out
the portions of the regulations that are applicable to the appeal
and the justification for the appeal.
(Ordinance 2105, exh. A, adopted 7/23/2018)
