A "Brownsville authorized sign permit" is required in all areas of the City of Brownsville with the exception of those signs specifically exempted pursuant to BMC § 15.90.040. A no-fee permit must be obtained before any sign, except those specifically exempted, is erected, placed, painted, constructed, carved or otherwise given public exposure. The sign provisions of this division may be considered as a part of a larger application or separately. Applications shall be filed with the City staff on an appropriate form in the manner prescribed by the City.
(1981 Compilation § 8-8.1; Ord. 585 § 1, 1989)
The purpose of this division is to promote safety and a quality visual environment that is compatible with the historic nature of the town, by applying standards for the design, illumination, placement and maintenance of signs.
(1981 Compilation § 8-8.2; Ord. 585 § 2, 1989)
"Alterations"
means any change in size, shape, method of illumination, position, location, construction or supporting structure of a sign.
"Direct illumination"
means a source of external illumination directed toward such signs so that the beam of light falls upon the exterior surface of the sign and is shielded to prevent glare beyond the face of the sign.
"Flashing sign"
means a sign incorporating intermittent electrical impulses to a source of illumination, or revolving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination, including search lights.
"Freestanding sign"
means any sign not attached to a building or other manmade structure.
"Neighborhood identification sign"
means a sign located at the entry point to a single-family subdivision comprising not less than two acres, or identifying a multiple-family housing complex.
"Noncommercial flag or banner"
means a paper, fabric or flexible plastic flag or banner, such as the flag of the national, state or local government, which contains or communicates no message relating to or suggesting support of any activity involving commerce or the transfer or exchange of goods or services.
"Off-premises sign"
means any sign placed on property not owned or leased by the owner of the sign, or upon property owned or leased by the owner of the sign solely for the purpose of supporting the sign.
"Parcel" or "premises"
means a tract of land under separate ownership, as depicted upon the county assessment rolls, and having frontage abutting on a public street.
"Permanent sign"
means any sign which is placed at a particular location, or within 50 feet of a particular spot at least once a week for more than 26 consecutive weeks during any calendar year.
"Sign"
means any outdoor device or medium affixed to property (including its structure, lighting, materials, and component parts) which by reason of its form, color, wording, symbol, design, and illumination, visually communicates, identifies, advertises, informs, or announces the subject thereof.
"Single event"
means any activity that lasts no more than two weeks and occurs not more than once a year.
"Temporary sign"
means any sign which is not a permanent sign.
(1981 Compilation § 8-8.3; Ord. 585 § 3, 1989)
The following signs and devices shall not be subject to the provisions of this division:
A. 
Noncommercial flags or banners.
B. 
On-premises signs in the industrial and volume commercial zones on buildable lots which:
1. 
Have frontage on Highway 228; and
2. 
Are legally existing at the time of adoption of the ordinance codified in this division.
C. 
Signs placed by local, state or federal governments for purposes of traffic control or construction, maintenance, or identification of roads, streets, highways or facilities.
(1981 Compilation § 8-8.4; Ord. 585 § 4, 1989)
The following general sign provisions apply to all signs, except those exempt signs specifically listed in BMC § 15.90.040, within the City:
A. 
Signs shall be of rigid material, except for noncommercial flags or banners or single event signs.
B. 
Sign graphics, including borders, must be carved, molded, applied, cast, painted or stained.
C. 
All signs in residential zones, if lighted, must be by direct illumination.
D. 
Projecting signs shall give a minimum vertical clearance from the ground or sidewalk of eight feet.
E. 
All signs will be securely anchored and maintained to ensure public safety.
F. 
Signs shall be maintained in a neat, clean manner.
G. 
All lighted signs must be in a manner as to not disturb neighboring property or create safety or traffic hazards.
H. 
All internally lit, molded plastic signs must conform to the style of the era 1880 to 1912.
(1981 Compilation § 8-8.5; Ord. 585 § 5, 1989; Ord. 697 § 1, 2006)
The following signs are prohibited in the areas governed by these regulations:
A. 
Except for noncommercial flags or banners or single event signs, paper, fabric or flexible plastic signs, outside any building.
B. 
Rotating or otherwise movable signs.
C. 
Flashing signs.
D. 
Freestanding signs more than six feet in height, measured from the established ground elevation of the placement site.
E. 
Signs with a total sign area (total square footage of all sides) greater than one and one-half times the total lineal footage of the property line the sign is fronting.
F. 
Signs placed on, affixed to, or painted on any motor vehicle, trailer or other mobile structure not registered, licensed and insured for use on public highways.
G. 
Signs located, drawn, or placed upon a tree, rock, or other natural feature.
H. 
Signs which obstruct the vision clearance area (as defined in the Brownsville zoning code) of a street or driveway intersection. Also, signs which obstruct the ingress or egress through any door, window, fire escape, standpipe, or like facility required or designated for safety or emergency use.
I. 
Signs or sign structures which are determined by the Building Official to constitute a hazard to the public safety or health by reason of poor structural design or construction, inadequate maintenance, lack of repair, or dilapidation.
(1981 Compilation § 8-8.6; Ord. 585 § 6, 1989)
A. 
Off-Premises Signs. Off-premises signs are allowed in all zones, subject to the following regulations, in addition to the other provisions of this division:
1. 
All off-premises signs that are visible within 660 feet of a state highway require an off-premises sign permit issued by the State Highway Division.
2. 
All off-premises signs must meet the following standards:
a. 
They shall be located a minimum of five feet from the public right-of-way.
b. 
They shall not exceed eight square feet in area on each side.
c. 
One sign, visible to each direction of travel, is allowed.
d. 
Off-premises signs shall not be located within 100 feet of another off-premises sign.
e. 
Any application for an off-premises sign must be accompanied by a written statement of permission for the placement of the sign, signed by the owner of the property where the sign is to be located.
3. 
Temporary off-premises signs will not require a permit from the City of Brownsville.
4. 
Off-premises, single event signs will be allowed for a period of not more than 30 days prior to until seven days following the activities or events for which they are intended.
B. 
On-Premises Signs. On-premises signs are allowed, upon issuance of a sign permit, in all zones, subject to the following regulations, in addition to the other provisions of this division:
1. 
Temporary on-premises signs will not require a permit from the City of Brownsville.
2. 
On-premises single event signs will be allowed for a period of not more than 30 days prior to, until seven days following the activities or events for which they are intended.
3. 
Residential, permanent, on-premises signs, other than neighborhood identification signs, shall not exceed four square feet in area on each side.
4. 
Residential, temporary, on-premises signs shall not exceed four square feet in area on each side.
(1981 Compilation § 8-8.7; Ord. 585 § 7, 1989)
All signs existing on the effective date of the ordinance codified in this division and not conforming with the provisions of this division are hereby deemed nonconforming signs. Nonconformity shall not apply to safety-related elements.
A. 
No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity; nor be structurally altered to prolong its useful life; nor be moved in whole or in part to any other location where it would remain nonconforming.
B. 
Termination of Nonconforming Signs.
1. 
Immediate Termination. Nonconforming signs which no longer serve a use as a sign for a currently ongoing or planned activity shall be terminated within 60 days after the effective date of the ordinance codified in this division, or after the activity ceases, whichever occurs first, except as otherwise expressly permitted by this division. Termination of the nonconformity shall consist of removal of the sign or its alteration to eliminate fully all nonconforming features.
2. 
Termination by Damage or Destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of three-fourths of its replacement cost new, shall be terminated and shall not be restored.
(1981 Compilation § 8-8.8; Ord. 585 § 8, 1989)
A. 
No person shall place on, apply to the surface of any building, erect, construct, place or install any permanent sign in the areas defined in BMC § 15.90.010, unless an authorized sign permit has been issued by the City for such sign. Application for a sign permit shall be made by the permittee in accordance with BMC § 15.90.100.
B. 
No person having a permit to erect a sign shall construct or erect same in any manner, except in the manner set forth in his approved application permit.
C. 
All authorized sign permits shall expire after six months unless the sign is constructed and installed according to this division.
(1981 Compilation § 8-8.9; Ord. 585 § 9, 1989)
A. 
Application for an authorized sign permit shall be filed with the City Recorder.
B. 
The applicant shall submit two copies of:
1. 
A rendering of the sign indicating its lettering, symbols, logos, materials, size, area, etc.
2. 
An elevation and plot plan indicating where the proposed sign will be located on the structure or lot, method of illumination, if any, and similar information.
C. 
Any sign except internally lit, plastic molded signs, meeting all of the requirements of this division, will be issued an authorized sign permit by the City Recorder within five working days of submittal.
D. 
All internally lit, plastic molded signs will be reviewed by a sign review committee consisting of three members of the Historic Review Board and two members of the Chamber of Commerce, and if found to meet all of the requirements of this division, will be issued an authorized sign permit by the City Recorder within 14 days of submittal.
E. 
No application fee is required under this section.
(1981 Compilation § 8-8.10; Ord. 585 § 10, 1989)
An action or ruling of the City Recorder authorized by this division may be appealed to the City Council within 15 days after the decision has been rendered by filing written notice with the City Recorder. If no appeal is taken within the 15-day period, the decision will be final. If an appeal is filed, the Council shall receive a recommendation from the Planning Commission and shall hold a public hearing on the appeal. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the City not less than five days nor more than 10 days prior to the date of the hearing.
A. 
An application fee for an appeal shall be filed by the applicant in an amount established by resolution of the Brownsville City Council.
(1981 Compilation § 8-8.11; Ord. 585 § 11, 1989)
Any sign erected in violation of this division is hereby declared a nuisance and subject to abatement as provided in Chapter 8.30 BMC.
(1981 Compilation § 8-8.12; Ord. 585 § 12, 1989)
A. 
The failure of any person responsible to abate a sign as directed by the City Recorder to do so shall constitute a violation. If any person responsible has appealed the City Recorder's determination that the sign is a nuisance to the Council, he/she may not be cited under this section until the City Council has ruled on the appeal and the person responsible has failed to comply with the Council's ruling.
B. 
Violation of this division is punishable by a fine not to exceed $500.00. Each day in which any violation shall continue shall be a separate offense.
C. 
The remedies provided in this division are cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.
(1981 Compilation § 8-8.13; Ord. 585 § 13, 1989)