(A) General definition. Hereafter a general definition of a SIGN shall mean an identification, description, illustration, or device which is mobile, affixed to, or erected upon, a property or tract of land, a building or a structure, and which directs attention to a product, place, activity, service, institution, or business. All supports, poles, wires, and other sign apparatus shall be defined as part of a sign, and hereafter referred to as sign apparatus.
(B) Existing signs - conforming.
(1) Definition. A CONFORMING SIGN is a sign which meets the provisions established in this chapter.
(2) Provisions.
(a) The lawful location and maintenance of conforming signs existing at the time of the enactment of this chapter and any amendments thereof may be continued provided that the following conditions are met:
1. That the existing sign is not expanded or reduced in size, or relocated in such a manner that would make said existing sign unlawful;
2. That no additional signs are placed on the same sign apparatus, upon which said existing sign is located, in such a manner that would make said existing sign or sign apparatus unlawful; and
3. That an approved sign permit was obtained for said existing sign.
(b) When changes to an existing conforming sign are necessary, no existing sign shall be expanded or reduced in size, or relocated without first obtaining an approved sign permit from the Plan Commission.
(C) Existing signs - non-conforming.
(1) Definition. A NON-CONFORMING SIGN is a sign which does not meet the provisions established in this chapter.
(2) Provisions.
(a) The lawful use of a non-conforming sign, existing at the time of the enactment of this chapter and any amendments thereof, may be continued provided that the following conditions are met:
1. That said existing sign is not expanded in size, or relocated, unless such expansion or relocation brings the sign into conformity with this chapter;
2. That no additional signs are placed on the same sign apparatus upon which said existing sign is located; and
3. That said existing sign is not located within the proposed or existing right-of-way as designated by the Official Thoroughfare - Plan City of Austin.
(b) When changes to an existing non-conforming sign are necessary to bring the sign into conformity, no said existing sign shall be expanded in size, or relocated, without first obtaining an approved sign permit from the Administrative Zoning Officer.
(c) Whenever any existing nonconforming sign shall become damaged, by any means, so as to cause a need to replace more than 50% of the sign and sign apparatus, said sign shall be repaired or reinstalled in compliance with the provisions of this subchapter, thereby creating a conforming sign.
(d) Except for ordinary maintenance, poster panel replacement, copy changes, or lettering or repair not involving structural material or electrical changes, no nonconforming outdoor advertising signs or part thereof shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged, or moved unless the entire nonconforming outdoor advertising sign and structure is brought into conformance with the provisions of this chapter.
(D) Existing signs - deteriorated or inactive.
(1) Definitions.
DETERIORATED. A sign that is in a poor or dangerous condition, such as, but not limited to, broken or leaning sign apparatus, portions of the sign missing, or chipping of paint.
INACTIVE. A sign which no longer directs attention to a business, activity, service, or product sold or provided on the premises.
(2) Provisions. When a sign has been deteriorated or inactive for a period of 30 days, the owner of the sign or the owner of the property upon which said sign is located, shall, upon written notice from the Administrative Zoning Officer, remove or repair said sign. The sign shall be removed or repaired within 30 days from the date of the notice sent to remove or repair the sign. Failure to comply with the order shall authorize said officer to initiate action for the removal of the deteriorated or inactive sign.
(E) Liability insurance. Any sign installing company which applies for a sign permit must have on file with the Building Commissioner’s office, a current certificate of liability insurance, covering bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and $25,000 in property damage which said liability policy shall carry an endorsement saving
the city from any claims, demands, or causes of action resulting from, in any manner, the erection or installation of said sign by said sign installation company.
(F) Multiple frontages. Each side of a building or structure is to be considered separately for purposes of determining compliance with the provisions of this chapter.
(G) Multiple uses of a sign apparatus. When more than one sign is to be located, added to, or placed on the same sign apparatus as where previously erected signs exist, all signs, existing and proposed, must meet the provisions of this chapter prior to the issuance of any additional sign permit.
(H) Overall height. Notwithstanding the provisions of the chapter, no sign shall at any point be over 45 feet in height above grade level unless the sign is located on a building which has a maximum permitted building height greater than 45 feet.
(I) Rights-of-way. Notwithstanding the provisions of this chapter, no sign shall be located or maintained within the proposed or existing right-of-way of any street or highway, as designated by the Official Thoroughfare Plan of the city. Exceptions to this requirement includes a projecting sign, which may be located over public property, but shall not extend nearer to the curb line than five feet.
(J) Setbacks from residences and utilities.
(1) Notwithstanding the provisions of this subchapter, no sign allowable in nonresidential zones, excepting directional and warning signs, shall be located closer than 25 feet to a residence in a residence zone, a school, or a church.
(2) Notwithstanding the provisions of this subchapter, any outdoor advertising sign shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Safety Code, provided that in no case shall an outdoor advertising sign be erected closer than ten feet horizontally or vertically from any conductor or public utility guide wire.
(K) Total number of on-premise signs per property. The total number of on-premise signs for a property having a commercial or industrial use located thereon shall be based on the following formula: Two on-premise signs per street frontage. However, where there are multiple uses on a single property, each occupant thereon is permitted a maximum of two on-premise signs.
(L) Repair and maintenance. In the event any sign becomes damaged so as to create a potential hazard to the public health, safety, and welfare and is in need of emergency repair and/or maintenance, all signs shall have the name of a contact person and a telephone number posted on the sign and/or sign apparatus, visible at all times. Such information shall also be provided as a part of the application record when obtaining any sign permit.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99