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HomeMy WebLinkAboutPO 6820: REPEALING AND REPLACING CHAPTER 82, SIGNS, AND ALL ARTICLES, OF THE SIGN ORDINANCE OF THE CITY OF PORT ARTHUR 4 Cityof , ,,, im urt rlltttG _ rr.tus INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: January 13, 2020 To: Ron Burton City Manager Mayor and City Council From: Phillip Vilardi, Building Official Re: P. O. NO. 6820 —An Ordinance repealing and replacing Chapter 82, Signs, and all articles, of the sign Ordinance of the City of Port Arthur COMMENT Nature of the Request: The intent of this Agenda Item is to seek the City Council's approval of Proposed Ordinance No. 6820, repealing and replacing Chapter 82, of the Code of Ordinances, thereby adopting the updated sign ordinance (chapter 82 signs), and ensuring cohesive aesthetic construction standards for the City of Port Arthur. Staff Analysis/Considerations: The City of Port Arthur's new Sign Ordinance draft takes into consideration the principles and requirements of the Scenic City Program so that (a) the City may be eligible for applying to the Program in the future, if desired; and (b) sign regulations contribute to improved safety and aesthetic standards within the city limits and the ETJ. The Scenic City Certification Program is administered through Scenic Texas, Inc., a 501 (c)(3) non-profit organization dedicated to the preservation of our state's visual environment, particularly as seen by the traveling public. The mission of the Scenic City Certification Program is to support and recognize municipalities that implement high-quality scenic standards for public roadways and public spaces, with the long-term goal of improving the image of all cities. A city may apply for certification if it already has the following regulations in place: 1) Strict enforcement of sign regulations (limits on size, placement, and quantity of signs. Permanent signs must have separate permits from the building permit) 2) Prohibition of new outdoor general advertising off-premise signs or devices (i.e. billboards) 3) Program for trees and/or landscaping along major roadways, city streets, street medians or in parking lots As described in the following analysis, the new Sign Ordinance addresses numerous signage-related criteria found in the Scenic City Certification Program application: P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089.409/983-8209•FAX 409/983-8130 a) Prohibition of new off-premise signs/billboards (mandatory requirement): The draft Sign Ordinance prohibits new off-premise signs, including billboards, in the Prohibited Signs section. b) Mechanism to bring existing (grandfathered) signs into conformity with the city's current sign code: The draft includes sections addressing modifications of nonconforming signs and procedures for nonconforming signs that are deemed destroyed. c) Signs require permits separate from the building permit (mandatory requirement): Permits are required in the draft ordinance and application requirements and procedures are also provided for. d) Strict limitation on quantity and size per business, including placement, and limitations of quantity per side/property frontage: The draft regulates signs by zoning district and type of sign, and provides clear limitations on total of signs allowed; locations of signs; and area as well as height limitations. e) Ban on wind devices and portable signs: Balloons, inflatable, and portable signs are all listed under Prohibited Signs. f) Restrictions on digital signs: Electronic signs are listed under Prohibited signs, as well as signs with blinking or flashing lights. g) No advertising allowed on street furniture: Signs on bus benches are prohibited under Prohibited Signs. h) Vehicular signs that have the sole purpose of displaying commercial message: Under Authorized Signs, vehicular signs are permitted to be displayed on commercial trucks, buses, trailers or other vehicle as long as they are less than 32 square feet and provided that the primary purpose of the vehicle is not for the display of signs. i) Ban on posting of signs on public property: Signs are prohibited to be located in or project over right-of-way or across right-of-way line extended across a railroad right-of-way, except when attached to and projecting no more than 18 inches from a building wall legally located at or near the right-of-way line in the city limits or in the extraterritorial jurisdiction or are an authorized marquee sign attached to a building. The City's new Sign Ordinance draft will assist the City achieve its aesthetic and safety goals, as well as Scenic City status, if so inclined. Even if the City decides not to pursue the Scenic City Certification Program, the program criteria provide a good benchmark for the establishment and enforcement of regulations that will attract quality development and promote safety and aesthetic standards. The City is currently operating under chapter 82 with most recent changes adopted in 1995. Budget Consideration: Not Applicable Recommendation: Staff recommends that the City Council approve Proposed Ordinance No. 6820, repealing and replacing Chapter 82, of the Code of Ordinances, thereby adopting the updated sign ordinance (chapter 82 signs), and ensuring cohesive aesthetic construction standards for the City of Port Arthur. "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089.409/983-8209•FAX 409/983-8130 P.O.NO.6820 01/13/2020 PAV PAGE 1 OF 42 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR,THEREBY ADOPTING THE UPDATED CHAPTER 82 SIGNS; PROVIDING CERTAIN AMENDMENTS THERETO;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH;PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS($2,000),AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS,Chapter 82 Signs, of the City of Port Arthur's Code of Ordinances sets forth requirements for placement and constructing signs;and it contains the specific zoning requirements; and WHEREAS,the existing sign ordinance has to be uniform and agree with the city's zoning requirements; and WHEREAS,the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the updated sign code, as presented; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2.THAT the City of Port Arthur hereby amends the existing Chapter 82 Signs of the code of ordinances,as delineated in Exhibit"A".The draft document was submitted by the creating law firm Bojorquez Law Firm, PC with city staff revisions. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are herein repealed, but only to the extent of said conflict. Section 4. That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction P.O. NO. 6820 01/13/2020 PAV PAGE 2 OF 42 thereof be fined in any sum not less than One Dollar($1.00)nor more than Two Thousand Dollars ($2,000.00) as provided in the Code of Ordinances. and each violation shall constitute a separate offense. Section 5. THAT this Ordinance or its caption and penalty shall be published one(1)time within ten(10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of January,A.D.,2020,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie, MAYOR ATTEST: Sherri Bellard, TRMC, City Secretary P.O.NO.6820 01/13/2020 PAV PAGE 3 OF 42 APPROVED AS TO FORM: Valecia"Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald"Ron" Burtgn, City Manag Ai r,a v• Jevelopment Pamela D. Langford, Director of Services P.O.NO.6820 01/13/2020 PAV PAGE 4 OF 42 EXHIBIT "A" P.O. NO.6820 01/13/2020 PAV PAGE 5 OF 42 CITY OF PORT ARTHUR SIGN ORDINANCE DIVISION 1 —GENERAL PROVISIONS Section 82-1 Findings, purpose, and intent; interpretation. Section 82-2 Sign Code. Section 82-3 Geographic Scope and Applicability. Section 82-4 Definitions. Section 82-5 Prohibited Signs. Section 82-6 Authorized Signs. Section 82-7 Lessors. Section 82-8 Permit Required. Section 82-9 Signs Permits Not Required. Section 82-10 Design Review Guidelines. Section 82-11 Applicability of Other Codes Not in Conflict. DIVISION 2—SPECIFIC SIGN REGULATIONS BY DISTRICT Section 82-20 Residential Districts (SF, 2F). Section 82-21 Multifamily Residential District (MF). Section 82-22 Manufactured Home District (MH). Section 82-23 Light Commercial (LC), Heavy Commercial (HC), and Neighborhood Services (NS). Section 82-24 Industrial (I), Agriculture (A), and Offshore Water(OW). Section 82-25 Multi-Unit Complex in a Non-Residential District. Section 82-26 Neighborhood Services (NS). Section 82-27 Downtown District (Placeholder). Section 82-28 Master Sign Plans. DIVISION 3 —ADMINISTRATION Section 82-30 Permit Required. Section 82-31 Permit Not Required. Section 82-32 Variances. Section 82-33 Board of Adjustment. DIVISION 4 —EXISTING SIGNS Section 82-40 Maintenance of Existing Signs. Section 82-41 Newly Annexed Signs. Section 82-42 Off-Premise Pole Signs (Billboards) Section 82-43 Destroyed Nonconforming Signs. Section 82-44 Abandoned or Discontinued Signs. Section 82-45 Signs and Modifications. Section 82-46 Altered, Relocated, or Replaced Signs. DIVISION 5—VIOLATIONS AND PENALTIES Section 82-50 Violations. Section 82-51 Offense. P. O.NO.6820 01/13/2020 PAV PAGE 6 OF 42 Chapter 82 - SIGNS ARTICLE I. -IN GENERAL GENERAL PROVISIONS Section 82-1 Findings, Purpose and Intent, and Interpretation. (a) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this chapter is to regulate the size,illumination,movement,materials,location,height,and condition of all signs placed on private property for exterior observation,thus ensuring the protection of property values,the character of the various neighborhoods, the creation of an attractive and harmonious community, and protection against interference with the historic character of designated areas,including the downtown district.This chapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, size,and purpose of all signs.This chapter shall not be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this chapter is found by a court of competent jurisdiction to be invalid,such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (b) Signs not expressly permitted as being allowed by right or by permit under this chapter, by specific requirements in another portion of this chapter,by master sign plan or agreement,or otherwise expressly allowed by the City Council or Board of Adjustment are not allowed within the City. (c) These sign regulations are intended to:(1)promote compatibility with the use of the property to which the signs are appurtenant; (2) promote compatibility with the landscape and architecture of surrounding buildings;(3)be appropriate to the activity to which they pertain; (4) ensure that signs are not distracting to motorists; and (5) ensure that all signs are constructed and maintained in a structurally sound, safe, and attractive condition. (d) These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the City. Rather,they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above. (e) These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs. Section 82-2 Sign Code This chapter shall be known as the "Sign Code." Sec. 82 2. Purpose of chapter. P.O. NO. 6820 01/13/2020 PAV PAGE 7 OF 42 chapter shall be erected and maintained in accordance with the standards of this chapter. The (1) Safety. To promote the safety of persons and property by providing that signs: a. Do not create a hazard due to collapse, fire, collision, decay or abandonment; b. Do not obstruct firefighting or police surveillance; and c. Do not create traffic hazards by confusing or distracting motorists,or by impairing the driver's ability to see pedestrians, obstacles or other vehicles, or to read traffic signs. (2) Communications efficiency. To promote the efficient transfer of information in sign b. Customers and other persons may locate a business or service; • - (3) Landscape quality and preservation. To protect the public welfare and to enhance the a. Do not interfere with scenic views; b. Do not create a nuisance to persons using the public rights of way; d. Are not detrimental to land or property values. (Codc 1961, § 2A 21) Section 82-3 Geographic Scope and Applicability. This Ordinance applies to all property within the incorporated municipal boundaries(i.e.,City limits) as they exist at the time this Ordinance is adopted and as may be modified in the future. Sec. 82 3. Bus bench advertising. Privately owned bus benches bearing advertising placed at bus stops, having received a permit under the requirements of Ordinance No. 95 66 (adopted September 12, 1995) arc exempt from the requirements of this article. (Code 1961, § 2A 57) 4 p- (Code 1961, § 2A 23) P.O.NO.6820 01/13/2020 PAV PAGE 8 OF 42 Sec.824 82-4. - Definitions. 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: Applicant. The person or entity requesting sign permit approval,a variance,or a master sign plan from the City. All applicants must show ownership of the property on which the sign will be located or authorization for sign placement on the property. Sign, Attached Sign means any sign attached to, applied on, or supported by, any part of a building(such as a wall,roof, window, canopy, awning, arcade or marquee) which encloses or covers usable space. Billboard. A sign that is freestanding, attached to or part of a building, and is an off-premises sign that is designed for a change in copy,so that the characters,letters,display,or illustrations can be changed or rearranged within a fixed sign face. Building means any structure built for the support, shelter and enclosure of persons, animals, chattels goods or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. Commercial message means a message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions or activities, or possible substitutes for those things which are the subject of the message and that: (1) Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions or activities; or (2) Attracts attention to a business or to products, property, accommodations, services, attractions or activities that are offered or exist for sale or for hire. Commission means the planning and zoning commission of the city. Sign, Detached Sign means any sign connected to the ground which is not an attached, portable or vehicular sign. Dilapidation. Dilapidation includes any sign where elements of the sign area or background have portions of the finished material missing,broken,or illegible;where the structural support is visibly bent,broken, dented,rusted,corroded,or loose; or where the sign or its elements re not compliance with the adopted electrical code and/or the building code. Downtown District. Central business district in the City of Port Arthur designated as the Downtown District by Ordinance and in the Zoning Map. P.O.NO.6820 01/13/2020 PAV PAGE 9 OF 42 Effective area(for detached signs)means the area of the minimum regular geometric shape which encompass the background area of the sign using the largest sign area or silhouette visible at any one time from any point. This area does not include the main structural support, but all other ornamental attachments are included in determining the sign area. The effective area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word to signs which are composed solely of words which identify a premises and which are attached to freestanding walls not over six feet in height. Electronic Sign. Any sign for which the text, letters, numbers,pictures, or symbols forming the informational portion of the sign consists of flashing, intermittent, or moving lights, including any LED screen or any other type of video display. This definition does not include signs that have internal or indirect illumination that is kept stationary or constant in intensity and color at all times when such sign is in use or any government sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Texas Manual on Uniform Traffic-Control Devices. Facade means the principal face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another,they are to be considered as part of a single facade. Government Sign. A government sign is a sign that is constructed,placed, or maintained by the federal, state, or local government or a sign that is required to be constructed,placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights. SignrIlluminated Sign means any sign which is directly lighted by any electrical light source, internal or external. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself. Inflatable Sign. An inflatable device,with or without a message, figure,or design attached to its surface designed to attract attention. Logo. Graphic symbols used to represent or identify a business entity or organization. Height(as applied to a sign)means as measured from the highest point of the sign to the crown of the roadway nearest the sign. Intersection means the junctions of the centerlines of any two public rights-of-way, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which any freeway interchange ramp intersects the freeway travel pavement. Major thoroughfare means any public right-of-way designated as a major thoroughfare by the ordinance of the city, as amended. P.O.NO.6820 01/13/2020 PAV PAGE 10 OF 42 Marquee Sign. A canopy or covering structure bearing a signboard or copy projecting from and attached to a building. Monument Sign. A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted to a pole or part of a building. Pole(s)may be used to construct a monument sign so long as the poles are not visible below the sign. Noncommercial message means any message that is not a commercial message. Occupancy means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Off-premise Sign. Any commercial sign that advertises a business, person, activity, goods, products, or services not located on the property where the sign is installed, or that directs persons to a location other than the property where the sign is located. Pole Sign. A sign that is permanently supported in a fixed location by a structure of poles, posts, stakes, uprights, or braces from the ground and is not supported by a building, fence, vehicle, base structure, or other support. Sign, Political Sign, means any sign promoting a candidate for any office or a position on any issue. Portable Sign. Any sign without a permanent foundation, or otherwise permanently attached to a fixed location, that can be carried,towed,hauled, or driven and is primarily designed to be moved rather than be limited to a fixed location regardless of modifications that limit its movability. Premises means a freestanding building or a lot or unplatted tract meeting the requirements of section 82-107. Projecting. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. Property Owner. The owner of the property on which a sign is located. A lessor may have the same rights and authority as the Property Owner if given such authority through written agreement with the Property Owner. Responsible Party. The owner/operator of the business being identified on the sign;the owner of the property upon which the sign or sign structure is located; the owner of the sign or sign structure;the person who installs a sign or sign structure,or contracts with a third party to accomplish the installation; and/or the person who retrieves a sign from the impound. Right-of-way. The area on,below, or above a public road, highway, street,public sidewalk, alley, waterway, or utility easement in which a governmental entity has an interest. P.O.NO.6820 01/13/2020 PAV PAGE 11 OF 42 Setback means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way,the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way. Sign. A structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other object that is designed, intended, or used to advertise or inform. Signs located completely within an enclosed building and not exposed to view from a street must not be considered a sign. Each display surface of a sign or sign face must be considered to be a sign. Sign means any device, flag, light, figure, picture, letter, word, message, symbol,plaque or (2) Works of art; • Sign Area. The space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure or where attached directly to a building wall or surface,the space within the outline enclosing all the characters of the words,numbers, or design. Sign Administrator. The officer appointed by the city manager with the authority to enforce this chapter. The employee designated by the city manager shall review sign regulations and applications. In the absence of further action by the city manager, the Director of Development Services shall serve as the sign administrator. The term also includes any person designated to act on behalf of the sign administrator. Sign face. The entire display surface area of a sign upon, against, or through which copy is placed. Sign, movement control means a sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located. Sign, nonpremises means any sign which is not a premises sign. Sign, one means any number of detached signs structurally connected above grade. political sign, vehicular sign or a sign which refers solely to the sale or lease of the premises. P.O. NO.6820 01/13/2020 PAV PAGE 12 OF 42 - - -- - - . . -- .. -, . - . -, . .. . . • . . .-- . , - - Sign,protective means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to "bad dog," "no trespassing" and "no solicitors." Sign, real estate means any sign, temporary in nature, advertising real estate for sale or lease or announcing contemplated improvements of real estate. Sign, special purpose means a sign temporarily supplementing the permanent signs on a premises. Sign support means any pole,post, strut, cable or other structural fixture or framework necessary to hold and secure a sign,provided that such fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. Temporary. A banner,pennant,poster, or advertising display constructed of paper, cloth, canvas,plastic sheet, cardboard,wallboard,plywood, or other like materials and that appears to be intended or is determined by the code official to be displayed for a limited period of time. Vehicle Sign. Any sign attached to or displayed on a vehicle. W rdmeans: (1) Any word in any language; (2) Any alphanumeric character; (3) Any symbol, abbreviation or logo. Wall sign. A sign painted on or otherwise made an integral part of a wall. Typically, a wall sign is on the same plane as the wall (i.e. flush with the wall surface). The term does not include a sign that can be removed from the wall and remain substantially intact(e.g., banners or projecting signs as they are defined in this chapter). Wind device means any flag, banner, pennant, streamer or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached,by the same rules as other signs. P.O. NO.6820 01/13/2020 PAV PAGE 13 OF 42 Zoning district, business means any zoning district designated by this chapter as A, LC, HC or I. Any area of a PD district providing for business uses is also included in this list, unless specifically excluded by its provisions. Zoning district, nonbusiness means any zoning district not designated as a business district in accordance with the previous definition. (Code 1961, § 2A-22) Cross reference—Definitions generally, § 1-2. Section 82-5 Prohibited Signs. (a) Signs are prohibited in all Districts unless: (1) Constructed pursuant to a valid building permit when required under this Code; and (2) Authorized under this Code. (b) Signs are prohibited to be located in or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way, except when attached to and projecting no more than 18 inches from a building wall legally located at or near the right-of-way line in the city limits or in the extraterritorial jurisdiction or are an authorized marquee sign attached to a building. (c) Portable Signs. (d) Electronic Signs. (e) Off-Premise sign(including billboards) containing commercial advertising of goods or services. (f) Signs with lights that blink, fluctuate, or move. Light rays must shine only upon the sign and upon the property within the premises. (g) Signs on bus benches. (h) Signs of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal. (i) Signs that display blinking, flashing,or fluttering lights or other illuminating devices which exhibit movement. (j) Signs that display flashing or blinking lights that imitate standard public traffic regulators, emergency signs or signals. (k) Signs that are attached to any utility pole or wire,traffic sign,or City easement or are placed on City-owned property unless placed by permission of the City of Port Arthur. (1) Signs that obstruct any fire escape, required exit, window, or door opening intended as a means of egress. (m)Feather Banners. (n) Handheld signs with a commercial message. (o) Balloon Signs. (p) Inflatable Signs. P.O. NO.6820 01/13/2020 PAV PAGE 14 OF 42 Section 82-6 Authorized Signs. The following signs authorized under this Section are authorized in every District without a permit: (a) Government Signs. (b) Traffic Control Devices that are erected and maintained to comply with the Texas Manual on Uniform Traffic Control Devices. (c) Signs required by this Code. (d) Signs required by other law, including federal, state, or local law, including a sign that a property owner is required to post on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically;the owner must comply with the federal, state, or local law to post a sign on the property. (e) Official governmental notices and notices posted by governmental officers in the performance of their duties,governmental signs to control traffic,or for other regulatory purposes such as neighborhood crime watch areas, to identify streets, or to warn of danger. (f) Commercial signs displayed on trucks, buses, trailers, or other vehicles that are less than thirty-two (32) square feet and are being operated in the normal course of a business, indicating the name of the owner,business,and location(e.g.,moving vans,delivery trucks, rental trucks and trailers,and the like),provided that the primary purpose of the vehicles is not for display of signs and provided that they are parked in areas appropriate to their use as vehicles normally used in the course of business,are in operable condition,and carry a current and valid license plate and state inspection tag. Vehicle signs shall conform to the following restrictions: (1) Vehicular signs shall contain no flashing or moving elements; (2) Vehicular signs shall not be attached to a vehicle so that the driver's vision is obstructed from any angle; (3) Signs,lights and signals used by authorized emergency vehicles shall not be restricted (g) Vending machine signs where the sign face is not larger than the normal dimensions of the machine to which the sign is attached. Section 82-7 Lessors. For purposes of this Sign Code, the lessor of a property is considered the property owner as to the property if the lessor holds a right to use that exclusive of others(or the sole right to occupy).If there are multiple lessors of a property, then each lessor must have the same rights and duties as the property owner as to the property the lessor leases and that the lessor has the sole right to occupy,and the size of the property must be deemed to be the property that the lessor has the sole right to occupy under the lease. Written authorization from property owner to place signage onsite may be required. Section 82-8 Permit required. (a) In general, a sign permit is required prior to the display and erection of any sign except as otherwise provided in this Sign Code. (b) Creation of Site. For all signs, the Sign Administrator shall not issue a sign permit for P.O.NO.6820 01/13/2020 PAV PAGE 15 OF 42 construction, erection, placement, or maintenance of a new or existing sign until a site is established under the requirements of Section 23-100 of the zoning ordinance of the city. (c) Application for permit (1) An application for a sign permit must be filed with the Inspections and Permitting Division on forms furnished by that division. The applicant must provide sufficient information to determine if the proposed sign is allowed under this Code and other applicable laws,regulations, and ordinances. An application for any sign must state the date when the owner intends to erect the sign. An application shall include: (A) Name, address,and telephone number of the owner of the sign; (B) Name, address, and telephone number of lessor sponsoring the sign, if any; (C) Name, address, and telephone number of the contractor,if any,installing the sign; (D) Name, address, and telephone number of the property where the sign is to be installed; (E) Date on which it is to be installed; (F) Zoning district in which the proposed sign will be located; (G) Any variance that will be requested or has been approved; and (H) An illustration(drawings and site plan)including the location,appearance,and dimensions of the proposed sign and its location from the property lines. (2) The Sign Administrator or designee shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within twenty-one (21) days after receipt. Any application that complies with all provisions of this code, the zoning ordinance, the building code,and other applicable laws,regulations,and ordinances shall be issued a permit after inspection and review of the plans and the site. (3) If the application is rejected,the Sign Administrator shall provide in writing a list of the reasons for the rejection.An application shall be rejected for non-compliance with the terms of this code,the zoning ordinance,building code, or other applicable law, regulation, or ordinance. (d) Permit fee. A nonrefundable fee as set forth in the uncodified fee schedule adopted by the City Council shall accompany all sign permit applications. (e) Duration and revocation of permit. If a sign is not installed within six months following the issuance of a sign permit,the permit shall be void. The City may revoke a sign permit under any of the following circumstances: (1) The City determines that information in the application was materially false or misleading; (2) The sign as installed does not conform to the sign permit application; (3) The sign violates this Sign Code,the zoning ordinance, building code, or other applicable law, regulation, or ordinance; or (4) The Sign Administrator determines that the sign is not being properly maintained or has been abandoned. (f) Appeals. If the Sign Administrator denies a permit,the applicant may appeal to the Board of Adjustment under Section 25-201. P.O.NO.6820 01/13/2020 PAV PAGE 16 OF 42 Section 82-9 Sign Permits Not Required. (a) Signs described in Sections 82-6 with a total area of up to thirty-two (32) square feet and a maximum height of eight(8) feet. (b) Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties,provided,that all such signs must be removed no more than ten(10) days after their purpose has been accomplished. (c) Any sign wholly within the confines of a building and oriented so as to be out of view from outside the building. (d) One sign per entrance door in a non-residential district which shall be limited to two (2) square feet in size and located within five(5) square feet of the entrance door. (e) Signs located within the grounds of public facilities such as baseball fields, stadiums, community centers, and other public facilities. (f) Any sign so noted in these regulations. Section 82-10 Design Review Guidelines. (a) Harmonious with city scale. Sign location,configuration,design,materials,and colors should be harmonious with the Port Arthur setting and the coastal scale of the city. (b) Materials. Sign materials shall be predominantly natural,such as native stone,Other materials may be substituted when, in the opinion of the Sign Administrator, they meet the design criteria of the city. (c) Architectural harmony.The sign and its supporting structure shall be in architectural harmony with the surrounding structures. (d) Colors. Colors should be in harmony with surrounding structures. (e) Landscaping. Landscaping is required and shall be designed to harmonize with the building and surrounding natural landforms and native plants, as reflected in specific requirements contained herein. (f) Reflective surfaces. Glare-producing surfaces on signs are not allowed. (g) Lighting. All lighting of signs shall be indirect lighting as defined herein,and all floodlights shall be shielded.No sign shall be illuminated,in whole or in part,where the illumination is intermittent or varies in color or intensity from time to time or appears to be emergency lighting similar to public safety vehicles. The use of searchlights is prohibited. Changeable electronic variable message signs(CEVMS),electronic signs,and light emitting diode(LED) signs are prohibited. (h) Moving parts. No sign shall contain any moving parts. (i) Commercial logo/logograms.Graphic symbols,used to represent or identify a business entity or organizations,are permitted to be displayed on signs only under the following conditions: (1) The design and materials comprising the logo shall be consistent with the guidelines in this section; (2) Logos shall be permitted only on commercial sign categories in nonresidential districts. Section 82-11 Applicability of Other Codes Not in Conflict. All signs erected or maintained pursuant to the provisions of this article shall be erected and P.O.NO.6820 01/13/2020 PAV PAGE 17 OF 42 maintained in compliance with all applicable state laws and with the building code, electrical code, downtown revitalization plan,comprehensive plan,and other applicable ordinances of the city.In the event of conflict between this division and other laws,the most restrictive standard applies. [Sections 82-12-82-19 Reserved] ARTICLE II—SPECIFIC SIGN REGULATIONS BY DISTRICT Section 82-20 Residential Districts (LDR, MDR). Residential Districts include property zoned as Single-Family(LDR); Two-Family (MDR); Multiple-Family(HDR); and Mobile Home(MH). (a) General Regulations. When a sign is authorized on a property,the sign must not exceed four (4) square feet in area unless otherwise authorized by code or variance for a larger sign. (b) Residential Developments. For Residential Developments (including subdivision identification) the sign shall be a monument sign. The sign shall be located at least fifteen (15)feet from the right-of-way and may be indirectly lighted. The maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development shall be controlled according to the following: (1) Residential developments four(4)acres or less in area may have a monument sign or signs with a total area of no more than twenty-four(24) square feet at each entrance onto a major thoroughfare. (2) Residential developments over four(4) acres but less than forty(40) acres in area may have a monument sign or signs which have a total area of no more than thirty-six (36) square feet at each entrance onto a major thoroughfare. (3) Residential developments of forty (40) acres or more in area may have a monument sign or signs with a total area of no more than sixty-four (64) square feet onto a major thoroughfare. (1) Before a Residential Development Sign may be installed under this section,the sign permit application shall be reviewed the Sign Administrator shall review the permit application for completeness and compliance with state and city codes. (2) When a subdivision has been released for construction, one sign per subdivision entrance which shall not exceed one hundred(100)square feet in area or twelve(12) feet in overall height may be placed at each subdivision entrance subsequent to applying and receiving a sign permit. A sign under this section may be a pole sign or a monument sign. A sign permitted under this subsection must be removed when development of lots and buildings have ceased. The Property Owner or other Responsible Party shall be responsible for the maintenance,removal,and compliance requirements of such signs. If a subdivision owner wishes to place model home, selling point, or other temporary signs to advertise the lots within the subdivision, application for a master sign plan is encouraged in lieu of submission of multiple requests for variances. (a) Signs on individual lots. (1) Flags. Flags are authorized to be placed on residential property without a permit, including two flags with noncommercial messages and one flag pole per premises shall P.O.NO.6820 01/13/2020 PAV PAGE 18 OF 42 be allowed on each lot. Each flag must be a maximum of fifteen(15) square feet in area. The flag pole must be a maximum of(25) feet in height or no higher than the highest point of the principal building's roof, whichever is lower. Flag poles must meet the minimum yard setback requirements for a principal building. (2) Temporary Signs. Temporary signs, including a pole sign, wall sign, or monument sign(unless specifically designated otherwise), allowed at any time on any property without a permit: (A) A property owner may place one sign with a sign face no larger than two (2) square feet on the property at any time. (B) A property owner may place a sign no larger than 8.5 inches by 11 inches in one window on the property at any time. (C) One additional temporary sign that may be up to nine square (9) feet in size may be located on the owner's property for a period of ninety(90)days prior to an election involving candidates for a federal,state,or local office that represent the district in which the property is located or involving an issue on the ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to seven(7)days after the election at issue.This section does not limit the content on the additional temporary sign. (D) A person having a legal home occupation may display one additional sign on the face of the building or porch. The sign shall be attached directly to, and parallel to, the face of the building or porch. The sign shall not exceed four (4) square feet in sign area,shall not be illuminated in any way,and shall not project more than six(6) inches beyond the building or porch. No permit is required. (E) One additional temporary sign,not exceeding six(6) square feet in sign area, may be located on a property without a permit when the owner consents to the placement of the sign and that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten (10) days following when a contract of sale has been executed or a rental agreement has been executed.This subsection does not affect the content of the sign allowed under this subsection. (3) General Regulations for Signs on Individual Lots: (A) No sign may be placed on a residential lot without the consent of the Property Owner or a Lessor who has been given authority to place a sign on the property by written agreement of the Property Owner. (B) Other than those signs specifically authorized under this Section,a sign under this Section shall not be illuminated, electronic, digital, or contain moving elements. If lighting is allowed,no uplighting is allowed and all lighting must be shielded. (C) Unless otherwise specified in this Section,permitted signs may be anywhere on the premises except in a required side yard or within the street or utility right- of-way. (D) Height.The following maximum heights shall apply to signs on individual lots in a residential district: P.O.NO. 6820 01/13/2020 PAV PAGE 19 OF 42 (1) Unless otherwise specified in this Section,if ground-mounted,the top must not be over four(4) feet above the ground; and (2) If building mounted, the sign must be flush mounted and must not project above the roof line. (E) Each resident lot or unit within a two-family or multiple-family complex shall display an address sign. The letters, numbers, and symbols that make up a residential address sign must be a minimum of three(3)inches in height and shall not be larger than eight(8) inches in height. Section 82-21 Multifamily Residential District(HDR). (a)Types of Signs Allowed with a Permit: (1)Multifamily Residential Complex Sign. The sign shall be located at least fifteen(15) feet from the right-of-way and may be indirectly lighted. The maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development shall be controlled according to the following: (A) Multifamily Residential Complexes with twenty units or less in area may have a monument sign or signs with a total area of no more than twenty-four(24)square feet at each entrance to the Complex. (B)Multifamily Residential Complexes with over twenty units may have a monument sign or signs which have a total area of no more than thirty-six (36) square feet at each entrance to the Complex. (C)Before a Residential Complex Sign may be installed under this section,the sign permit application shall be reviewed by the planning and zoning commission and must be approved by the commission. Prior to review by the planning and zoning commission, the Sign Administrator shall review the permit application for completeness and compliance with state and city codes. (2)Identification Sign.There may be one(1)sign no larger than fifteen(15)square feet in sign area identifying the complex and placed flush on the wall near the office entrance or,as an alternative, one (1) hanging sign or one (1) ground sign containing no more than six (6) square feet in sign area may be erected. (b)Types of Signs Allowed without a Permit: One additional temporary sign,including a pole sign,wall sign,or monument sign,may be located on a property without a permit when the owner consents to the placement of the sign and that entire property is for sale or lease or if an individual unit or units is for sale or lease. This subsection does not affect the content of the sign allowed under this subsection. (A) Entire Property: One additional sign, not exceeding one hundred (100) square feet in sign area,while the entire property or property is for sale or lease. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed.This sign shall be placed at least fifteen(15) feet from any public right of way. (B)Individual Unit(s): One additional sign,not exceeding nine(9)square feet in sign area, where an individual unit or units is being offered for sale or lease. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed. This sign shall be placed at P. O. NO.6820 01/13/2020 PAV PAGE 20 OF 42 least thirty(30)feet from any public right of way. (c) Individual lessees or owners of units within Multi-Family Housing may also display any sign allowed in a Residential District, so long as: (1)sign is allowed by owner of Multi-Family Housing if property is owned separately;and (2) sign is displayed within the area owned or leased by individual. Section 82-22 Manufactured Home District(MH). (a) Types of Signs Allowed with a Permit: One monument sign, wall sign, or projecting sign not more than thirty-six (36) square feet in sign area may be erected on the property of the manufactured home park at each entrance to a major thoroughfare and may be indirectly lighted. The setback shall be a minimum of fifteen (15) feet from public right of way. Sign placement must comply with any additional setback that may be prescribed by the Sign Administrator when there is a potential safety issue. (b) Types of Signs Allowed without a Permit: One additional temporary sign may be located on a property without a permit when the owner consents to the placement of the sign and that entire property is for sale or lease or if an individual unit or units is for sale or lease. This subsection does not affect the content of the sign allowed under this subsection. (1)Entire Property:One additional sign,not exceeding one hundred(100)square feet in sign area, while the entire property is for sale or lease. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed. This sign shall be placed at least thirty(30) feet from any public right of way. (2)Individual Unit(s): One additional sign,not exceeding nine(9)square feet in sign area,where an individual unit or units is being offered for sale or lease. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed. This sign shall be placed at least thirty(30) feet from any public right of way. (c)Individual lessees or owners of Manufactured Homes within a Manufactured Home park may also display any sign allowed in a Residential District, so long as: (1) Sign is allowed by owner of Manufactured Home Park if property is owned separately. (2) Sign is displayed within the area owned or leased by individual. Section 82-23 Light Commercial(LC),Heavy Commercial(HC), and Neighborhood Services (NS). (a) Types of Signs Allowed with a Permit: (1) Wall, Canopy, Marquee, or Projecting Signs. Wall, Canopy, Marquee, and Projecting Signs may be erected. The total sign area for all signs on each lot shall not exceed sixty- four (64) square feet. Sign area allotment is computed by adding the sign area of all Wall, Canopy, and Projecting Signs on the lot. Projecting signs shall project no more than two(2)feet perpendicular from the wall and not more than three(3)feet vertically above the wall of the building. Each sign under this section requires a sign permit. Each sign shall be placed at least fifteen(15) feet from any public right of way. (2) Monument Signs. One(1)non-attached sign per lot may be erected.No sign under this P.O.NO.6820 01/13/2020 PAV PAGE 21 OF 42 section shall exceed one hundred (100) square feet in sign area and shall not exceed thirty-five(35)feet in height. The setback shall be a minimum of fifteen(15)feet from property lines. Sign placement must comply with any additional setback that may be prescribed by the Sign Administrator when there is a potential safety issue. A permit is required for this sign. (3) Gasoline Pump Islands. For a property that contains a gasoline pump island, the owner may exhibit one (1) logo sign not exceeding thirty-two (32) square feet in sign area and one (1)price sign per gasoline pump island not exceeding forty (40) square feet in sign area.The signage under this subsection does not count against a non-residential property's total signage allotment. This sign shall be placed at least twenty(20)feet from any public right of way. (4)Restaurant Menus,detached or attached to a building,used in connection with a drive-in or drive-through,which do not attract the attention of persons not on the premises. Signs under this subsection shall not exceed thirty-two (32) square feet and shall not be illuminated other than internally illuminated.This sign shall be placed at least twenty(20) feet from any public right of way. (b) Types of Signs Allowed without a Permit (1)Equipment Signs. Words may be attached to machinery or equipment which is necessary or customary to the business,including but not limited to devices such as gasoline pumps, vending machines,ice machines,etc.,provided that words so attached refer exclusively to products or services dispensed by the device,and project no more than one inch from the surface of the device. (2)Non-Commercial Signs Allowed without a Permit: (A)Each lot may have one non-commercial sign, including a pole sign, wall sign, or monument sign,that meets the requirements of this section. (1)A non-commercial sign shall not have an area greater than twenty-five (25) square feet. (2)A non-commercial sign shall not be more than five (5) feet in height. (B)A non-commercial sign shall not be lighted or have any moving elements. (C)Non-commercial signs may be installed on private property only with the consent of a Property Owner and may not be installed in,on,or over any street or right-of- way. (D)Non-commercial signs under this section may not advertise the sale of goods or services available at the property. (5) One additional temporary sign,which may be a pole sign,wall sign,or monument sign, may be located on a property without a permit when the owner consents to the placement of the sign and that entire property is for sale or lease or if an individual unit or units is for sale or lease. This subsection does not affect the content of the sign allowed under this subsection. (A)Entire Property:One additional sign,not exceeding one hundred(100)square feet in sign area,while the entire property or property is for sale or lease. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed.This sign shall be placed at least fifteen (15)feet from any public right of way. P.O.NO.6820 01/13/2020 PAV PAGE 22 OF 42 (B)Individual Unit(s):One additional sign,not exceeding sixteen(16)square feet in sign area, where an individual unit or units is being offered for sale or lease. A sign posted under this section must be removed within ten (10) days following when a contract of sale has been executed or a rental agreement has been executed. This sign shall be placed at least fifteen(15)feet from any public right of way. (6) One flag per twenty-five(25)feet of frontage on a right-of-way up to a maximum of six flags with noncommercial messages and six flag poles per premises.Each flag must be a maximum of twenty-four(24)square feet in area.Flag poles shall be a maximum of fifty (50)feet in height but no higher than the highest point of the nearest principal building's roof on the premises. Flag poles must meet the minimum yard setback requirements for a principal building or a minimum of ten feet,whichever is more restrictive.Any flag with a commercial message shall count towards other total signage for each nonresidential property as square footage related to the maximum amount of square feet for a monument sign or a wall sign. (b)No sign may be placed without the consent of the Property Owner or without a sign permit,when required. (c) The Responsible Party is responsible for compliance with this Code. (d)Any sign under this section shall not advertise the sale of goods,services,or activities that are not available on the building or property on which the sign is attached or placed. Section 82-24 Industrial (I),Agriculture(A), and Offshore Water (OW). (a) Types of Signs Allowed with Permit: (1)Wall, Canopy,or Projecting Signs. Wall,Canopy,and Projecting Signs may be erected. The total sign area for all signs shall not exceed sixty-four(64) square feet. Sign area allotment is computed by adding the sign area of all Wall,Canopy,and Projecting Signs on the lot.Projecting signs shall project no more than two(2)feet perpendicular from the wall and not more than three(3)feet vertically above the wall of the building. Each sign under this section requires a sign permit. (2) Monument Signs. One (1) non-attached sign per lot may be erected. No sign shall exceed one hundred(100) square feet in sign area and shall not exceed thirty-five(35) feet in height. The setback shall be a minimum of twenty-five(25)feet from any public right-of-way. Sign placement must comply with any additional setback that may be prescribed by the Sign Administrator when there is a potential safety issue or conflict with public utilities. A permit is required for this sign. (3) Gasoline Pump Islands. For a property that contains a gasoline pump island, the owner may exhibit one(1) logo sign not exceeding thirty-two (32) square feet in sign area and one (1)price sign per gasoline pump island not exceeding forty(40) square feet in sign area.The signage under this subsection does not count against a non-residential property's total signage allotment. This sign shall be placed at least twenty-five(25)feet from any public right of way. (4)Restaurant Menus,detached or attached to a building,used in connection with a drive-in or drive-through,which do not attract the attention of persons not on the premises. Signs under this subsection shall not exceed thirty-two (32) square feet and shall not be illuminated other than internally illuminated.This sign shall be placed at least twenty(20) P.O.NO.6820 01/13/2020 PAV PAGE 23 OF 42 feet from any public right of way. (b) Types of Signs Allowed without Permit: (1)Equipment Signs. Words may be attached to machinery or equipment which is necessary or customary to the business,including but not limited to devices such as gasoline pumps, vending machines,ice machines,etc.,provided that words so attached refer exclusively to products or services dispensed by the device,and project no more than one inch from the surface of the device. (2)Non-Commercial Signs: (A)Each lot may have one non-commercial sign,which may be a pole sign,wall sign,or monument sign,that meets the requirements of this section. (i)A non-commercial sign shall not have an area greater than thirty-six(36)square feet. (ii) A non-commercial sign shall not be more than six (6) feet in height. (C) One additional temporary sign, which may be a pole sign, wall sign, or monument sign, not exceeding one hundred (100) square feet in sign area, may be located on a property without a permit when the owner consents to the placement of the sign and that property is for sale or lease or if an individual unit or units is for sale or lease. This subsection does not affect the content of the sign allowed under this subsection. A sign posted under this section must be removed within ten(10)days following when a contract of sale has been executed or a rental agreement has been executed. This sign shall be placed at least thirty(30) feet from any public right of way. (D)One flag per twenty-five(25)feet of frontage on a right-of-way up to a maximum of six flags with noncommercial messages and six flag poles per premises.Each flag must be a maximum of twenty-four(24)square feet in area.Flag poles shall be a maximum of fifty (50)feet in height but no higher than the highest point of the nearest principal building's roof on the premises. Flag poles must meet the minimum yard setback requirements for a principal building or a minimum of ten feet whichever is more restrictive.Any flag with a commercial message shall count towards other total signage for each nonresidential property. Commercial flags shall count against total allowed square footage for a monument or wall sign for the property. (E)A non-commercial sign shall not be lighted or have any moving elements. (F)Non-commercial signs may be installed on private property only with the consent of a Property Owner and may not be installed in,on,or over any street or utility right-of-way. (c) The Responsible Party is liable for compliance with these provisions. (d)Any sign under this section shall not advertise the sale of goods,services,or activities that are not available on the building or property on which the sign is attached or placed. Section 82-25 Multi-Unit Complex in a Non-Residential District-Additional Signs Requiring Permit. (a) In addition to the signs allowed according to the zoning district, one (1) monument or wall sign per complex may be erected advertising the total number of office or commercial tenants with a sign permit. On corner lots,the major or primary street shall be construed to be the development lot frontage and no more than one (1) sign shall be permitted. On a P.O. NO.6820 01/13/2020 PAV PAGE 24 OF 42 development lot located at the intersection of two (2) major thoroughfares, a sign shall be permitted for each such thoroughfare or expressway with a sign permit. The sign area of the sign may not be larger than one hundred(100)square feet. The name of the complex and the street address with letters no less than six (6) inches in height will appear at the top of the copy. This sign shall be placed at least fifteen(15) feet from any public right of way. (b) There may be one(1)sign no larger than twenty(20)square feet in sign area identifying each tenant and placed flush on the wall near the office entrance. This sign is in lieu of the wall,canopy,or projecting sign of sixty-four(64)square feet allowed in Sections 82-23 and 82.24. (c) Sign placement must comply with all setback regulations and any additional setback that may be prescribed by the Sign Administrator when there is a potential safety issue. (d) Master Sign Plans for areas with a multi-unit complex are highly encouraged to meet the unique needs of each multi-unit complex.All owners,tenants,subtenants and purchasers of individual units within the development shall comply with the approved master sign plan. Section 82-26 Neighborhood Services (NS): Additional Signs Requiring Permit. Signs used for Neighborhood Services Centers must be allowed as follows: (a) In addition to the signs allowed according to the zoning district, one (1) monument sign per complex may be erected advertising the total number of office or commercial tenants with a sign permit. On corner lots, the major or primary street shall be construed to be the development lot frontage and no more than one(1)sign shall be permitted.On a development lot located at the intersection of two (2) major thoroughfares, a sign shall be permitted for each such thoroughfare or expressway. The sign area of the sign may not be larger than one hundred(100)square feet. The name of the complex and the street address with letters no less than six (6) inches in height will appear at the top of the copy. This sign shall be placed at least fifteen(15)feet from any public right of way. (b) There may be one(1) sign no larger than twenty(20) square feet in sign area identifying each tenant and placed flush on the wall near the office entrance. This sign is in lieu of the wall, canopy, or projecting sign of sixty-four(64) square feet allowed in Sections 82-23 and 82.24. (c) Sign placement must comply with all setback regulations and any additional setback that may be prescribed by the Sign Administrator when there is a potential safety issue. Section 82-27 Downtown District. Additional signage regulations applicable to the city's historic downtown district are included in the design and development standards in the Downtown District Implementation Manual. P.O.NO.6820 01/13/2020 PAV PAGE 25 OF 42 Section 82-28 Master Sign Plans. A Master Sign Plan is a comprehensive document containing specific regulations for an entire project's signs. Master Sign Plans are appropriate for Planned Unit Developments, Master Planned Developments, development agreements, large residential or commercial developments,multi-unit complexes, or in the case where a project applicant is seeking several variances to the city's Sign Ordinance. [Section 82-29 Reserved] ARTICLE III. —ADMINISTRATION Section 82-30 Permit Required. Applications for a sign permit must be processed through the Sign Administrator or the Sign Administrator's designee. (a) Requirements. Except as otherwise provided for herein, no sign shall be erected,posted, painted, or otherwise produced, changed, or reconstructed, in whole or in part,within the City limits of the City of Port Arthur without first obtaining a permit. (b) Applications: Application for a permit required by this Ordinance shall be made upon forms provided by the Sign Administrator or the Sign Administrator's designee. The application for sign permits shall contain all information, drawings, and specifications necessary to fully advise the Sign Administrator, or the Sign Administrator's designee, of the type, size, shape, location, zoning district if within city limits, construction, and materials of the proposed sign and the building structure or premises upon which it is to be placed. Drawings shall also show all existing signs on the property. (c) All applications for permits shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications for its construction, lighting,motion, and wiring, if any. All drawings shall be of sufficient clarity to show the extent of the work. (d) Qualifications. Only those individuals who properly obtained a permit by the Sign Administrator,the Sign Administrator's designee, or the State of Texas shall receive a permit to erect or alter any sign. Permits for the installation, erection, or alteration of any electrical components on a sign shall be issued only to those individuals who hold a commercial sign contractors license and master electrician's license and who have filed the bond and insurance required by the city. It shall be unlawful for any person licensed under the provisions of this Ordinance to obtain a permit on behalf of or for the benefit of any unlicensed person whose business activities are such that such unlicensed person would need a license to obtain a permit. (e) Conditions for issuing permits. No permit for the erection or alteration of any sign over any sidewalk, alley, or other public property, or on or over any roof or building shall be issued to any person except upon the condition that the permit may be withdrawn at any time, in which case the sign shall be immediately removed by the Responsible Party,who will also be liable under the penalties provided for in this Ordinance. P.O. NO.6820 01/13/2020 PAV PAGE 26 OF 42 (f) Issuance. A permit shall not be issued when: 1. An existing billboard sign is in a deteriorated, unsafe, or unsightly condition as described below in Section 82-40. 2. A sign is not in compliance with this Ordinance. 3. A sign is proposed for construction in an area not zoned for such a sign. 4. Authorization of the property owner has not been obtained. (g) Inspection. Any sign for which a permit is issued shall be inspected after its erection for conformity to the provisions of this chapter. (h) Fees. No permit shall be issued until applicable fees have been paid to the City of Port Arthur. Fees may be subject to change without prior notification. Sign permit fee schedule shall be in accordance with the fee schedule enacted by the City Council and located at City Hall. DIVISION 1. GENERALLY Sec. 82 31. Board of adjustment. (a) Except as provided in subsection(c)of this section,the zoning board of adjustment may, in specific cases and (b) subject to appropriate conditions,only after the following special finding from the evidence benefit to the city and its citizens in accomplishing the objectives of this chapter: (1) Permit a variance for detached premises signs of up to ten percent of the setback,effective area and height requirements of this chapter; (3) Permit the following special variances and exceptions for movement control signs when businessi a. Authorize an identification message to be placed on the sign; b. Authorize an effective area of up to four square feet; and c. Authorize height of up to 2'/2 feet. (b) The board of adjustment may also vary any or all other provisions of this chapter not specified the applicant without sufficient corresponding benefit to the city and its citizens in requirement, decision or determination made by the director of community and urban (d) The board of adjustment may require a nonconforming sign to be brought into immediate the evidence presented the board finds the sign to be hazardous to the public or to have been P.O. NO. 6820 01/13/2020 PAV PAGE 27 OF 42 (e) The board of adjustment may authorize the remodeling,renovation or alteration of a sign when some nonconforming aspect of the sign is thereby reduced. sign was erected and where the director ofcommunity and urban development finds no record of a permit being issued, the board of adjustment may authorize the issuance of a replacement arrangements were made with a sign company to obtain such permit. (Code 1961, § 2A 82) Section 82-31 Permit Not Required A permit shall not be required for: (a) Simple routine maintenance, adjustments, replacement of light globes, etc. on existing signs. (b) When a sign has been damaged by fire, windstorm, or other causes, immediate work may be done to prevent damage to property or hazard to persons, and to this extent only. Notice will be given as soon as practical to the Sign Administrator or the Sign Administrator's designee. (c) Changing a commercial message to a non-commercial message on any legal sign surface. (d) Changing of permitted copy of an existing sign, provided that no increase occurs with respect to either the sign area or the manner in which the sign is structurally supported. (e) For any sign or display exempted from the sign ordinance or permit requirement. Sec. 82 32. Nonconforming signs. It is the declared purpose of this chapter that, in time all privately owned signs shall either conform to the provisions of this chapter or be removed. By the passage of this chapter and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this chapter and all other ordinances of the city. Any sign which docs not conform to all provisions of this chapter shall be a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances; or an illegal sign if it did not exist as a conforming or nonconforming sign, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed. (Code 1961, § 2A 81) Secs. 82 33 82 50. Reserved. Section 82-32 Variances (a) A Responsible Party that wants a variance from this chapter must file a request for variance with the Sign Administrator along with a variance fee,as stated in the city's most recent fee schedule. The Sign Administrator will indicate what documentation the Responsible Party must provide in support of the request. P.O.NO.6820 01/13/2020 PAV PAGE 28 OF 42 (b) Once the necessary documentation has been provided to the Sign Administrator,the Board of Adjustment shall review the request and make a determination based on the documentation provided by the Responsible Party as well as the recommendation of the Sign Administrator. (c) The board of adjustment has final authority to approve a variance. Section 82-33 Board of Adjustment. (a) Except as provided in subsection (c) of this section, the zoning Board of Adjustment may, in specific cases and subject to appropriate conditions,and only after a special finding based on the evidence presented that strict compliance with the requirements of this chapter will result in substantial undue hardship or inequity to the applicant without sufficient corresponding benefit to the city and its citizens in accomplishing the objectives of this chapter: (1)Permit a variance for a noncommercial or commercial sign of the setback,effective area, or height requirements of this chapter. (2) authorize one additional sign on premises in excess of the number permitted by this chapter; (b) The Board of Adjustment shall consider: (1) Special or unique hardship because of the size or shape of the property on which the sign is to be located, or the visibility of the property from public roads. (2) Hardship claim based on the exceptional topographic conditions or physical features uniquely affecting the property on which a sign is to be located. (3) Proposed sign location, configuration, design, materials and colors are harmonious with the design review guidelines. (4) The sign and its supporting structure should be in architectural harmony with the surrounding structures. (5) The city may take into consideration the demonstrated and documented correlation between the variance and protecting the public health and safety. (6) The city will be more inclined to consider a variance request when it is sought during an earlier stage of the construction approval process, for instance when the Responsible Party is submitting/obtaining a plat,planned unit development,development agreement, or site plan. (7) Master signage plans are highly encouraged.The city will be more inclined to favorably consider a variance request when the variance is part of a master signage plan. There will be a presumption against granting variances piecemeal,ad hoc,on a case-by-case basis when the sign for which a variance is sought could have been included in a master sign plan and considered in the course of a comprehensive review of the entire project's signage. (a) The board of adjustment may impose conditions upon the granting of a variance under this chapter. Such conditions must be related to the variance sought, and be generally intended to P.O. NO.6820 01/13/2020 PAV PAGE 29 OF 42 mitigate the adverse effects of the sign on neighboring tracts and the general aesthetic ambiance of the community. A non-exhaustive list of examples of conditions include increased setbacks, added vegetation,muted colors,and decreased lighting.The board of adjustment may condition sign variances on the Responsible Party bringing other existing, nonconforming signs into compliance with current regulations. A Responsible Party's failure to comply with conditions placed on a variance may result in the board of adjustment voiding the variance and authorizing all available code enforcement actions and other remedies available in equity or at law. (b) The Board of Adjustment may authorize the remodeling,renovation,or alteration of a sign when some nonconforming aspect of the sign is thereby reduced. (e) Where a permit was required for a sign's erection according to the law in effect at the time the sign was erected and where the Sign Administrator finds no record of a permit being issued,the Board of Adjustment may authorize the issuance of a replacement permit when, from the evidence presented, the board finds either that a permit was issued or that arrangements were made with a sign company to obtain such permit. [Sections 82-34 through 82-39 Reserved] ARTICLE IV—EXISTING SIGNS Section 82-40 Maintenance of Existing Signs. (a) All signs in the city shall be properly maintained at all times to the satisfaction of the Sign Administrator. The Sign Administrator shall have the authority to order the painting,repair, or removal of a sign which constitutes a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. The Sign Administrator's decision shall be subject to the review of the Board of Adjustment as listed below regarding appeal of a decision of an administrative official under Section 82-33. If within fifteen(15)days the maintenance orders are not complied with,the City Manager may order the sign removed at the owner's expense under the provisions of this ordinance. (b) It is an offense for a Responsible Party to fail to maintain signs and sign structures in a good and sound condition as determined by the building official in accordance with the International Building Code. Responsible Parties must repair or replace signs and sign structures that are rotting,pealing,rusting,fading,becoming discolored,covered in dirt,or filled with holes. Responsible Parties shall not allow signs or sign structures to become dangerous,within the meaning of the International Building Code,as a result of inadequate design,construction,repair,or maintenance.The city can seek to compel immediate removal of signs that are in such a state of disrepair as to constitute an imminent threat to public health, safety and welfare. Section 82-41 Newly Annexed Signs. Signs in areas newly annexed into the city limits shall be treated as nonconforming signs. If required for the type of existing sign, a permit shall be obtained. P.O.NO.6820 01/13/2020 PAV PAGE 30 OF 42 Section 82-42 Off-Premise Pole Signs (Billboards). Off-Premise Pole Signs(Billboards)with commercial advertising are prohibited in the City of Port Arthur. Off-Premise Pole Signs(Billboards)in existence prior to the enactment of this Ordinance shall be exempt from the provisions of that Ordinance for a period of six(6)years and six(6)months after its enactment, only if they are not hazardous to the health and safety of the public and are maintained in accordance with this Ordinance. After six (6) years and six (6) months from the enactment of this Ordinance,all billboards in the City of Port Arthur shall conform to the restrictions and standards of this Ordinance and any lighting regulations adopted by the City of Port Arthur. No existing billboard shall exceed forty (40) feet in height from the ground level. No existing billboard shall interfere with the visibility of pedestrians or drivers of motor vehicles at street intersections or otherwise obstruct traffic or create a traffic hazard. Section 82-43 Destroyed Nonconforming Signs. An existing non-conforming sign in the city limits may not be repaired or rebuilt in the case of obsolescence or total destruction by fire or other causes.In case of partial destruction by fire or other causes,where the cost of repairing the sign is less than sixty 60 percent of the cost of erecting a new sign of the same type at the same location, the Sign Administrator, or the Sign Administrator's designee, may issue a "no fee" permit for the necessary repairs to be made to the sign. If the necessary repairs are not completed within sixty(60)days of the receipt of written notification to the Responsible Party by the Sign Administrator or the Sign Administrator's designee, then the sign shall be removed either by the Responsible Party or by the City at the Responsible Party's expense. Criminal or civil penalties may also be initiated against the Responsible Party as provided for in this Ordinance.Under unusual circumstances and/or where the Responsible Party has shown"good faith" in attempting to comply with the provisions of this Ordinance,an extension period of thirty(30)days may be granted to the Responsible Party to facilitate repairs. If the cost of rebuilding or repair of an existing non-conforming sign exceeds sixty percent(60%)of the cost of erecting a new sign of the same type at the same location,the sign shall be removed at the Responsible Party's expense.If the sign is not removed within thirty(30)days of written notification to the Responsible Party,then it shall be removed by the City or its designated agent(s)at the Responsible Party's expense.A sign so removed under the provisions of this section shall be kept in storage for a period of sixty(60)days, and if it is not claimed within said period, it may be disposed of in a lawful manner by the City. Section 82-44 Abandoned or Discontinued Signs. An abandoned or discontinued sign is a sign that advertises a business or project that has ceased operations in excess of one (1) year, unless the property is leased, in which case the sign shall be removed after two(2)years.The Responsible Party shall remove any sign and/or sign structure that has not been used for advertising or promoting a going concern for at least one (1) year. For the purposes of this section,a business or project has ceased to operate when it is no longer engaged in the sale of products or services in the normal course of business. P.O.NO.6820 01/13/2020 PAV PAGE 31 OF 42 Section 82-45 Signs and Modifications. (a) Signs lawfully in existence on the date the provisions of this Code were first advertised that do not conform to the provisions of this Code,but which were in compliance with the applicable regulations at the time they were constructed,erected,affixed,or maintained,must be regarded as nonconforming. (b) For the purpose of amortization,these signs may be continued from the effective date of this Code for a period not to exceed ten(10)years,unless under a previous regulation the signs were to be amortized.In that case the amortization period must be as previously required or ten years, whichever is less. (c) Signs which were nonconforming to the prior Ordinance and which do not conform to this Code must be removed immediately. Section 82-46 Altered,Relocated,or Replaced Signs. Any sign which is altered,relocated,or replaced must be brought immediately into compliance with all provisions of this Code. [Sections 82-47 through 82-49 Reserved] ARTICLE V—VIOLATIONS AND PENALTIES Section 82-50 Violations. Should the Responsible Party or parties after due notice fail to correct a violation of this Section,the Sign Administrator or the Sign Administrator's designee shall cause such signs and supports to be removed. This Official, on behalf of the City, shall also take necessary action to file against the property a lien in the amount of the cost of such work if such costs are not paid by the property owner within fifteen(15)days after the property owner is billed.The Sign Administrator,or the Sign Administrator's designee,may also pursue criminal and/or civil penalties as provided for under this Ordinance. Section 82-51 Offense. It is an offense for any individual to violate or cause,allow or permit a violation any provision of this chapter and the individual who violates or causes, allows or permits a violation of this ordinance shall be guilty of a misdemeanor and shall be punished as provided in section 1-13 of the Port Arthur Code of Ordinances. DIVISION 2. PERMIT Sec. 82 51. Required; inspection. P.O. NO.6820 01/13/2020 PAV PAGE 32 OF 42 (1) Changing of permitted copy of an existing sign, provided that no increase occurs with respect to either the area of any such sign or the manner in which it is structurally (2) Vehicular signs; (3) Nameplate and street address signs; (') Weather flags; (5) Nonilluminatcd real estate signs; (6) Window signs; (7) Construction signs; (8) Movement control signs; (9) Protective signs; (10) Political signs; (11) Nonilluminatcd residential signs as allowed under section 82 163(b). (b) Any sign for which a permit is issued shall be inspected after its erection for conformity to the provisions of this chapter. (Code 1961, § 2A 72) Sec. 82 52. Permit fees for signs. (Code 1961, § 2A 72.1) Sec. 82 53. Applications. All applications for permits shall include a drawing to scale of the proposed sign and all construction, lighting motion and wiring, if any. All drawings shall be of sufficient clarity to show the extent of the work. (Code 1961, § 2A 73) Secs. 82 54 82 80. Reserved. ARTICLE III. REGULATIONS DIVISION 1. GENERALLY Secs. 82 81 82 100. Reserved. DIVISION 2. ALL ZONING DISTRICTS Footnotes: (3) Cross rcfcrcnec Zoning, app. A. Sec. 82 101. Application of division provisions. The provisions of this division shall apply to all areas of the city, without regard to zoning. (Code 1961, § 2A 31) Sec. 82 102. Limitation of traffic and emergency signs. P. O. NO. 6820 01/13/2020 PAV PAGE 33 OF 42 No persons shall cause to be erected or maintained any sign using any combination of forms, signals. (Code 1961, § 2A 32) Cross reference Traffic, ch. 106. Sec. 82 103. Signs over right of way or roof. (a) No attached sign shall be located on or project over a building, except as provided in section 82 135(5). (b) No sign shall be located within or project over any public right of way, or across the public right of way line extended across a railroad right of way, except when attached to and projecting no more than 18 inches from a building wall legally located at or near the right of (c) Notwithstanding any other provisions in this section,a sign may be located in the city right of way if a license to use is issued by the city council. (Code 1961, § 2A 33; Ord. No. 04 13, § 2, 3 30 2004) Sec. 82 104. Other codes not in ; (Code 1961, § 2A 34) p (a) Movement control signs may be erected by any occupancy or on any premises, other than a single family or duplex premises,may be attached or detached,and may be erected without limit (1) Each sign must not exceed two square feet in effective area; (3) The signs must contain no advertising or identification message. (b) The occupancy of any premises may erect not more than two-o-pcotectivc signs, in accordance (1) Each sign must not exceed one square foot in effective area; (2) Detached signs must not exceed two feet in height. (c) Vehicular signs shall conform to the following restrictions: (2) Vehicular signs shall not be attached to a vehicle so that the driver's vision is obstructed (3) Signs, lights and signals used by authorized emergency vehicles shall not be restricted; (1) Vehicular signs shall conform to all the regulations for detached signs if: a. The vehicular sign is so placed as to constitute a sign as defined in section 82 1; and P.O. NO.6820 01/13/2020 PAV PAGE 34 OF 42 (5) The owner of the vehicle upon which a vehicular sign is placed is responsible for ensuring that the provisions of this section arc adhered to and commits an offense if any vehicular sign on the vehicle violates this section. If such a vehicle is found unattended or by the named individual. (d) Real estate signs may be erected at any occupancy or premises in addition to any other signs (1) Bc illuminated; (3) Exceed 32 square feet in effective area in business districts or tracts of land greater than one acre; (1) Exceed one sign per street frontage. (e) Political signs may be erected at any occupancy or premises, in addition to any other sign (1) Not be illuminated; (3) Not exceed 32 square feet in effective area in business districts; ('1) Be removed within one week following the election for which the sign was erected or any runoff resulting therefrom. (Code 1961, § 2A 35) Sec. 82 106. Governmental signs. governmental entity; or to limit flags, insignia, legal notices or information, directional or traffic signs which arc legally required or necessary to the essential functions of government agencies. (Code 1961, § 2A 36) Sec. 82 107. Creation of site. -- . . _ . - . -, - -- - , . . - - - maintenance of a sign until a site is established under the requirements of section 23 100 of the (Code 1961, § 2A 37) • (b) Notwithstanding any other provision of this division, or other ordinance, any sign that may (Code 1961, § 2A 38) Sec. 82 109. Signs to be attached to the ground. P.O. NO.6820 01/13/2020 PAV PAGE 35 OF 42 (Code 1961, § 2A 39) Sec. 82 110. Signs to be maintained. Any sign creating a hazard, as determined by the superintendent of inspectors, due to collapse, fire, collision, decay or abandonment shall be removed or repaired within 30 days of notice of such hazard. (Code 1961, § 2A 40) Secs. 82 111 82 130. Reserved. DIVISION 3. BUSINESS ZONING DISTRICTS Feetnetesi (4) Cross reference Businesses, ch. 22; zoning, app. A. Sec. 82 131. Application of division. The provisions of this division apply to all signs in business zoning districts unless the sign is within 25 feet of either a nonbusiness zoning district boundary or a public park of more than one acre. (Code 1961, § 2A 51) Sec. 82 132. Other provisions govern exceptions. (Code 1961, § 2A 52) Sec. 82 133. General provisions applicable to signs in business zoning districts. (a) Signs which arc illuminated by flashing, intermittent or moving lights are prohibited. as to cause glare or impair vision. visual image including,but not limited to,illusion of moving objects,moving patterns or bands of light, expanding or contracting shapes, rotation or any similar effect of animation. _ .. ;.. -•ay move or rotate at a r - . - . - - ., -- . - - - seconds, or change its message more often than once each 20 seconds, except time and motion of which is not restricted. (Code 1961, § 2A 53) Sec. 82 131. Detached signs. (1) Detached signs may.be either premises or nonpremises signs. a. Premises which have more than 450 feet of common boundary with any dedicated and P.O. NO.6820 01/13/2020 PAV PAGE 36 OF 42 - , I -- - common boundary with more than one public street right of way is used in determination of additional signs permitted,at least one sign must be placed adjacent have two dctachcd premises signs. If a second dctachcd sign is permitted by the any additional detached signs. c. Any newly opened premises or any nonresidential occupancy may be granted a temporary permit not to exceed six months from the date of original opening for no more than one detached special purpose sign,provided that such sign conforms to all additional detached sign, provided that sign provides for changeable copy. This sign shall be in addition to any sign permitted by the application of subsection(2)a or(2)b of this section. ' - - ' - --- Area Setback Height (Square Feet) (in Feet) (in Feet) 048-50 5 2.0 50+ to 150 15 30 1-50+te-409 2 I 49 (Code 1961, § 2A 54) Sec. 82 135. Attached signs. (1) All attached signs must be premises signs or must convey a noncommercial message. (2) All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project to no more than 18 inches from that surface except as provided in subsection(5) of this section. (3) Any premises of any nonresidential occupancy may temporarily display one special purpose sign on each facade. (1) The total effective arca of all attached signs per premises or occupancy shall not exceed two square feet per one linear foot of occupancy facade or 120 square feet, whichever is greater. (5) Attached signs may project more than 18 inches from building surfaces as follows: sign projecting up to maximum of four feet from a vertical building surface, but not P.O. NO.6820 01/13/2020 PAV PAGE 37 OF 42 the premises,and that the sign does not exceed 20 square feet in effective area,and that public right of way; b. On any premises or nonresidential occupancy, a sign may be erected at the eaves or parallel to the facade, and does not project more than four feet above the surface to which ;t ; attached dispensed by the device,and project no more than one inch from the surface of the device. (Code 1961, § 2A 55) Sec. 82 136. Special provisions for nonpremises signs. Radial measurement is a measurement taken along the shortest distance between a sign or bei (b) Nonpremises signs shall comply with the area, setback and height requirements as outlined in section 82 134(3) except that nonpremises signs that exceed 400 square feet shall: (1) Not exceed 40 feet in height; and (2) Bc set back not less than 25 feet. or more major thoroughfares, or freeway travel lanes or ramps, or freeway service roads (d) A nonpremises sign that exceeds 72 square feet or is illuminated externally may not: (1) Exceed 672 square feet in effective area; (2) Bc located within 200 feet of a residential structure or residential zoning district boundafYi ' -•. ... -- --• - • - - -- -- that exceeds 72 square feet; or (1) Be located within 500 feet of another nonpremises sign on the same side of the street that does not exceed 72 square feet. (1) Two hundred fifty feet of another nonpremises sign on the same side of the street; (2) Thirty feet of any residential structure or nonbusiness zoning district; or (Code 1961, § 2A 56) Secs. 82 137 82 160. Reserved. DIVISION 4. NONBUSINESS ZONING DISTRICTSM Footnotes: (5) P.O.NO.6820 01/13/2020 PAV PAGE 38 OF 42 Sec. 82 161. Application of division. The provisions of this division apply to all signs located: (1) In any nonbusiness zoning district; (3) Within 25 feet of a public park of more than one acre, measured radially. (Code 1961, § 2A 61) Sec. 82 162. General provisions applicable to signs. - (b) An occupancy in a nonbusiness zoning district may erect only signs that convey a (c) In approving any single family,duplex or residential subdivision plat,the planning and zoning provisions of section 82 163. The maximum effective area of such signs-shall-net-exceed 40 , . . _-, . . . . . .. . section, an applicant must present an instrument approved by the planning and zoning commission of the city and the city attorney as to form,and filed for record in the decd records of the county, which identifies the lot or specific property on which any sign is to be located in the subdivision, (Code 1961, § 2A 62) Sec. 82 163. Detached signs. (a) Multifamily and nonresidential premises may display detached signs,subject to the following restrictions: a. Be a premises sign; or b. Convey a noncommercial message. (2) Number of signs. Each premises may have no more than one detached sign; provided, an alley, may have not more than one additional detached sign for each 500 feet of (3) Area, setback and height. A sign permitted by this section must comply with the Arca Setback Height (Square Feet) (In Feet) (In Feet) 0-te-1-0 44 P.O.NO. 6820 01/13/2020 PAV PAGE 39 OF 42 10+to20 1-0 1S 20+to 50 � 2e (b) A single family or duplex residential premises may display detached signs, subject to the following restrictions: (1) Type of signs. A sign permitted by this subsection must: a. Refer to the sale or lease of the premises; c. Convey a noncommercial message. (2) Number of signs. Each occupancy or premises may have no more than one detached sign. (3) Setback. A sign permitted by this subsection must comply with the following setback requirements: a. A minimum setback of five feet is required for all detached signs unless the premises or five feet in height. (Code 1961, § 2A 63) Sec. 82 164. Attached signs. (a) Attached signs arc permitted for multifamily premises, nonresidential premises and (1) All attached signs must be premises signs or must convey a noncommercial message. (2) All signs erected pursuant to this section shall be limited to one per facade per occupant or premises and 40 square feet of effective area. ('1) Each attached sign erected pursuant to this exception may have an additional 40 square building height. (5) All signs shall be mounted parallel to the building surface to which they are attached and (6) A nonresidential premises may erect one attached sign that projects no further than four feet from the vertical building surface, provided that the sign may not be illuminated, exceed 20 square feet in effective arca,extend above the roof or over any public right of way, be located within the space ten feet above the grade, or be on a premises with a d (b) A single family or duplex residential premises may not display an attached sign except a (Code 1961, § 2A-64) P.O. NO. 6820 01/13/2020 PAV PAGE 40 OF 42 CITY OF PORT ARTHUR SIGN ORDINANCE CHART Section 82-20 Residential Districts (LDR, MDR) Total Sign Area Type of Sign(s) Setback Permit Residential (Subdivision) 4 24 sq ft Monument Sign 15 feet Y acres or less Residential (Subdivision) 4 to 36 sq ft Monument Sign 15 feet Y 39 acres Residential (Subdivision) 40 64 sq ft Monument Sign 15 feet Y acres or more Subdivision- During 100 sq ft Pole Sign or 15 feet Y Construction Monument Sign (Temporary Sign) 15 sq ft Flags (2) ROW 2sgft Any ROW _ Residential 9 sq ft Any (temporary) ROW Individual Lots 4 sq ft Wall Sign (if Attached N home occupation) 8.5 x 11 inches Window Sign Attached 6 sq ft Any (temporary) ROW Residential Numbers 3-8 Address Signs- inches Any ROW N Required Section 82-21 Multi-Family Residential Districts (HDR)* Total Sign Type of Sign(s) Setback Permit Area Multifamily Residential- 20 24 sq ft Monument Sign 15 feet Y units or less Multifamily 36 sq ft Residential- 21 Monument Sign 15 feet Y units or more 15 sq ft Wall Sign, Attached Identification Sign Y 6 sq ft Ground or 15 feet Monument Multifamily 100 sq ft Any 15 feet N P.O.NO.6820 01/13/2020 PAV PAGE 41 OF 42 Temporary Sign— Entire Property Multifamily Temporary Sign— 9 sq ft Any 30 feet N Individual *Individual residents may also place any sign allowed in a residential district pursuant to written permission from property owner. Section 82-22 Manufactured Home District(MH)* Total Sign Type of Sign(s) Setback Permit Area Manufactured Monument Sign, Home District 36 sq ft Wall Sign, 15 feet Y Sign Projecting Sign Temporary Sign— 100 sq ft Any 30 feet N Entire Property Temporary Sign— 9 sq ft Any 30 feet N Individual *Individual residents may also place any sign allowed in a residential district pursuant to written permission from property owner. Section 82-23 Light Commercial (LC),Heavy Commercial(HC), and Neighborhood Services (NS). Total Sign Area Type of Sign(s) Setback Permit Commercial Sign 64 sq ft(total Wall, Canopy, Marquee, 15 feet Y (s) signage) Projecting Monument Sign, Monument Sign 100 sq ft Non-Attached 15 feet Y Sign 32 sq ft(sign Pump Island Gasoline Pump area) Logo 20 feet Y Island 40 sq ft(sign Price area) Restaurant Menu 32 sq feet Attached or 20 feet Y Detached Size of Attached to Equipment Signs ROW N equipment equipment Non-Commercial 25 s ft Pole, Wall, or ROW N Sign q Monument Sign Temporary Sign 100 sq ft Any 15 feet N —Entire Property Temporary Sign - 16 sq ft Any 15 feet N P.O.NO.6820 01/13/2020 PAV PAGE 42 OF 42 Individual Flags 24 sq ft Flag Minimum yard N(noncommercial) setback Section 82-24 Industrial (I),Agriculture(A), and Offshore Water (OW). Total Sign Area Type of Sign(s) Setback Permit Commercial Sign 64 sq ft(total Wall, Canopy, or 25 feet Y (s) signage) Projecting Monument Sign 100 sq ft Monument Sign 25 feet Y 32 sq ft(sign Pump Island Gasoline Pump area) Logo 25 feet Y Island 40 sq ft(sign Price area) Restaurant Menu 32 sq feet Attached or 20 feet Y Detached Size of Attached to Equipment Signs ROW N equipment equipment Non-Commercial 36 s ft Pole, Wall, or ROW N Sign q Monument Sign Temporary Sign 100 sq ft Any 30 feet N Flags 24 sq ft Flag Minimum yard N(noncommercial) setback Section 82-25 Multi-Unit Complex in a Non-Residential District-Additional Signs Requiring Permit. Total Sign Type of Sign(s) Setback Permit Area Complex Tenants 100 sq ft Monument Sign 15 feet Y Identification Sign or Wall Sign Individual Tenant 20 sq ft Wall Attached Y Sign *In lieu of wall,canopy,or projecting sign of sixty-four(64)square feet allowed in Sections 82-23 and 82-24 Section 82-26 Neighborhood Services (NS): Additional Signs Requiring Permit. Total Sign Type of Sign(s) Setback Permit Area Complex Tenants 100 sq ft Monument Sign 15 feet Y Identification Sign Individual Tenant 20 sq ft Wall Attached Y Sign* *In lieu of wall,canopy,or projecting sign of sixty-four(64)square feet allowed in Sections 82-23 and 82-24