Changes pertaining to Mixed Use Districts shown in red font ATTACHMENT 2 PROPOSED REVISIONS TO ARTICLE 3.1000 SIGN REGULATIONS The following is to be amended as shown. All amendments are italicized and bolded. ARTICLE 3.1000 SIGN REGULATIONS Sec. 3.1003 Definitions Zoning District Classifications Residential Districts: A Agricultural District SF-E Single-Family Dwelling District - Estate SF-l Single-Family Dwelling District - 1 SF-2 Single-Family Dwelling District - 2 SF-3 Single-Family Dwelling District - 3 2F Two-Family Dwelling District Multi-Family Districts: SF-A Single-Family Attached Dwelling District MF-l Multiple-Family Dwelling District - 1 MF-2 Multiple-Family Dwelling District - 2 MH Mobile Home District CON Condominium Business Districts: P O NS GR C Parking District Office District Neighborhood Service District General Retail District Commercial District Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 1
CC I IP PD FP Prefix Central Commercial District Industrial District Industrial Park District Planned Development District Flood Plain Prefix Mixed Use Districts: MU-1 MU-2 MU-R Mixed Use-1 District Mixed Use-2 District Mixed Use-R District (1995 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1003) Sec. 3.1004 Permit Required It shall be unlawful for any person to erect, repair, alter, or relocate within the City of DeSoto any sign as defined in this article without first obtaining an erectiona sign permit from the building official and making payment of the fee required by Section 3.1008 hereof. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required hereunder. All signs located within the "Highway Control Zone" shall be subject to the provisions of the Texas Highway Beautification Act-Outdoor Advertising Signs and a Highway Department License shall be required. (1995 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1004) Sec. 3.1005 Application for Permit Application for permits shall be made upon blanks sign permit applications provided by the building official, and shall contain or have attached thereto the following information: (1) Name, address, and telephone number of the applicant. (2) Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected. (3) Two (2) sets of plans shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences, and sidewalks. Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 2
(4) Two (2) blueprints or ink drawings of the plans and specifications showing method of construction, and attachment to the building or ground, size, type, height, construction materials, and such other information as the building official may require. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city. Plans shall include a registered engineer's seal for roof mounted signs or free standing signs of fifty (50) square feet or larger and ten (10) feet or more in height. (6) Name of person, firm, corporation, or association erecting structure. (7) Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected. (8) Any electrical permit required and issued for said sign. (9) Insurance policy or bond as required by Section 3.1017. (10) Zoning classification carried by the property. (11) Such other information as the building official shall require to show full compliance with this and all other laws and ordinances of the city. (12) The building official may require plans to be prepared by a registered professional engineer or architect. (13) Highway Department License for all signs located within the "Highway Control Zone." (Texas Highway Beautification Act-Outdoor Advertising Signs) (1995 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1005) (14) Signs located in Zoning districts Mixed Use 1 (MU-1), Mixed Use 2 (MU-2) and Mixed Use R (MU-R), as defined and regulated in the adopted DeSoto Zoning Ordinance, Sections 33A, 33B and 33C respectively, shall provide the location, type, size and look of signs in accordance with this ordinance as part of the Section 33D, Detailed Site Plan of the Desoto Zoning Ordinance. Sec. 3.1016 Exemptions The provisions and regulations of this article shall not apply to the following signs; provided, however, said signs shall not obstruct visibility as determined by the building official and shall be subject to the provisions of Section 3.1011, Unsafe and Unlawful Signs: Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 3
(1) Signs not exceeding eight (8) square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are located only, except in MU- 1, MU-2 and MU-R districts. (2) Signs not exceeding thirty-two (32) square feet which advertise the sale of residential tracts larger than five (5) acres; or commercial tracts which advertise the sale, rental, or lease of the premises upon which said signs are located only, except in MU-1, MU-2 and MU-R districts. (3) Name plates not exceeding one (1) square foot in area. (4) Bulletin boards not over twenty-five (25) square feet in area, for public, charitable, or religious institutions when the same are located on the premises of said institutions, except in MU-1, MU-2 and MU-R districts. (5) One temporary construction sign denoting the architect, engineer, or contractor when placed upon work under construction, and not exceeding sixteen (16) square feet in area. (6) Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building and not exceeding two (2) square feet in area. (7) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (8) Flags, emblems and insignia of any governmental body, decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. (9) On-site directional signs not exceeding two (2) square feet, provided such directional signs do not contain advertising and are not used as such. Placement of such directional signs must have the approval of the building official and conform to visibility standards. (10) On-site directional signs in MU-1, MU-2 and MU-R districts may be pole signs but may not exceed six (6) feet in height and shall not exceed nine (9) square surface feet. Only one directional sign is permitted per MU-1, MU-2 and MU-R building. (11) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such emergency, temporary or nonadvertising signs as may be approved by the city manager, or his authorized representative. Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 4
(1995 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1016) Sec. 3.1021 Prohibited Signs (a) It shall be unlawful for any person to display upon any sign any obscene, indecent, or immoral matter. (b) No persons shall erect, maintain, or permit the erection of any balloon or other floating device anchored to the ground or to any structure. (c) No person shall attach any sign, paper, or other material or paint, stencil, or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence or structure unless authorized by this article or by the city council or its delegated representative. (d) No sign shall be illuminated to an intensity greater than two hundred (200) footlamberts. The restrictions of luminance in this subsection shall be determined from any other premise or from any public right-of-way other than an alley. (e) Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Jump clocks showing time, temperature and similar data may be allowed by special permit of the city manager. (f) No person shall place on, or suspend from any building, pole, structure, sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise, or other advertising object or structure for the purpose of advertising such items, other than a sign as defined, regulated, and prescribed in this article except as otherwise allowed by ordinance. Items normally placed on service station pump islands shall not be prohibited by this subsection. (g) No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached, suspended from or allowed to hang loose from any sign, building or structure, except as allowed by other provisions of this article. Such advertising matter shall be a violation of this section and shall be removed immediately upon notice by the building official. (h) No portion of any sign all be erected upon or over public property unless authorized by the city council and under such terms and conditions that the city may impose. (i) No advertising sign of any type shall be erected within fifty feet (50') of an adjoining residential district except by special permit of the city council, subject to appropriate conditions and safeguards. (j) No sign shall be allowed unless it is permanently affixed to the premises except as allowed under Section 3.1022, Permitted Signs. (k) No temporary directional signs for the exclusive purpose of directing traffic to residential sections of the city shall be erected. Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 5
(l) No signs attached to a motorized vehicle, where the primary use of such vehicle is for sign purposes will be permitted. Signs attached to or upon any motorized vehicle shall be prohibited where-any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for the purpose of advertising. Vehicles operating under a city franchise shall be excluded from this provision. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce, or any bona fide transportation activity. (m) Any sign constructed of or containing material capable of reflecting light, images, or sound waves; producing glare or mirrored images, is strictly prohibited. (n) No banners or flags shall be allowed except as permitted under Section 3.1022, Permitted Signs. (1995 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1021) (o) Billboard signs, portable signs, neon signs and pole signs are prohibited within the MU- 1, MU-2 and MU-R districts. (p) Signs containing the use of florescent paint and florescent colors prohibited within MU- 1, MU-2 and MU-R districts (q) Signs described in Sec. 3.1023 Off-Premise Detached Signs are prohibited within MU-1, MU-2 and MU-R districts Sec. 3.1022 Permitted Signs Signs advertising each legally zoned activity within any district shall be allowed subject to the following conditions and regulations: (1) Signs shall pertain only to the identification of a building, business, or products and services manufactured, sold, or offered on the premises where the sign is located, except as otherwise provided. (2) Except as otherwise provided, all signs shall conform to the following requirements relative to type of sign allowed, maximum area, surfaces, heights, location, setback, and other provisions as set forth below by zoning district: (A) (B) (C) Residential Districts (A, SF-E, SF-l, SF-2, SF-3, and 2F). No signs shall be permitted in Residential Districts except:.. Nonresidential Uses (church, school, or park) located in Residential Districts (A, SF-E, SF-l, SF-2, SF-3, and 2F). No signs shall be permitted in these areas except:.. Multiple Family Districts (SF-A, MF-l, MF-2, and MH). No signs shall be permitted in these areas except:.. Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 6
(D) (E) (F) Business Districts (P, O, NS, GR, C, CC, and IP). No signs shall be permitted in the business districts except: Commercial and Industrial Districts (I and C)- Freeway Frontage. Signs shall be subject to the Texas Highway Beautification Act- Outdoor Advertising Signs.. Mixed Use Districts (MU-1, MU-2, and MU-R). No signs shall be permitted in Mixed Use Districts except: (i) Those allowed under Section 3.1016, Exemptions. (ii) Such temporary signs that may be allowed by Section 3.1024, Temporary Signs. (iii) (iv) (v) (vi) (vi) (vii) When possible, signs along a block face should be located at approximately the same height to create a unifying, horizontal pattern. Signs shall not project above the roof lines. Individual Mixed Use developments shall provide continuity in sign form, color, materials, shape, scale, and text font styles. Letters and graphics are permitted on awnings and canopies provided that they do not exceed ten inches in height. The letters and graphics must relate to the use or business on which they are displayed Signs must be located inside private property. Signs shall not constitute a visual hazard as determined by the building official. Attached Wall Signs shall be subject to the following restrictions: (aa) (bb) (cc) For non-residential uses a total of one hundred (100) square feet of signage per façade or two square feet of wall sign for every linear foot of architectural elevation width of building front, whichever is less. An attached sign located at a height of twenty-four (24) feet or less shall have a maximum vertical height of four (4) feet. An attached sign located at a height above twenty-four Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 7
(24) feet shall have a maximum vertical height of six (6) feet. (dd) (ee) (ff) (gg) (hh) Sign(s) shall not exceed seventy-five (75) percent of the width of such building or store frontage. Height shall not exceed the roof line or top of parapet wall and shall provide a minimum of ten (10) feet of vertical clearance from sidewalk or ground level. For residential uses, attached or wall signs are limited to promoting the name of the complex and shall not exceed a total of100 square feet per façade. Shall not project from the building surface more than twelve inches. Individual letters may make up the sign. (ii) (viii) Only one wall sign is permitted per business. Projection Signs shall be subject to the following restrictions: (aa) (bb) Projection signs shall be located on the first story of the building. They shall not extend more than 4 feet from the building facade. (cc) All projecting signs shall be mounted and hung at a 90 degree angle from the building facade. (dd) (ee) Projection signs shall provide a minimum of 10 feet of clearance above walking surface Only one projecting sign is permitted per business. (ix) Banner Signs shall be subject to the following restrictions: (aa) (bb) Banner signs are permitted on light poles within the City s right of way and will be maintained and displayed by City of DeSoto. Banner signs within Mixed Use disticts are permitted on poles or light poles but must be for graphics, art or Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 8
promoting public events. (cc) (dd) (ee) Banner signs shall not be used to advertise and are subject to approval by City of DeSoto. Banner signs shall not exceed 12 square feet Banner signs shall not exceed 3 feet in width (x) Directory Signs shall be subject to the following restrictions: (aa) (bb) (cc) Directory signs are signs that are attached to walls that list tenants in a building and do not advertise. One directory sign is permitted per building entrance and shall be located at a building entrance. Shall not exceed 8 square feet. (xi) Freestanding Monument Signs shall be subject to the following restrictions: (aa) (bb) (cc) (dd) A freestanding monument sign is a sign that is permanently attached to the ground and is the same width and solid from the ground up. Any pole(s) or supports shall be concealed. It shall be made of stone, concrete, metal, or similar materials. One (1) sign per building site shall be allowed, or one (1) sign per four hundred-fifty (450) lineal feet of frontage along street. Where more than one (1) sign is allowed, there shall be a minimum of one hundred (100) feet between signs. For Non-Residential developments, Size regulations shall be : One (1) square foot per one and one-half (1-1/2) lineal feet of property frontage up to a maximum of one hundred-fifty (150) square feet. Minimum size shall be twenty-five (25) square feet. For Residential developments, Size regulations shall be : One (1) square foot per one and one-half (1-1/2) lineal feet of property frontage up to a maximum of fifty (50) square feet. Minimum size shall be twenty- Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 9
five (25) square feet. (ee) (ff) (gg) (hh) (ii) (jj) Such signs shall display information in a uniform type style Both sides of a two-sided ground sign shall be identical in design and content. There shall be only one principal ground sign per principal entrance to the project. Monument signs shall not exceed 10 feet in height unless a waiver is granted for a multi-tenant monument sign for larger properties at the main entrance. Monument signs shall have planting areas along their base. No advertising matter shall be displayed on or attached to any free standing sign. No guys, braces, attachments, banners, flags, or similar devices shall be attached to any sign. Sec. 3.1024 Temporary Signs (a) Temporary subdivision development signs and for sale or lease signs may be erected upon approval of the city manager provided such sign(s) relate only to the property on which they are located. No such sign(s) shall be erected unless a permit has been secured (b) Temporary signs advertising occasional sales (including garage sales, patio and porch sales) shall be limited to one (1) sign not to exceed two (2) square feet placed upon the property where the sale is conducted. Any other signs at any location remote from the sale property are illegal. Permit for such sign shall not be required when an occasional sale permit has been secured. (c) Temporary signs for the purpose of advertising civic, nonprofit, or philanthropic organization activities may be erected within the City of DeSoto within the following guidelines: (d) Temporary portable signs for public, religious, school or charitable institutions may be permitted when such sign is located on the premises of said institution and subject to the following restrictions:.. (e) Temporary home builder directional signs, for the purpose of providing traffic directions Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 10
to new residential development in DeSoto only, located off the premises being advertised is allowed subject to the following restrictions: (f) Temporary sidewalks signs for the purpose of advertising or notifying an event may be erected within the MU-1, MU-2 and MU-R districts, subject to the following guidelines: (1) Temporary sidewalk signs may only be displayed during business hours. (2) They must relate to the business on site. (3) They must maintain an unencumbered walkway for pedestrians. (4) May not be permitted structures. (5) May not be electrified. (6) Maximum 12 square feet per side. (7) Only one temporary sidewalk sign is permitted per business. Copyright Franklin Legal Publishing, Inc. All rights reserved. Desoto Mixed Use Sign Ord Amendment 03.12.2010 Draft Page 11