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HomeMy WebLinkAbout1987-07-07 - Regular City CouncilMINUPES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JULY 7, 1987 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on July 07, 1987, at 7:00 p.m. in the Council Chambers of City Hall, 354 N. Belknap, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Article 6252 -17, Section 3A, V.A.C.S., with the following members present, to wit: Larry Hatmnett Mayor Bob Self § W. G. Brede (7:10pn) § Allen Horne § Maxine Dameron § Council Members James L. "Jim" McSwain § Ray Reynolds § Larry Tatum § and Kurt Ackermann City Administrator Joseph Chandler City Attorney Joyce Pemberton City Secretary Mayor Hammett called the meeting to order and declared a quorum present. 87 -007 Councilman Self made a motion to pay Mr. Troy Dale Thorne $403.07, the lower of two (2) estimates received, for the damages to his vehicle when a patrol car rolled into Mr. Thorne's car. Seconded by Councilman Horne, the motion carried by 8 ayes and 0 nays. Councilman McSwain made a motion to pay Mr. Earl Rogers $854.90, the lower of three (3) estimates received, for the damages to his vehicle when a loose man - hole cover came off and hit his pickup. Seconded by Councilwanan Dameron, the motion carried by 8 ayes and 0 nays. It was the consensus of the City Council to authorize the City Administrator to assign damage claims to the Damage Claims Camnittee at the time said claim is received in his office. Mr. Dan Young appeared before the Council, relative to the purchase of an aban- doned alley surrounded by property owned by Mr. Young. Mayor Hammett assigned this to the Planning & Development Ca[mittee for further study. 87 -010 Councilman Tabun made a motion to renew the contract with the law firm of Calame, Linebarger & Graham, Corsicana, Texas, for the collection of delinquent ad valorem taxes. Seconded by Councilman McSwain, the motion carried by 8 ayes and 0 nays. - 423 - 87 -011 Councilman Reynolds made the motion to grant Kenneth Currier a variance to the Subdivision Ordinance to begin work on North Wedgewood Subdivison (Phase I - Cammercial Property) facing onto Lingleville Road, and being Lot 1, Block 5, (5.788 acres) before obtaining stipulated sanitary sewer and stormwater drainage easements from Mrs. Lucille Ray, adjacent property owner. Seconded by Council- man Brede, the motion carried by the following vote: AYES: Mayor Hammett and Councilmenbers Brede, Horne, Dameron, McSwain, Reynolds, and Tatum. NOES: None ABSTAIN: Councilmember Self. 87 -012 Councilman Allen Horne made the motion to retain First RepublicBank as the city's financial advisor. Seconded by Councilman Ray Reynolds, the motion carried by a vote of 8 ayes and 0 nays. Councilman Ray Reynolds made the motion to authorize First RepublicBank to proceed with preparation of necessary documents for refunding of the 1985 Revenue Bonds subject to Council approval of contractual arrangements. Seconded by Councilman Allen Horne, the motion carried with 8 ayes and 0 nays. 87 -013 Councilman Bob Self asked for reconsideration of city policy regarding extension of city sewer service outside the city limits. Mayor Larry Hammett assigned this item to the Franchise Utilities Committee for study and recommendations. 87 -014 Councilman Jim McSwain asked for Council discussion of a resolution banning smoking and /or use of other tobacco products in Council Chambers. Councilman Bob Self moved to strike this item fran the agenda. Seconded by Councilman Allen Horne, the motion did not carry by the following vote: AYES: Councilmenbers Self and Horne NOES: Mayor Larry Hammett and Councilmembers Brede, Dameron, McSwain, Reynolds, and Tatum. Mayor Hammett assigned this item to the Public Health & Safety Committee for further study and recommendations. 87 -015 Mayor Hammett assigned to the Planning & Zoning Commission the item regarding future annexation of territory. 87 -016 (Councilman Ray Reynolds had to leave the meeting) At the request of Councilman Bob Self the approval of the preliminary plat of Sanders Subdivision, being 7.444 acres of W1m. Motley Survey, Abst.515, Erath County, Texas, was removed from the Consent Agenda for further discussion. 87 -017 Councilman Jim McSwain made the motion to approve the minutes of the City Council meeting of June 2, 1987 as written. Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. - 424 - Councilman Jim McSwain made the motion to approve the final plat of Greenbriar Subdivision, being 8.436 acres of the John Blair Survey, Abst. 32, and Nu. Motley Survey, Abst. 515, Erath County, Texas, as recommended by the Planning & Zoning Cammission. Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. MEMO, Councilman Jim McSwain made the motion to set Tuesday, August 4, 1987 at 7:00 p.m. in City Council Chambers at City Hall, 354 N. Belknap Street, as the date, time, and place for a public hearing to consider permanent zoning classification of "B-1- Neighborhood Business District" of 0.736 acres of the John Blair Survey, Abst. 32, Erath County, Texas, located at Frey and Race Streets. Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. 87 -020 Councilman Jim McSwain made a motion to authorize the purchase of pipe to replace water mains for temporary service. Bid #2389 - Contract awarded to Rohan Co. in the amount of $2,851.78. Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. 87 -021 Councilman Jim McSwain made a motion to authorize the purchase of sewer pipe, sewer fixings and adapters - Bid #2390: Contract awarded to: Rohan Co. in the amount of $945.76 Texas Independent Pipe " $140.00 Fitting Supply Co. $ 91.50 Industrial Internat'l $ 96.00 Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. 87 -022 Councilman Jim McSwain made a motion to authorize the purchase of repair clamps and couplings for Water Department - Bid #2391: Contract awarded to: Rohan Co. in the amount of $1,979.78 Bowles & Edens to $ 438.06 Seconded by Councilman Larry Tatum, the motion carried by a vote of 7 ayes and 0 nays. 87 -023 Councilman Jim McSwain made a motion to adopt on first and final reading an ordinance amending the "Sexually Oriented Businesses" ordinance, enacted June 2, 1987, relative to the fines and penalties; providing for a penalty not to exceed $1,000.00 for violation thereof for each offense. ORDINANCE NO. 1987 -16 87 -024 (Item removed from Consent Agenda) Councilman Bob Self made a motion to approve the preliminary plat of the Sanders Subdivision, being 7.444 acres of Un. Motley Survey, Abst. 515, Erath County, Texas, with the recommendations of the Planning & Zoning Commissions Nos. 1 -7 listed in agenda packet. Seconded by Councilmember Maxine Dameron, the motion carried by a vote of 7 ayes and 0 nays. 87 -025 A public hearing was held relative to rezoning Lot 13B, Block 1, Sloan First Addition, known as 1250 Lingleville Road, from R -3 "Multiple Family Residential - 425 - A District" to B-1 "Neighborhood Business District ". No one appeared before the Council either in favor of or against this request. There being no one to address the Council, this public hearing was closed. ��IIiII'i Councillman Larry Tatum made a motion to rezone Lot 13B, Block 1, Sloan First Addition, known as 1250 Lingleville Road, from "R- 3- Multiple Family Residential District" to "13-1- Neighborhood Business District ". Seconded by Councilman Bill Brede, the motion carried by the following vote: AYES: Mayor Larry Hammett and Councilmembers Brede, Horne, Dameron, Tatum NOES: Councilmenber McSwain ABSTAIN: Councilmember Self (out of roan at time of vote). 87 -027 A public hearing was held relative to adoption of an ordinance amending the City Zoning Ordinance, Section XV "Sign Regulations "; providing regulations for the size, height, and location of advertising signs with in the City of Stephenville, Texas. Appearing in opposition to this ordinance was Gerald Scitern. No one appeared in favor of this ordinance. There being no others to appear concerning this ordinance, the hearing was declared closed. Councilman Larry Tatum made a motion to adopt an ordinance amending the City Zoning Ordinance, Section XV, "Sign Regulations" with corrections stated during discussion. Seconded by Councilman Self, the motion carried by the following vote: AYES: Mayor Tarry Hammett and Councilmenbers Self, Horne, Dameron, McSwain, and Tatum. NOES: Councilman Bill Brede 87 -029 Councilman Bob Self made a motion to approve a resolution authorizing the City Administrator to execute an agreement regarding participation by Stephenville Police Officers in the Stephenville -Erath County Multi - Agency Drug Crime Enforcement Unit and setting forth the operation guidelines. Seconded by Councilmenber Maxine Dameron, the motion carried with 7 ayes and 0 nays. RESOLUTION NO. 1987 -3 87 -030 Councilman Bill Brede made a motion that the City improve the existing Lockhart Road adjacent - to Sanders' development by replacing 220 feet of paving and widening the pavement to meet the developer's curb and gutter (to be installed) because this is an existing road used by the public and the developer would not be required to undertake these improvements under the City's Subdivision Ordinance as recannended by the Director of Public Works Danny Johnson. Seconded by Councilmenber Maxine Dameron, the motion carried with 7 ayes and 0 nays. Mayor Larry Hammett read items discussed during Executive Session and the following action was taken: 87 -031 It was the consensus of the City Council that a resolution be prepared authorizing the firm of Cantey, Hanger, Gooch, Munn and Collins and Donald K. Buchman be authorized to continue to represent the City of Stephenville in the case of Osborne v. City of Stephenville et al and the case of Tobias v. City of Stephenville et al. - 426 - 87 -032 Councilman Jim McSwain made a motion to authorize City Administrator Kurt Ackennann to write a letter to Alden Nellis of the firm of Computers & Printing Unlimited, stating that if full payment is not received by August 1, 1987 for the property awarded under Bid No. 2373 (Harbin Drive Property) the bid contract will be voided. Seconded by Councilman Allen Horne, the motion carried with 7 ayes and 0 nays. 87 -033 It was the consensus of the Council that the Personnel Cacmittee address the problem of finding an assistant city attorney. There being no other business, the meeting was adjourned at 9:40 p.m. ATTEST: Larry HMmett, Mayor ty retary - 427 - RESOLUCION NO. 1987 -2 WHEREAS, S. G. Johndroe, Jr. of the firm of Cantey, Hangar, Gooch, Munn and Collins has been employed by the City of Stephenville to represent the City and its employees in the cases of Osborne v. the City of Stephen- ville et al and Tobias v. City of Stephenville et al; and WHEREAS, S. G. Johndroe, Jr. is now deceased; and WHEREAS, S. G. Johndroe, Jr. was assisted in his representation of the City in these two cases by Donald K. Buchman of the firm of Cantey, Hanger, Gooch, Munn and Collins; and WHEREAS, the City of Stephenville desires that Donald K. Buchman of the firm Cantey, Hanger, Gooch, Munn and Collins continue to represent the City in these two cases: NOW, THEREFORE, BE IT RESOLVED that the firm of Cantey, Hanger, Gooch, Munn and Collins and Donald K. Buchman be authorized to continue to repre- sent the City of Stephenville in the case of Osborne v. City of Stephenville et al and the case of Tobias v. City of Stephenville et al. PASSED AND APPROVED this the 7th day of July, 1987. Larry Hhdnett, Mayor n' RESOLUTION NO. 1987 -3 A RESOLUTION AUTHORIZING THE CITY ACMINISTRATOR TO EXECUTE AN AGREEMENT REGARDING PARTICIPATION BY STEPHENVILLE POLICE OFFICERS IN THE STEPHIN- VILLE - ERATH COUNTY MULTI - AGENCY DRUG CRIME ENFORCEMENT UNIT AND SETTING FORTH THE OPERATION GUIDELINES. WHEREAS, the detection and apprehension of individuals in operating in the fieldof druy manufacturing, distribution, and use and in that of property offen- ses is often hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called upon to investi- gate the crime; and, WHEREAS, the manufacture, use, and distribution of illegal drugs accounts for a high percentage of crime in the City of Stephenville and the surrounding County of Erath and also accounts for associated property crimes such as burglary and theft and the manufacture and distribution of illegal drugs outside outside of the city limits of Stephenville and within Erath County has a direct impact on the City of Stephenville; and, WHEREAS, past experience has indicated that a cooperative effort between the City of Stephenville and the County of Erath and the Erath County District Attorney's Office has been effective in detecting and deterring the activities of those involved in the manufacture, distribution, and use of illegal drugs to the mutual benefit of the City and the County; and, WHEREAS, the existence of a jurisdictional division between the City of Stephenville and the County of Erath impedes the effectiveness of individual law Enforcement Officers Employed by the City of Stephenville to detect and erad- icate criminal activity in illegaldrugs outside the city limits of Stephenville; and, WHEREAS, pursuant to State Legislation authorizing the formation of mutual aid law enforcement units, the approving City of Stephenville and County of Erath have indicated their desire to participate and be a part of a cooperative investigative and enforcement effort to be ]mown as and designated as the Stephen- ville - Erath County Multi - Agency Drug Crime Enforcement Unit (Unit). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILI , TEXAS; 1. THAT the City Administrator is be and he is hereby authorized to execute the attached Stephenville - Erath County Multi- Agency Drug Crime Enforcement Unit Interlocal Assistance Agreement on behalf of the City of Stephenville, Texas, as a member participant. 2. THAT the City Administrator is be and he is hereby authorized to execute amendments thereto which add additional member participants as defined in said agreement. Presented and passed on this 7th day of July, 1987 by vote of 7 ayes and 0 nays at a regular meeting of the City Council of the City of Stephenville, Texas. Larry HaMett, Mayor ATTEST: Cam/ , ty, ecretary prov as to form Josep Chandler City Attorney Reviewe City - Administrator Kurt J. fickermann -3- ORDINANCE NO. 1987 -16 AN ORDINANCE AMENDING ORDINANCE NO. 1987 -15, "SEXUALLY ORIENTED BUSINESSES ", SECTION II, PARAGRAPH M (1), AND CHANGING THE FINE "NOT TO EXCEED $200.00" TO A FINE "NOT TO EXCEED $1,000.00 ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That Section II, Paragraph M (1), of Ordinance No. 1987 -15, "Sexually Oriented Businesses ", enacted June 2, 1987, providing for a penalty for viola- tion thereof not to exceed Two Hundred Dollars ($200.00) for each offense, is hereby amended to provide for a penalty for violation thereof not to exceed One Thousand Dollars ($1,000.00) for each offense. ATTEST: ' y S retary PASSED AND ADOPTED this 7th day of July, 1987. 0 Larry Habinett, Mayor SIGN REGULATIONS AN ORDINANCE AMENDING SECTION XV "SIGN REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, WHICH SETS OUT REGULATIONS FOR THE SIZE, HEIGHT, AND LOCATION OF ADVERTISING SIGNS WITHIN THE CITY OF STEPHENVIT -T . TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION XV, "SIGN REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVTI.T F. IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS: SECTION XV SIGN REGULATIONS I. GENERAL INTENT AND APPLICATION It is the intent of these regulations to provide uniform sign standards which promote a positive City image reflecting order and harmony in all zoning districts. Objectives to be pursued . in applying standards are as follows: A. To identify individual business, residential, and public uses without creating confusion, unsightliness, or visual obscurity of adjacent businesses. B. To assure that all signs in terms of size, scale, height, and location are properly related to the overall adjacent land use character and development lot size. C. To assure that all signs, in terms of color, form, material and design are conpatible with other structural forms on the development lots. D. To assure that off - premise advertising is compatible with adjacent land uses and does not obscure views of adjacent on- premise signs.- E. To assure that all signs, sign supports and sign bases shall be so constructed and designed to provide for design can - patibility with the development. Where possible, the materials used, - the form, color, lighting and style should be similar to the materials used in the development. II. GENERAL PROVISIONS A. All signs shall pertain only to the identification of the occupant /business /name, primary uses and /or primary services provided or primary products sold on the premises, except for billboards, governmental, or caimunity service signs as provided. B. All signs shall meet the requiranents of all applicable codes and ordinances pertaining to sign construction of the City of Stephenville and the Uniform Sign Code. C. Except as herein provided, no person or business firm, acting either as principal or agent, shall erect any sign or sign structure until a sign permit for such work has been issued by the Building Inspector to a contractor or the owner or occupant of the premises where the work is to be done. D. No sign, sign structure, or sign support shall project over any property line, except that a sign placed flat against the wall of a building, which is on the property line may project eighteen (18 ") inches over the property line. E. Trees, rocks, bridges, fences, winchmill towers and dilapi- dated buildings shall not be used as sign supports. F. All building locations shall be identified by a street address sign which is clearly visible fran the street. G. Signs with flashing, blinking or traveling lights shall have light bulbs which do not exceed thirty -five (35) watts each. H. In the event that more than one sign- related definition applies to a non - prohibited proposed sign, resulting in conflicting regulations thereon, the sign applicant may choose the definition that is to apply, with qualification that any regulations related to that definition must be adopted. Where the proposed sign is of a type that is pro- hibited, it shall remain prohibited notwithstanding that it may also cane within the definition of an approved type of sign. I. In the event a portable sign is used as a free standing sign in the R -3, B-1, B-2, B-3, B-4, or I Districts, said sign shall be anchored- to prevent movement by wind or other means. J. No out door advertising display sign shall be erected, constructed, or maintained so as to constitute an obstruc- tion of the view of pedestrians or motorists upon or entering a public thoroughfare. All signs of any nature whatsoever, whether temporary or permanent, when situated within fifteen feet (15' ) of the curb or edge_ of a public street shall either: . a. Have a clear height of eight and one -half feet (81/2') from the ground to the bottan of the sign; or b. Have height of not more than two and one -half feet (21&) measured from the top of curb to the top of the sign; provided, that wall signs may be permitted on a fence or wall which canplies with setback and height requirements of the Zoning Ordinance. III. PROHIBITED SIGNS The following signs shall be prohibited in all Districts: A. Any signs and supports, other than those signs and supports required by governmental authority, which are located on the public right -of -way, including on public streets, alleys and parkways. This section shall not apply to signs on commer- cial vehicles or cc mercial trailers lawfully operated or parked in such areas or wheeled signs prohibited in Section III -E following:: - =- B. Banners, pennants, search lights, twirling signs or "A" frame signs, sidewalk or curb signs, balloons or other gas filled objects. (Except banners, pennants, and search lights may be permitted- for a period not to exceed thirty (30) days for specia.events). C. Any signs which resemble an official traffic sign or signal of which bear the words "Stop ", "Go Slow ", "Caution ", "Danger ", "Warning ", or similar words. D. Signs which, by reason of their size, location, movement, content, coloring, or manner of illunination, may be con- fused with or construed as a traffic control sign, signal or device, or the light of an Emergency or road equipment vehicle, or which hide fran view any traffic or street sign or signal or device. IV. V. VI. E. Wheeled signs. F. Any sign which amts sound, odor or visible matter which serve as a distraction to persons within the public right -of -way. DAMAGED SIGNS A. All structurally unsafe signs shall be removed within ninety (90) days. B. Should the responsible party or parties, after due notice, fail to correct a violation of this section, the Building Inspector shall cause such signs and their supports to be demolished and removed. If such sign cannot be demolished because it is painted on a building or other non -sign struc- ture, such sign shall be painted over or removed by sand- blasting. The Building Inspector shall also file against the property a lien in the amount of the cost of all such work. All signs which do not conform to the provisions of this ordi- nance and are in existance on the effective date of this ordi- nance, shall be allowed to remain, provided such use does not constitute a hazard or public nuisance and provided such use is not in contravention of provisions of other ordinances. Any sign erected, constructed, enlarged, altered or converted after the passage of this ordinance, which does not conform to the provisions thereof, shall be considered an illegal sign. VII. SIGN RR =1, R_2 AND MH DISTRICTS The following regulations shall apply in the "R -1 ", "R -2" and MH Districts: A. One (1) unlighted sign, which shall not exceed one (1) square foot in area, indicating the name of the occupant shall be permitted, provided the sign is attached to the face of the wall with no open space between the sign and the wall. B. One (1)free standing sign, which shall not exceed eighteen (18) square feet, for church or school shall be permitted. See Section II(J) for height, setback, and spacing require- ments. C. One (1) unlighted sign which shall not exceed ten (10) square feet in area on each lot pertaining to the prospec- tive lease, sale or rental of the building or premises on which it is located, provided the sign is immediately removed upon the lease, sale or rental of such building or premises. D. Primary Uses - Signs shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respec- tive district in which the use is otherwise permitted. E. Special Exception Uses: Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the requirements exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. LOCATION FOR YARD SIGN R -1, R -2 AND MH DISTRICTS - CNE SIGN PER LOT VIII. SIGN REGULATIONS R -3 DISTRICT The following.regulations shall apply in the "R -3" District: A. R -1 and R -2 uses shall meet the requirements of their respective Districts as_ outlined _in Section VII. B. Primary identification wall signs, each having an area not exceeding ten (10) percent of the area of one (1) wall or five (5) percent of the area of two (2) walls, where appli- cable, or fifty (50) square.feet, whichever is less. C. One (1) free - standing sign indentifying the name of the development shall be permitted. Such sign area shall not exceed fifty (50) square feet. Overall sign height shall not exceed - twenty -five (251) feet. Sign setbacks must be in conformance with Section II (J). D. Auxiliary type signs, each not exceeding ten (10) square feet in area and twenty (20) square feet per building. E. Wall signs shall be placed flat against the wall of a building and shall not extend above the front wall or beyond side wall of the building. F. All signs, except for the auxiliary signs, shall identify the development by name and /or address only. Signs may be back lighted, indirect lighted, internal lighted, or lighted by spots. G. Pry Uses - Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respec- tive district in which the use is otherwise first permitted. H. Special Exceptions Uses: Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the requirements exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. IX. SIGN REGULATIONS B-1 DISTRICT The following regulations shall apply in the "B-1" District: A. Auxiliary Signs Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a- window or flat against the wall of a building. Free- standing auxiliary signs of not more than two and one -half (21/2) feet in height and three (3) square feet in area are permitted on private property. Auxiliary sign area shall not be counted against total per- mitted sign area. B. CANOPY /ROOF SIGNS Canopy /roof signs shall be counted as a part of and limited to the percentage allowable for wall signs. Canopy /roof signs may not exceed <twenty-five feet (251) in height including building height. 1. Signs on Front Side of Building Canopy, Excluding Detached Accessory. Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy, more than six (6') feet above the top of the canopy, or more than three (31) feet above the building roof line. For the purposes of this Section the front side of a canopy shall be any side parallel to, or more parallel than per- pendicular to, the building wall on which the canopy is attached. 2. Signs on Lateral Side of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. — Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (2') feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3') feet. For the purposes of this Section the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. 3. Signs on Roof or Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpen- dicular to, the front side of the canopy shall be regu- lated in Section IX-B-1 above. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section IX -B-2 above. 4. Signs Under Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached to and suspended fran the under- side of building canopies with the following restric- tions: a) . Not more than one such sign is permitted per business. b). Such sign must identify only the store's name and address. c). Such sign must have an area not exceeding four (4) square feet. d). The bottan edge of such sign shall be no less than seven (71) feet above grade. e). Such a sign may be placed perpendicular to the front wall of the building except that nothing in this Section shall supercede Section II -D herein. 5. Signs Placed on Free- Standing Canopy or Detached Accessory Island Canopy. Signs may be located any place on a canopy that is not attached to a building except that such signs shall not project beyond the width of that canopy, more than two (2') feet above that canopy or more than one (1') foot below that canopy. C. FREE- STANDING SIGNS One free- standing sign for each free- standing building in the "B-1" District shall be permitted meeting the following requirements: The area of such sign shall not exceed an amount equal to 0.40 square feet per front foot of the lot. Such sign area shall not exceed two hundred and fifty (250) square feet. 2. HEIGHT Sign height shall not exceed twenty -five (251) feet. 3. SETBACK Sign setback must be in conformance with Section II(J). 4. SPACING Free - standing signs shall be placed a minimum of ten feet (10') fran any side lot line. E�Ti M00(Hki �13 Advertising signs, when the same are attached to a building and advertise only business name, services, articles, or products which are offered within the building to which such sign is attached, shall be permitted, provided that such signs shall not extend more than more than two (2' ) feet perpendicular from the face of the walls of such building. Not more than ten (10 %) percent of any wall shall be used for such signs, except when free - standing signs are allowed, but not used, this may be increased to not more than fifteen (15 %) percent of said wall. Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. F. SPECIAL EXCEPTION USES Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the require- ments exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. X. SIGN REGULATIONS B-2 DISTRICT The following regulations shall apply in the "B-2" District: A. AUXILIARY SIGNS Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a window or flat against the wall of a building. Free- standing auxiliary signs of not more than two and one -half (21/2) feet in height and three (3) square feet in area are permitted on private property. Auxiliary sign area shall not be counted against total per- mitted sign area. B. CANOPY /ROOF SIGNS Canopy /roof signs shall be counted as a part of and limited to the percentage allowable for wall signs. Canopy /roof signs may not exceed thirty -five feet (35') in height including building height. 1. Signs on Front Side of Building Canopy, Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy, more than six (61) feet above the top of the canopy, or more than three (31) feet above the building roof line. For the purposes of this Section the front side of a canopy shall be any side parallel to, or more parallel than per- pendicular to, the building wall on which the canopy is attached. 2. Signs on Lateral Side of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (2') feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3') feet. For the purposes of this Section the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. 3. Signs on Roof or Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpen- dicular to, the front side of the canopy shall be regu- lated in Section X -B-1 above. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section X -B-2 above. 4. Signs Under Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached t6--and—suspended from the under - side of building canopies with the following restric- tions: a) . Not more than one such sign is permitted per business. b). Such sign must identify only the store's name and address. c). Such sign must have an area not exceeding four (4) square feet d). The bottom edge of such sign shall be no less than seven (71) feet above grade. e). Such a sign may be placed perpendicular to the front wall of the building except that nothing in this Section shall supercede Section II -D herein. 5. Signs Placed on Free - Standing Canopy or Detached Accessory Island Canopy. Signs may be located any place on a canopy that is not attached to a building (except for gasoline pump islands which have a booth) except that such signs shall not project beyond the width of that canopy, more than two (2') feet above that canopy or more than one (1') foot below that canopy. C. FREE- STANDING SIGNS One (1) free- standing sign for each free- standing building in the "B-2" District shall be permitted except multiple frontage lots in the B-2 District will be allowed a maximum of three (3) free - standing signs per development site. Such signs must meet the following requirements: 1. The area of each sign shall not exceed an amount equal to 0.40 square feet per front foot of the lot. Such sign area shall not exceed two hundred and fifty (250) square feet. 2. HEIGHT Sign height shall not exceed thirty -five feet (351). 3. SETBACK Sign setback must be in conformance with Section II(J). SPACING Free - standing signs shall be placed a minimum of ten feet (101) from any side lot line. D. WALL SIGNS Advertising signs, when the same are attached to a building and advertise only business name, services, articles, or products which are offered within the building to which such sign is attached, shall be permitted, provided that such signs shall not extend more than two (21) feet perpendicular from the face of the walls of such building. Not more than ten (10 %) percent of any wall shall be used for such signs, XI. E. except when free- standing signs are allowed, but not used, this may be increased to not more than fifteen (158) percent of said wall. PRIMARY USES Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. F. SPECIAL EXCEPTION LEES Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the require- ments exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. SIGN REGULATIONS B-3 DISTRICT The following regulations shall apply in the "B-3" District: A. AUXILIARY SIGNS Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a window or flat against the wall of a building. Free- standing auxiliary signs of not more than two and one -half (21/�) feet in height and three (3) square feet in area are permitted on private property. Auxiliary sign area shall not be counted against total per- mitted sign area. B. CANOPY /ROOF SIGNS Canopy /roof signs shall be counted as a part of and limited to the percentage allowable for wall signs. Canopy /roof signs may not exceed thirty -five feet (351) in height. 1. Signs on Front Side of Building Canopy, Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy, more than six (61) feet above the top of the canopy, or more than three (31) feet above the building roof line. For the purposes of this Section the front side of a canopy shall be any side parallel to, or more parallel than per- pendicular to, the building wall on which the canopy is attached. Signs on Lateral Side of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (2') feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3') feet. For the purposes of this Section the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. Signs on Roof or Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs place on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpen- dicular to, the front side of the canopy shall be regu- lated in Section XI -B-1 above. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section XI -B-2 above. 4. Signs Under Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached to and suspended from the under- side of building canopies with the following restric- tions: a). Not more than one such sign is permitted per business. b). Such sign must identify only the store's name and address. c). Such sign must have an area not exceeding four (4) square feet. d). The bottan edge of such sign shall be no less than seven (71) feet above grade. e). Such a sign may be placed perpendicular to the front wall of the building except that nothing in this Section shall supercede Section II -D herein. 5. Signs Placed on Free - Standing Canopy or Detached Accessory Island Canopy. Signs may be located any place on a canopy that is not attached to a building (except for gasoline pump islands which have a booth) except that such signs shall not project beyond the width of that canopy, more than two (2') feet above that canopy or more than one (1') foot below that canopy... C. FREE- STANDING SIGNS One (1) free- standing sign for each free- standing building in the "B-3" District shall be permitted except multiple frontage lots in B- 3District will be allowed a maximun of three (3) free- standing signs per development site. Such signs must meet the following requirements: The area of each sign shall not exceed an amount equal to 0.40 square feet per front foot of the lot. Such sign area shall not exceed two hundred and fifty (250) square feet. 2. HEIGHT Sign height shall not exceed thirty -five (35) feet. 3. SETBACK Sign setback must be in conformance with Section II(J). SPArTNr Free - standing signs shall be placed a minimum of ten feet (10') from any side lot line. D. WALL SIGNS Advertising signs, when the same are attached to a building and advertise business name, services, articles, or products which are offered within the building to which such sign is attached, shall be permitted, provided that such signs shall not extend more than two (21) feet perpendicular from the face of the walls of such building. Not more than ten (108) percent of any wall shall be used for such signs, except when free - standing signs are allowed, but not used, this may be increased to not more than fifteen (158) percent of said wall. E. PRIMARY USES Sign shall be specifically described and indicated on the site plan. The sign requirenent for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. F. SPECIAL EXCEPTION USES Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the require- ments exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. XII. SIGN REGULATIONS B-4 DISTRICT The following regulations shall apply in the "B-4" District: A. AUXILIARY SIGNS Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a window or flat against the wall of a building. Free- standing auxiliary signs of not more than two and one -half (27/2) feet in height and three (3) square feet in area are permitted on private property. Auxiliary sign area shall not be counted against total per- mitted sign area. B. CANOPY /ROOF SIGNS Canopy /roof signs shall be counted as a part of and limited to the percentage allowable for wall signs. Canopy /roof signs may not exceed thirty -five feet (351) in height. 1. Signs on Front Side of Building Canopy, Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy, more than six (61) feet above the top of the canopy, or more than three (31) feet above the building roof line. For the purposes of this Section the front side of a canopy shall be any side parallel to, or more parallel than per- pendicular to, the building wall on which the canopy is attached. 2. Signs on Lateral Side of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (21) feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3') feet. For the purposes of this Section the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. 3. Signs on Roof or Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpen- dicular to, the front side of the canopy shall be regu- lated in Section XII -B-1 above. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section XII -B-2 above. 4. Signs Under Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached to and suspended from the under- side of building canopies with the following restric- tions: a) . Not more than one such sign is permitted per business. b). Such sign must identify only the store's name and address. c). Such sign must have an area not exceeding four (4) square feet d). The bottom edge of such sign shall be no less than seven (71) feet above grade. e). Such a sign may be placed perpendicular to the front wall of the building except that nothing in this Section shall supercede Section II -D herein. 5. Signs Placed on Free - Standing Canopy or Detached Accessory Island Canopy. Signs may be located any place on a canopy that is not attached to a building (except for gasoline pump islands which have a booth) except that such signs shall not project beyond the width of that canopy, more than two (2') feet above that canopy or more than one (1') foot below that canopy. C. FREE- STANDING SIGNS One (1) free- standing sign for each free- standing building in the "B-4" District shall be permitted except multiple frontage lots in the B-4 District will be allowed a maximum of three (3) free - standing signs per development site. Such signs must meet the following requirements: 1. AREA The area of each sign shall not exceed an amount equal to 0.40 square feet per front foot of the lot. Such sign area shall not exceed two hundred and fifty (250) square feet. 2. HEIGHT Sign height shall not exceed thirty -five (35) feet. Sign setback must be in conformance with Section II(J). RPArTMr, Free - standing signs shall be placed a minimum of ten feet (101) from any side lot line. D. WALL SIGNS Advertising signs, when the same are attached to a building and advertise business name, services, articles, or products which are offered within the building to which such sign is attached, shall be permitted, provided that such signs shall not extend more than two (2') feet perpendicular from the face of the walls of such building. Not more than ten (10 %) percent of any wall shall be used for such signs, except when free - standing signs are allowed, but not used, this may be increased to not more than fifteen (15 %) percent of said wall. E. PRIMARY USES Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. F. SPECIAL EXCEPTION USES Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the require- ments exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. XIII. SIGN REGULATIONS - I DISTRICP The following regulations shall apply in the "I" District: A. AUXILIARY SIGNS Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a window or flat against the wall of a building. Free- standing auxiliary signs of not more than two and one -half (21/2) feet in height and three (3) square feet in area are permitted on private property. Auxiliary sign area shall not be counted against total per- mitted sign area. B. BILLBOARDS (Poster panels or bulletins, multi -prism signs, or painted or printed bulletins). Outdoor advertising signs of this type shall be permitted in the "I" District, subject to the following conditions: 1. Billboards shall be constructed to meet the construction standards as established in the City of Stephenville Building Code or any other applicable code or ordinance. 2. Billboards shall be a minimum of eighty (80) feet fran any residentially zoned property line. 3. The maximum area of any billboard shall be three hundred (300) square feet. 4. There shall be a minimum separation of three hundred (3001) feet between all billboards on the same side of a street. 5. Billboards shall have a setback of not less than fifty (50') feet fran the right of way. 6. Billboards shall have a maximum height of thirty -five (35') feet. 7. All lighting of billboards shall be so shielded as not to produce intensive or excessive light or glare on adjacent property. C. CANOPY /ROOF SIGNS Canopy /roof signs shall be counted as a part of and limited to the percentage allowable for wall signs. Canopy /roof signs may not exceed thirty -five feet (351) in height. 1. Signs on Front Side of Building Canopy, Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy, more than six (61) feet above the top of the canopy, or more than three (31) feet above the building roof line. For the purposes of this Section the front side of a canopy shall be any side parallel to, or more parallel than per- pendicular to, the building wall on which the canopy is attached. 2. Signs on lateral Side of Building Canopy Excluding Detached Accessory Island. Canopy With or Without Enclosed Booth. Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (2') feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3') feet. For the purposes of this Section the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. 3. Signs on Roof or Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs place on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpen- dicular to, the front side of the canopy shall be regu- lated in Section XIII -B-1 above. Signs placed on the roof or a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section XIII -B-2 above. 4. Signs Under Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached to and suspended fram the under- side of building canopies with the following restric- tions: a) . Not more than one such sign is permitted per business. b). Such sign must identify only the store's name and address. c). Such sign must have an area not exceeding four (4) square feet d). The bottom edge of such sign shall be no less than seven (71) feet above grade. e). Such a sign may be placed perpendicular to the front wall of the building except that nothing in this Section shall supercede Section II -D herein. 5. Signs Placed on Free - Standing Canopy or Detached Accessory Island Canopy. Signs may be located any place on a canopy that is not attached to a building (except for gasoline pump islands which have a booth) except that such signs shall not project beyond the width of that canopy, more than two (2') feet above that canopy or more than one (1') foot below that canopy. D. FREE- STANDING SIGNS One (1) free - standing sign for each free - standing building in the "I" District shall be permitted except multiple fron- tage lots in the I District will be allowed for a maximum of three (3) free- standing signs per development site. Such signs must meet the following requirements: 1. AREA The area of each sign shall not exceed an amount equal to 0.40 square feet per front foot of the lot. Such sign area shall not exceed two hundred and fifty (250) square feet. 2. HEIGHT Sign height shall not exceed thirty -five (35) feet. 3. SETBACK Sign setback must be in conformance with Section II(J). SPACING Free - standing signs shall be placed a minimun of ten feet (101) from any side lot line. E. WALL SIGNS Advertising signs, when the same are attached to a building and advertise business name, services, articles, or products which are offered within the building to which such sign is attached, shall be permitted, provided that such signs shall not extend more than two (21) feet perpendicular fran the face of the walls of such building. Not more than ten (10 %) percent of any wall shall be used for such signs, except when free - standing signs are allowed, but not used, this may be increased to not more than fifteen (15 %) percent of said wall. F. PRIMARY USES Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. G. SPECIAL EXCEPTION USES Sign requirements for all special exceptions shall be set by the Board of Adjustment, and in no case shall the require- ments exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. XIV. TEMPORARY CONSTRUCTION SITE AND FOR -SALE AND RENTAL SIGNS For -sale signs, rental signs or temporary construction site signs not exceeding thirty -two (32) square feet in area and ten (10) feet in height may be placed at a development site, on pro- perty of one (1) acre or more for a period of one (1) year. XV. GOVERNMENTAL SIGNS Governmental signs not exceeding thirty -two (32) square feet in area and not exceeding ten (10) feet in height, shall be per- mitted. Such standards shall not apply where State or Federal regulations are in conflict with these standards. � a •••�- :.� a. ••• • • rte, Any temporary business pranotional signs shall only be placed in or on windows and shall have a combined area not exceeding 10% of the area of all the windows on the same wall. Said sign area shall not be counted against total permitted sign area. XVII. Ca41UNITY SERVICE SIGNS Any community service signs for seasonal celebration shall have no size limitation if placed in or on windows. Any cannunity service signs, not of a seasonal celebration nature, shall be placed in or on windows and shall have a combined area not exceeding 10% of the area of all the windows on that same wall. Such sign area shall not be counted against permitted wall sign area. XVIII.POLITICAL CAMPAIGN SIGNS (No Permit Required) A. A sign erected solely for and relating to a public election, provided: 1. The sign is on private property. 2. The sign is erected no sooner than the 60th day before the election and is removed no later than the 10th day after the election. 3. The maximum size for such sign in zoning districts R -1, R -2, R -3, and B-1 shall not exceed three (3) square foot. 4. The maximun size for signs erected in zoning districts B-2, B-3, B-4, and I shall not exceed a total of thirty - two (32) square feet. 5. No portable signs shall be permitted for political pur- poses and the surface of any sign permitted in this Section shall be printed, painted, or glued on the sign surface. PASSED AND APPROVED this 7th ATTEST: day of July, 1987. Larry HaVett, Mayor