Item 2_Draft Sign Changes_Redline — original pdf

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Working Draft for Codes and Ordinances Joint Committee Subject to Change Note: Red text indicates proposed changees to Chapter 25-10 CHAPTER 25-10. SIGN REGULATIONS. § 25-10-4 DEFINITIONS. In this chapter: (8) NONCONFORMING SIGN means a sign that was lawfully installed at its current location but does not comply with the requirements of this chapter. (9) OFF-PREMISE SIGN means a sign that displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message which is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the premises where the sign is located. For purposes of this definition, any portion of a lawfully permitted special event where public streets have been closed to traffic in accordance with Title 14 (Use of Streets and Public Property) shall be considered a single premises. (10) ON-PREMISE SIGN means a sign that is not an off-premise sign. (13) PUBLIC RIGHT-OF-WAY means land dedicated or reserved for street right-of-way, utilities, or other public facilities. (14) RIGHT-OF-WAY INSTALLATION means a legally permitted kiosk, bicycle kiosk, bus stop, or transit facility that is located in the public right- of-way. § 25-10-104 SIGNS PROHIBITED IN PUBLIC EASEMENTS AND RIGHT- OF-WAY. (A) A person may not cause or authorize a sign to be installed, used, or maintained on or over public right-of-way or other public property, including any public easement or other public encumbrance over private property, except as authorized by this chapter. (B) The primary beneficiary of any sign installed in violation of this section is presumed to have authorized or caused the installation, use, or maintenance of the sign in violation of this section and commits an offense. (C) Proof of a culpable mental state is not required for conviction of an offense under this section. (D) An offense under this section is punishable by a fine of not less than: (1) $ 50 for a first conviction; (Supp. No. 170) Page 1 of 10 Created: 2025-06-17 17:25:07 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (2) (3) $ 200 for a second conviction within any 24-month period; and $ 400 for a third or subsequent conviction within any 24-month period. (E) To determine the minimum fine under Subsection (D), one or more fines assessed during a 24-hour period beginning at midnight and ending at 11:59 p.m. constitute a single conviction. (F) A person who commits an offense under Subsection (A) shall remove the object. In addition to other enforcement remedies, a person who fails to remove an object within 48 hours after being notified of the offense in writing by an authorized City representative is subject to a civil penalty of $200 per day for every day or part of a day the object is in place. (G) The city manager may remove a sign or other advertising device installed, used, or maintained on or over any public property or public right-of-way in violation of this chapter. Notice is not required to be given to the owner or beneficiary of a sign removed under this section, either before the removal or before the disposition or destruction of the sign. (H) This section does not prohibit the installation, use, or maintenance in the right-of-way of: (1) (2) (3) (4) a sidewalk sign; a projecting sign in the downtown sign district; a street banner; a wall sign that is mounted flat against the building and extends not more than 18 inches from the facade of a building and into right-of- way; or a sign installed by a governmental agency for a governmental purpose; or a right-of-way installation. (5) (6) (I) A sign installed, used, or maintained on or over public property or public right-of-way is presumed to be abandoned, unless the sign is authorized by this chapter. Chapter 9-1 (Abandoned Property And Vehicles) does not apply to a sign abandoned under this section. The remedies authorized under this section are cumulative. If the City files a civil or criminal action, it is not precluded from pursuing any other action or remedy. (J) (Supp. No. 170) Page 2 of 10 Created: 2025-06-17 17:25:07 [EST] This provision will replace Section 25-10-158 Working Draft for Codes and Ordinances Joint Committee Subject to Change § 25-10-105 SIGNS AUTHORIZED IN PUBLIC RIGHT-OF-WAY AND RIGHT-OF-WAY INSTALLATIONS. (A) A sign authorized by this section includes an off-premise sign. (B) A sign may be installed on a right-of-way installation in accordance with this section. (C) A sign installed on a right-of-way installation may not exceed: (1) the lesser of 30 percent of the face or four-square feet on a bicycle kiosk or (2) 86 inches measured diagonally on all other right-of-way installations. (D) The director of Transportation Public Works is authorized to create administrative rules that apply to signs in the public right-of-way. At a minimum, these rules should address placement, orientation, lighting, and speed of the images. § 25-10-152 NONCONFORMING SIGNS. (A) A person may continue or maintain a nonconforming sign at its existing location. (B) A person may not change or alter a nonconforming sign except as provided in this subsection. (1) The face of the sign may be changed. (2) The sign may be changed or altered if the change or alteration does not: (a) increase the degree of the existing nonconformity; (b) change the method or technology used to convey a message; or (c) increase the illumination of the sign. (3) The sign may be relocated on a tract, if the building official determines that the relocated sign will not be hazardous, and the sign is: (a) located on a tract that is partially taken by condemnation or partially conveyed under threat of condemnation; or (b) moved to comply with other regulations. (Supp. No. 170) Page 3 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (4) A nonconforming sign may be modified or replaced in the same location, if the modification or replacement reduces: (a) the sign area by at least 20 percent; (b) the height of the sign by at least 20 percent; or (c) both sign area and height of the sign by an amount which, combined, is equal to at least 20 percent of the sign area and height. (5) The owner of a nonconforming off-premise sign may relocate the sign to another tract under these provisions if the requirements of this paragraph are met. (a) The original location of the sign must be: (i) in the area bounded by Highway 183 from Burnet Road to Highway 71, Highway 71 from Highway 183 to Lamar Boulevard, Lamar Boulevard from Highway 71 to 45th Street, 45th Street from Lamar Boulevard to Burnet Road, and Burnet Road from 45th Street to Highway 183, or on a tract that abuts the street right-of-way of a boundary street; (ii) in a scenic roadway sign district; (iii) within 500 feet of: 1. a historic sign district; or 2. a residential structure located in a residential base zoning district; [or] (iv) within the boundaries of a registered neighborhood association that has requested removal of the sign; or (v) on a tract that is partially or fully taken or conveyed under the threat of condemnation and the take or condemnation relates to transportation improvements along core transit corridors and future core transit corridors. (b) The sign must be permanently removed from the original tract and may not be replaced. Any tract upon which an off-premise sign has been unlawfully replaced shall not be eligible as a site for a relocated sign. (Supp. No. 170) Page 4 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (c) Except for a sign that must be relocated under Paragraph (5)(a)(v), the relocated sign: (i) must be in: 1. an expressway corridor sign district; or 2. for a sign with a sign area of 300 square feet or less, an expressway corridor sign district or a commercial sign district; (ii) may not be on a tract located on a scenic roadway; (iii) may not be within 500 feet of: 1. a historic sign district; 2. a residential dwelling unit; 3. a tract located in a zoning district, other than an interim rural residence (RR) or commercial highway (CH) zoning district, in which: a. a single-family residential use, a multi-family residential use, or a mixed use development is a permitted use; and b. if the tract is developed, the existing uses on that tract include at least one dwelling unit; or 4. a residential lot in a residential subdivision in the extraterritorial jurisdiction; and (iv) if the sign is relocated within the zoning jurisdiction, it must be within a commercial or industrial base zoning district. (d) Sign district restrictions on sign height and face size otherwise applicable to the relocation tract do not apply to the relocated sign, but the face size of the relocated sign may not exceed that of the original sign, and the sign height of the relocated sign may not exceed 42 feet above ground level street pavement. (e) A relocated sign must be permanently removed from the new location not later than 25 years after the date the relocation application is approved unless within the 25 year time period the sign owner (Supp. No. 170) Page 5 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change permanently removes and does not relocate a second nonconforming off-premise sign from a location described in Paragraph (5)(a). (f) The council may waive or modify, with or without conditions, a requirement of Paragraph (5)(a) - (e) if the council determines that the waiver or modification is justified by the aesthetic benefit to the City. (i) In making the determination, the council may consider: 1. 2. 3. the number of nonconforming off-premises signs to be removed; the characteristics of the sites from which the signs are to be removed; the characteristics of the site on which the sign is to be relocated; and 4. other relevant factors. (ii) The council shall hold a public hearing before acting on a proposed waiver or modification. (iii) The director of the Watershed Protection and Development Review Department shall give notice of the hearing in accordance with Section 25-1-132(B) (Notice Of Public Hearing). (g) A sign may not be relocated or removed under this paragraph unless the sign is registered and all registration fees are paid as required by Subsection (F). (h) For each non-conforming off-premise sign relocated under this section, the sign owner must install lighting that is energy efficient, as determined by Austin Energy, and meets or exceeds International Dark Sky standards for pollution reduction. The lighting required under this subsection must be installed: (i) no later than six months after the effective date of Ordinance No. 20080605-076, if the sign was relocated prior to that date; (ii) upon installation of the relocated sign, if the relocation occurs after the effective date of Ordinance No. 20080605-076; or (iii) for all other off-premise signs, within 36 months after the sign is registered in accordance with Subsection (F). (Supp. No. 170) Page 6 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (i) An applicant must: (i) be the owner of each sign to be relocated or removed; (ii) file an application for sign relocation with the director at least 90 days before relocating the sign; and (iii) include with the application: 1. a statement from the owner of each tract from which the sign is to be removed agreeing to the permanent removal of the sign; or 2. a document approved by the city attorney indemnifying the city for all costs and claims arising from the sign relocation, sign removal, or permit issuance and providing that the city attorney may hire counsel for and shall direct the defense of the claims. (j) An applicant must relocate a sign not later than one year after the date the director of the Development Services Department approves the application. (k) A sign that must be relocated under Paragraph (5)(a)(v) may not be relocated to a tract: (i) located on a scenic roadway; or (ii) with a residential base zoning district if the sign is relocated within the zoning jurisdiction. (C) This subsection applies to a nonconforming sign that is damaged by accident, natural catastrophe, or the intentional act of a person other than the sign owner or land owner. (1) The sign owner or land owner may repair the damaged sign if the cost of repairing the sign does not exceed 60 percent of the cost of installing a new sign of the same type in the same location. Otherwise, the sign owner or land owner shall remove the sign. (2) The sign owner or land owner: (a) must apply to the building official for a repair permit not later than the 30th day after the date of damage, and shall finish the repairs not later (Supp. No. 170) Page 7 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change than the 90th day after the date the building official approves the permit application; or (b) shall remove the sign. (D) This subsection applies to the replacement or relocation of a nonconforming sign under Subsections (B)(3) through (B)(5). (1) The sign owner or land owner may not replace or relocate the sign if it is dismantled before an application for a permit authorizing the replacement or relocation is filed. (2) The sign owner or land owner shall: (a) finish the replacement or relocation of the sign not later than the 90th day following the date of dismantling; or (b) remove the sign. (E) The building official may not issue a permit for maintenance of a nonconforming sign if the maintenance cost exceeds 60 percent of the cost of installing a new sign of the same type in the same location. (F) This subsection applies to an off-premise sign that is not installed on a right- of-way installation. (1) This paragraph prescribes registration and identification requirements. (a) The owner of the sign must register the sign every year with the director. (b) The sign owner shall, on a form prescribed by the director, provide: (i) information regarding the sign location, height, size, construction type, materials, setback from property boundaries, and illumination; and (ii) the name and address of the sign owner. (c) The sign owner shall initially register the sign by August 31, 1999, or within 180 days after the date the sign becomes subject to the City's planning jurisdiction, as applicable, and shall pay a registration fee set by separate ordinance. (d) A person who fails to register a sign as required by this paragraph commits an offense. (Supp. No. 170) Page 8 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (e) A sign owner is prohibited from relocating a sign if the sign owner is in violation of the registration requirements for any sign owned by that sign owner within the City's jurisdiction. (f) The sign owner shall place identifying markers on the sign as required by the director. Such markers shall include, but not be limited to, the applicable registration number and measurement points to assist in verifying the height of a sign. (g) A sign owner shall, in a manner prescribed by the director, provide an annual inventory of all signs owned by that sign owner, including but not limited to a description of the sign, the location of the sign, and the owner of the property on which the sign is located. (h) The building official shall notify the property owner of the pending expiration of a sign registration, no earlier than 90 days and no later than 30 days prior to the expiration. The director shall provide the same notice to the sign owner if the inventory required under subsection (f) has been provided. (2) The director shall mail notice of an application to repair or replace a sign not later than the 7th day after the application is filed to the: (a) applicant; (b) neighborhood organization; and (c) sign owner, if a sign owner is identified in accordance with Paragraph (1). [§ 25-10-158 IDENTIFICATION SIGNS ON PUBLIC RIGHT-OF-WAY INSTALLATIONS. (A) A sign may be installed on a right-of-way installation in accordance with the requirements of this section. (B) Signage installed under Subsection (A) of this section must: (1) face away from portions of the right-of-way that are open to automobile traffic; (2) not contain electronic images or lighting; and (3) be limited in total area to the lesser of: (Supp. No. 170) Page 9 of 10 Created: 2025-06-17 17:25:08 [EST] Working Draft for Codes and Ordinances Joint Committee Subject to Change (a) 30% of the area of the face of the installation on which it is installed; or (b) 4 square feet.] (Supp. No. 170) Page 10 of 10 Created: 2025-06-17 17:25:08 [EST]