§ 28-6. Definitions.

When used in this chapter, the following terms have the following meanings:

Abandoned sign means any sign structure that upon the expiration of thirty (30) calendar days after written notice is given:

(1)

Is not in lawful compliance with this chapter; or

(2)

Is not classified as a nonconforming sign.

Action video means the use of action footage shot with any device, the product of which is sized to fit and be displayed by an electronic message sign or similar device.

Adjacent means two (2) properties, lots or parcels where they abut or where they are nearby and are separated by a dissimilar type of manmade or geologic feature.

Advertiser means any natural person who uses signs or other medium to display a message to the public.

Advertising means the activity of displaying a message to the public.

Advertising bench means any bench providing seating to the general public without charge, which may bear advertising.

Alamo Plaza Park means the city park area bound by East Houston Street on the north, by the eastern portion of Alamo Plaza (Street) on the east, by Blum (Street) on the south, and the western portion of Alamo Plaza (Street) on the west.

Animated sign (aka moving sign ) means a sign any sign, or part of a sign, which changes physical position by any movement or rotation or that depicts action, motion, light, or color changes through any means.

Animation means the use of movement or some element thereof, to depict action or create a special effect or scene.

Appeal means a formal request for hearing to a higher authority submitted pursuant to the requirements of this chapter.

Approved means acceptable to the director or authority having jurisdiction.

Area means the entire advertising area within the sign excluding any framing, trim, or molding and the supporting structure. Also known as the "sign face." A Matrix 2-D symbol is not part of the area.

Arterial type A street classification means any street designated as a super primary or secondary arterial type A in the city major thoroughfare plan.

Arterial type B street classification means any street designated as super, primary or secondary arterial type B in the city major thoroughfare plan.

Attached means fixed or adjoined to something else.

Awning or canopy sign means a sign that is mounted or painted on, or attached to, an awning, or canopy that is otherwise permitted by this chapter.

Back to back sign means a structure containing two (2) parallel signs whose faces are oriented in opposite directions and are spaced no more than ten (10) feet apart.

Bandit sign means any sign posted on a utility pole, street sign or other street furniture or a sign posted on public property or public right-of-way in violation of this chapter. No sign owned or placed by the city, the state, or a public utility shall be considered a bandit sign.

Banner sign means a temporary, unframed sign made of various flexible materials.

Bill means any advertising poster or hand bill.

Billboard means a structure erected to display an off-premises message. (See "Off-premises signs.")

Billboard operator means any person licensed by the development services department to install, erect, service, maintain, alter, repair or demolish billboards.

Board means the building-related and fire codes appeals and advisory board, unless specifically stated otherwise or it is clear by the context that something else is intended.

Cabinet means the part of a sign structure consisting of metal enclosures which have a face area to provide messages or advertising and which may or may not be illuminated.

Canopy sign means a sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over an entrance or window, or along a building facade.

Changeable-copy sign means a sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time and temperature units), digitally projected or manually though placement of letters or symbols on a panel mounted in or on a track system.

Channel letter sign means a sign composed of raised, cut-out letters or symbols constructed of a material which may or may not be illuminated.

City means the City of San Antonio, Texas.

Commercial collector street classification means a street which primarily serves non-residential purposes and provides access to abutting, nonresidential property, collecting traffic from local streets to distribute to arterial streets and expressways. Also refers to arterial type B.

Cultural facilities means establishments such as museums, art galleries, public libraries and community centers, botanical and zoological gardens, and theaters for performing arts, which, although they may charge an admission fee, are essentially nonprofit and are principally funded through public expenditures, foundation grants, and donations.

Cutouts means reproductions of that portion of the graphic elements of an off-premises sign which project beyond the normal limits of the advertising face to dramatize the copy and the advertising message.

Digital display means a sign face, display or device that displays images composed of electronically illuminated segments and/or a series of grid lights, including cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic or other electronic media or technology.

Digital projection means the ability to project an image, geographic design, or any other such figure onto the facade of any structure through video mapping or any other type of technologies.

Digital sign means a sign regulated under this chapter that is fitted with a digital display.

Director means the director of development services and includes authorized designees, unless specifically stated otherwise or clear from the context.

Dwell time means the interval of change between each individual message. Dwell time shall not include the one second or less required to change a message.

Electronic message center means a sign capable of displaying words, symbols or figures that can be changed by remote or automatic means.

Electric sign means any sign on which letters, figures, designs, or messages are formed or outlined by electric illumination, or by a transparent or translucent medium which is electrically illuminated, whether the illuminating device is contained within or on the sign and shall also include all outside building outlining, and interim decorative displays and gas tube window outlining. Signs illuminated by electric lights which are not attached to the sign, and signs which are lighted by floodlights or projectors, are not classified as electric signs within the meaning of this chapter. Any portable sign that has electrical components attached, connected to, or part of the sign, or support, whether electrified or not, shall be considered an electric sign and all provisions of this chapter pertaining to electric signs shall apply.

Embellishments means any feature to include, but not limited to, a cut-out, neon or plastic letters, clock, electric device, and space extension which is added to an advertising structure.

Encroach means something is built on or hangs over another's property interest.

Event means something that occurs in a certain place during a particular interval of time with a clearly established beginning and end.

Expressway street classification means any street designated as an expressway in the city major thoroughfare plan.

Facade means the exterior walls of a building exposed to public view or that wall viewed by persons not within the building, including any vertical extension of a building wall (parapet), but not including any part of the building roof.

Feather sign (aka feather-type sign ) means a sign in a feather, flutter, square, teardrop and half drop shape usually self-supported or supported by a pole(s) and firmly affixed to the ground.

Fireproof structure means a sign constructed entirely of steel members including structural support for the sign face. The sign face and its support members may be constructed of wooden or metal panels.

Flashing means a pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated, inverse illuminated or operates with transitory bursts, for periods of less than one (1) second. This term includes blinking, strobing and twinkling. Animation as defined does not fall under the definition of flashing.

Flashing sign means any directly or indirectly illuminated sign exhibiting changing natural or artificial light or color effects by any means whatsoever.

Footcandle means a unit of light measurement equal to one (1) lumen per square foot. Footcandle may be abbreviated "fc."

Freestanding sign means a sign not attached to a building or any structure other than its own support, supported by one or more columns, uprights or braces in or upon the ground, and that may extend over any portion of a building.

Government sign means a sign erected and maintained on a sign pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

Historic area means a district or zone designated by the city council or a unit of the state or federal government, within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale. An historic area may also be a part of, or related to, a square, park, or other area; the design of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.

Historical building means any building or structure which is officially designed as historically or architecturally significant by a unit of local, state, or federal government.

Illegal sign means any sign unlawfully erected or maintained and includes sign structure and signs that have lost nonconforming rights.

Illuminated sign means a sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by reflection of a light source aimed at its surface.

Incidental/way finding sign means a non-illuminated sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. "For sale/lease" signs not more than thirty-two (32) square feet in area are considered incidental signs.

Local street classification means any street not defined in this chapter as:

(1)

An arterial type A;

(2)

Arterial type B;

(3)

Commercial collector; or

(4)

Expressway.

Luminance means an objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft ).

Maintenance as it pertains to on-premises signs means the upkeep, care, refacing and servicing of equipment comprising sign components and sign structures. However, it does not include any rebuilding, reconstructing or any reconfiguration of the existing sign cabinet.

Maintenance, nonconforming means the replacement or repair of existing electrical appurtenances, apparatus, equipment, machinery, or controls used in connection with the use of electrical energy in, on, outside, or attached to a sign, or sign structure. This precludes any technological improvements to nonconforming signage.

May implies permissiveness and connotes a non-mandatory action.

Menu board means a sign placed so as to be viewed from a drive-through lane and containing a listing of products and prices offered by the business. A menu board may include a mechanism for ordering products while viewing the sign.

Mobile sign means a sign affixed in any manner whatsoever to a motor vehicle while in motion for the purpose of advertising.

Monument sign means a permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade-level support structure with no separation between the sign and the ground or grade-level support structure. Monument signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing. See section 35-A101 of the Unified Development Code.

Multiple tenant sign means an on-premises pole sign that advertises three (3) or more occupancies on the same premises. Each tenant shall not advertise more than the allowable maximum for each street classification to include digital and traditional electronic space at any one (1) point of time.

Natural feature means that which is found in its natural or original state out of doors and has not been converted into a structure as defined in this section, and includes but is not limited to trees, bushes, shrubbery, rocks, boulders, and earth.

Neighborhood means a distinct segment of the community, usually consisting of essentially similar housing stock whose boundaries are defined by physical barriers such as major arterial streets and railroads and/or natural features such as creeks and rivers.

Nit means a unit of illuminative brightness equal to one (1) candle per square meter, measured perpendicular to the rays of the source.

Nonconforming sign means a sign which was lawful prior to the adoption or revision, or amendment of this chapter, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of this chapter.

Occupancy means a business, office, or other enterprise which has a separate certificate of occupancy.

Off-premises sign means any sign not meeting the definition of, or considered an on-premises sign, including but not necessarily limited to, a sign that pertains or directs attention to a business, product, service, activity, person, organization, institution, event, place, object, or location not located, manufactured, conducted, sold, or offered on the premises on which the sign is located. An off-premises sign shall not include plaques or memorials by the city on public property within the Rio Districts.

Off-premises digital sign means an off-premises sign outfitted with a digital display.

Off-premises sign operator means any person licensed by the director to install, erect, service, maintain, alter, repair or demolish non-electrical off-premises signs. Any electrical sign work conducted on an off premises sign shall be done by a state licensed master electrician or a licensed master sign electrician.

On-premises digital sign means an on-premises sign outfitted with a digital display.

On-premises sign operator means any person licensed by the director to install, erect, service, maintain, alter, repair or demolish non-electrical on-premises signs. Any electrical work shall require a licensed master sign electrician or master electrician. Please note for on-premises operator, see license requirements.

On-premises sign means a sign that directs attention to a recognized commercial or industrial activity pertaining to a business, product, service, activity, person, organization, institution, event, place, or object that actually is manufactured, conducted, sold, or offered upon the premises on which the sign is located, except that any sign bringing more than mere incidental rental income to the property owner in contrast to the rental of its corresponding business/office space, shall not be considered an on-premises sign.

Park means a publicly owned tract of land designated and used by the public for active and/or passive recreation.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, and designed to move in the wind.

Permitted area means the area that is authorized for use for a permitted event by the department exercising control of the public property.

Permitted event means an event that is allowed to use public property by the issuance of a permit by the department exercising control over the use of the public property.

Person means an individual, association, or corporation.

Place means to physically place or cause to be physically placed.

Pole sign means a sign that is mounted on a free standing pole or other support.

Political sign means a temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

Portable sign means any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a vehicle, trailer, wheeled carrier, or other mobile structure, but not a motor vehicle. A portable sign which has its wheels removed is a portable sign. The term "nonelectric portable sign" means any portable sign which does not have any electrical components.

Practical experience means performing work with, but not limited to, hand tools and equipment, welding equipment, hole-diggers, cranes, and other equipment used in the installation of and/or the construction of signs.

Premises means a single lot or parcel of land (platted and/or unplatted), together with all buildings, structures, yards areas and parking spaces as defined by the Unified Development Code; under the same ownership and used for the same, general purpose or use as permitted by zoning.

Private profiteering means a tangible benefit or gain for the placement of unauthorized off-premises signs in:

(1)

Residential zoning districts, and

(2)

Non-residential zoning districts.

Public nuisance means any legal sign erected or maintained in any manner:

(1)

To constitute an immediate threat to the health, safety or welfare of the public, or is

(2)

Dangerously damaged or deteriorated.

Public right-of-way means an area or strip of land, dedicated for municipal public use, occupied or intended to be occupied by a street, walkway, railroad, utility line, drainage channel, or other municipal public uses as authorized by law. It is a rebuttable presumption that any area within fifteen (15) feet of the edge of a paved portion of a public street maintained by the city is public right-of-way.

Qualified person means one with the requisite skills, knowledge and training as evidenced by certifications, licenses, or experience to offer sound and competent judgment as to a particular issue.

Recognized commercial or industrial activities means activities customarily permitted only in zoned commercial or industrial areas except that none of the following shall be considered recognized commercial or industrial activities:

(1)

Outdoor signs;

(2)

Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, temporary roadside fresh produce stands;

(3)

Activities not housed in a permanent building or structure having functioning water and sewer connections and functioning electrical connections;

(4)

Activities conducted in a building primarily used as a residence;

(5)

Railroad right-of-way;

(6)

Activities more than two hundred (200) feet from the edge of the right-of-way;

(7)

Activities conducted only seasonally;

(8)

Activities not conducted by human beings;

Reface means removing vinyl and replacing, restoring, repainting or repairing the existing advertising sign face area which is attached, annexed, or supported from the sign cabinet and/or main structure. The term specifically includes altering the shape of a registered "trademark sign" to prevent misidentification with the registered trademark. It does not include any other rebuilding, reconstructing or reconfiguration of the existing sign cabinet and/or existing supporting structure. Reface is a type of maintenance.

Roof sign means a sign that is mounted on, and is wholly supported by, the roof of a building and which projects above the point of a building with a flat roof, the cave line of a building with a gambrel, gable, or hip roof, or the deck of a building with a mansard roof.

Shall/must means a mandatory action.

Sign means any object, device, display, structure, description, figure, painting, drawing, message, plaque, placard, poster, or thing or any part thereof, situated outdoors or indoors, that is designed or used to advertise, inform, identify, display, direct, or attract attention to anything by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. The foregoing enumeration of signs shall not be considered to be exclusive. The term "sign" shall include all other devices or structures as may reasonably be included under it, whether attached or unattached. This definition excludes all national or state flags, non-electric window displays, graffiti placed without the authority of the property's owner or representative, the official announcements or signs of government, and athletic scoreboards displaying no otherwise off-premises signage.

Sign assembly means all parts of an advertising structure.

Simulcast means a simultaneous live transmission of the permitted event from the permitted area to one or more permitted areas or to an area on private property.

Street frontage means the distance for which a lot adjoins a public street, from one lot line intersecting a street to the furthest distant lot line intersecting the same street.

Structure means anything built, constructed or erected or any piece or work artificially built-up or composed of parts joined together in some definite manner including, but not limited to, buildings of any kind, utility poles, fences, fire-hydrants, street light standards, traffic light standards, traffic directional sign standards or any other thing to which a sign, may be placed, affixed, erected, painted, posted, maintained or displayed.

Temporary sign means a sign advertising messaging displayed for a limited period of time and subject to reasonable placement and manner regulations as set forth in this chapter.

Temporary sign on public street right-of-way means an off-premise temporary sign that is permitted to be placed on the right-of-way of a road or highway maintained by the city.

Three-dimensional sign means a sign having or appearing to have three (3) dimensions: length, width, and depth.

Type A street classification (commercial collector) means any street designated as a primary or secondary arterial type A in the city major thoroughfare plan.

Variance means the right to build on land in a way prohibited by strict application of this chapter.

V-type sign means a structure composed of two (2) signs with the faces oriented in opposing directions and in the shape of the letter "V"; provided, however, that only one (1) face can be viewed from any one direction.

Wall sign means a sign fastened to, projected on, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not protrude more than eighteen (18) inches from the building or structure.

Window sign means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Zone means one of the standard zoning classifications established in chapter 35 of the City Code.

(Ord. No. 2017-05-04-0297 , § 1(Att. 1), 5-4-17)