§ 35-645. Signs and Billboards on Public Property or Right-of-Way.

(a)

General Provisions. All non-regulatory signage on public property, on the public right-of-way, or overhanging the public right-of-way shall conform to all city codes and must be approved by the historic preservation officer prior to installation. Permits must be obtained following approval of the application. The historic preservation officer may submit an application under this section to the historic and design review commission for their recommendation prior to approving, denying, or approving with conditions the application. Memorials, markers, naming rights of public property, and recognition of charitable donations given to the City of San Antonio shall be additionally governed by existing policies for memorials and markers and/or any formal action passed by city council. Temporary displays approved by the department exercising control of the public property are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas.

(b)

Sign Definitions. For signage definitions, refer to subsection 35-612(b) and chapter 28 of the City Code.

(c)

Proportion of Signs. Signage width and height must be in proportion to the facade, respecting the size, scale and mass of the facade, building height, and rhythms and sizes of window and door openings. The building facade shall be considered as part of an overall sign program but the sign shall be subordinate to the overall building composition. Additionally, signs should respect and respond to the character and/or period of the area in which they are being placed.

(d)

Standards for Sign Design and Placement. In considering whether to recommend approval or disapproval of an application for a certificate to construct or alter signage on a building, object, site, or structure, the historic and design review commission shall be guided by the following standards in addition to any specific design guidelines adopted by city council:

(1)

Primary sign design considerations shall be identification and legibility. Size, scale, height, color and location of signs shall be harmonious with, and properly related to, the overall design of the building or structure and the surrounding area.

(2)

The number of signs on each building shall be kept to a minimum to prevent unsightly clutter and confusion.

(3)

Signs which describe, point, or direct the reader to a specific place or along a specific course, such as "entrance," "exit," and "handicap access" shall be reviewed.

(4)

All graphic elements shall reinforce the architectural integrity of any building. Signs should not disfigure, damage, mar, alter, or conceal architectural features or details and should be limited to sizes which are in scale with the architecture and the streetscape. The historic and design review commission shall be guided by the building's proportion and scale when such elements are incorporated.

(5)

Additionally, when reviewing applications for signage the historic preservation officer and the historic and design review commission shall consider the visual impact on nearby historic resources and established neighborhood character.

(e)

Special Purpose Signs. All special purpose signs may be approved by the historic preservation officer and shall be removed within thirty (30) days from the date of approval unless otherwise specified. If within the specified period the applicant feels there is a continued need for the special purpose sign, promotional sign or temporary sign, the applicant may file a new application to request additional display time. Non-governmental banners, pennants and flags, excluding flags included as elements of an overall streetscape or design plan, are considered special purpose signs under the provisions of this chapter and are appropriate for advertising the event and for decoration only during special events or celebrations. No permanent advertising may be regulated in this way. Temporary displays approved by the department exercising control of the public property are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas.

(f)

Prohibited Signs. Signs that shall not be permitted include:

(1)

Any sign placed upon a building, object, site, or structure in any manner so as to disfigure, damage, interrupt, or conceal any window opening, door, or significant architectural feature or detail of any building;

(2)

Roof mounted signs, except in the cases of (i) integral design with the building; (ii) a contributing sign; (iii) or otherwise allowed in this article;

(3)

Digital and/or LED lighted signs, not to include LED light sources that do not meet the definition of a sign, with or without rotating, flashing lettering, icons or images. Except as provided below:

A.

A public transportation agency may incorporate transit information signage into transit shelters, utilizing LED or digital technology, provided the signage is contained within or under the transit shelter, and is limited to five (5) square feet of signage area, and one (1) sign per thirty (30) linear feet of pedestrian shelter.

B.

A public transportation agency may incorporate transit information signage into a monument sign at transit stops, utilizing LED or digital technology, provided it is limited to five (5) square feet of signage area.

C.

A public transportation agency may incorporate transit information signage into a monument sign at transit facilities (other than transit stops), utilizing LED or digital technology, provided it is limited to seven (7) square feet of signage area.

D.

The historic preservation officer may impose additional restrictions on illumination to ensure that the character of signs are harmonious with the character of the structures on which they are to be placed and any designated landmarks or districts in the area, provided that such restrictions are reasonably related to other conforming signs and conforming structures in the area, do not unreasonably restrict the amount of signage allowed by this section, and are in keeping with the intent of this section. Among other things, consideration shall be given to the location and illumination of the sign in relation to the surrounding buildings, the use of appropriate materials, the size and style of lettering and graphics, and the type of lighting proposed. Notwithstanding the above, applicants may not exceed illumination restrictions contained in chapter 28.

E.

Temporary displays for permitted events are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas.

(g)

Violations. In those instances where a sign is erected or maintained in violation of the aforementioned restrictions, the historic preservation officer, the development services department or park police shall notify the sign's owner, agent, operator or lessee. If the owner, agent, operator or lessee fails to remove the sign within three (3) days after notification, the department of development services or the historic preservation officer may file an action in municipal court as outlined in section 28-15 City Code of San Antonio, Texas. In addition, nothing herein shall prevent the city attorney from seeking civil remedies.

(1)

Dilapidated Signs. All signs shall be maintained in good working condition so as to present a neat and orderly appearance. Signs and components thereof shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked panels, and broken or missing letters. All signs, components, supports and their surroundings shall be kept free of all sign materials, weeds, debris, trash, and other refuse. The historic preservation officer, the code compliance department, the development services department or the park police may give written notice to remove or repair, within thirty (30) days, any sign which shows gross neglect or which is dilapidated. Failure to comply shall be considered a violation of this chapter, and the sign shall be removed at the owner's expense. Additionally, whether the sign has been designated a contributing structure shall be taken into account when evaluating the condition of the sign.

(2)

Abandoned Signs. A sign, including its supporting structure or brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer on the premises and such sign has been determined to be abandoned under the provisions of chapter 28. Such sign, if not removed within thirty (30) days from the determination of abandonment by such business, shall be considered to be in violation of this chapter, and shall be removed at the owner's expense. This does not include signs that are approved as contributing structures.

(Ord. No. 98697 § 1 and 6) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-04-09-0291 , § 6, 4-9-15)