§ 25-10-4. DEFINITIONS.

In this chapter:

(1)

CORE TRANSIT CORRIDOR means a roadway designated under "Core Transit Corridors" in Article 5 of Chapter 25-2, Subchapter E ( Design Standards and Mixed Use ).

(2)

FLAG means a piece of fabric attached to a flag pole or other support on one side, where the length at right angles to the support is at least as long as the length of the attached side.

(3)

FUTURE CORE TRANSIT CORRIDOR means a roadway designated under "Core Transit Corridors, Future" in Article 5 of Chapter 25-2, Subchapter E ( Design Standards and Mixed Use ).

(4)

FREESTANDING SIGN means a sign not attached to a building, but permanently supported by a structure extending from the ground and permanently attached to the ground.

(5)

MAINTENANCE means the cleaning, painting, repairing, or replacing of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign, but does not include changing the design of the sign's support construction, changing the type of component materials, or increasing the illumination.

(6)

MOBILE BILLBOARD means a sign installed or displayed on a motorized vehicle operating in the public right-of-way for the purpose of advertising a business or entity that is unrelated to the owner of the vehicle's primary business. The term does not include a sign that is displayed or installed on:

(a)

a non-motorized vehicle, including but not limited to pedi-cabs;

(b)

a bus that is used primarily for the purpose of transporting multiple passengers;

(c)

a taxicab or transportation network provider operator, if the sign complies with the requirements of City Code Section 13-2-488 ( Advertising on Taxicabs Permitted ); or

(d)

a vehicle operated in the normal course of the vehicle owner's business, if the sign contains advertising or identifying information directly related to the business and is not used to display advertising that is unrelated to the business.

(7)

MULTI-TENANT CENTER SIGN means a sign associated with two or more uses with common facilities.

(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.

(11)

PROJECTING SIGN means a wall sign that extends over street right-of-way for a distance of more than 18 perpendicular inches from the building facade.

(12)

PROJECTED SPECIAL EVENT SIGN means an image or series of images displayed on a building façade and conveyed to the building façade via beams of light in connection with a special event.

(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 bicycle kiosk, bus stop, or transit facility that is located in the public right-of-way.

(15)

ROOF SIGN means a sign installed over or on the roof of a building.

(16)

SEARCHLIGHT SIGN means a sign consisting of a bright light source that projects a beam.

(17)

SIDEWALK SIGN means a sign located on a sidewalk, either within street right-of-way or on private property within a unified development.

(18)

SIGN means a display surface, structure, light device, banner, plaque, poster, billboard, pennant, figure, painting, drawing, flag, or other thing, whether mounted on land, air, or water, that is designed, intended, or used to display or draw attention to a communicative visual or graphic image, whether or not the image includes lettering, and that is visible from any portion of the public right-of-way open to vehicular or pedestrian traffic. A sign includes both on- and off-premise signs, including billboards, and any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. Notwithstanding the generality of the foregoing definition, the following are not signs for purposes of this chapter:

(a)

An image displayed on the interior wall of a building;

(b)

Decorative or architectural features of buildings or onsite landscape features which do not include lettering, trademarks, or moving parts and which do not perform a communicative function;

(c)

Foundation stones and cornerstones which are permanent in nature and incapable or not intended for modification once installed;

(d)

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;

(e)

Identifying marks on tangible products that customarily remain attached to the product even after sale;

(f)

Merchandise on public display and presently available for purchase on-site;

(g)

News racks and newsstands;

(h)

Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, or similar accessories, other than commercial mascots or hand-held placards or appliances worn for the principal purpose of holding a placard; or

(i)

Vending machines, product dispensing devices, and automated product intake devices which do not display off-premise commercial messages, including depositories for recycled materials, slots for returning lent books, media, or other material, laundry boxes, and similar depositories.

(19)

SPECIAL EVENT means an event that:

(a)

has 100 or more attendees per day at a city facility, other than the Austin Convention Center, Long Center, City Hall, or Palmer Events Center;

(b)

impacts a city street, sidewalk, alley, walkway, or other city public right-of-way other than as permitted under Chapter 14-6 ( Temporary Street Closure ); or

(c)

is temporary, involves 100 or more attendees per day, and

(i)

is inconsistent with the permanent use to which the property may legally be used, or the occupancy levels permitted on the property; and

(ii)

includes one of the following:

• Set up of temporary structures including, but not limited to tents, stages, or fences;

• Sound equipment, as defined in Section 9-2-1 (Definitions); or

• Consumption of food or alcohol.

(20)

STREET BANNER means a fabric sign hung over a street maintained by the City.

(21)

STREET RIGHT-OF-WAY means the entirety of a public street right-of-way, including the roadway and pedestrianway.

(22)

WALL SIGN means a sign attached to the exterior of a building or a freestanding structure with a roof but not walls.

Source: Sections 13-2-850, 13-2-854(a), 13-2-869(b), 13-2-873(a), 13-2-874(a), and 13-2-875(a); Ord. 990225-57; Ord. 990225-70; Ord. 031030-11; Ord. 031211-11; Ord. 20080605-076; Ord. 20090827-032; Ord. 20100610-064; Ord. 20140213-088, Pt. 2, 2-24-14 ; Ord. No. 20140828-146, Pt. 1, 9-8-14 ; Ord. No. 20170817-072 , Pts. 1, 2, 8-28-17.